The Law of Evidence - LW518

Location Term Level Credits (ECTS) Current Convenor 2017-18 2018-19
Canterbury Autumn and Spring
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6 30 (15) DR SM Ring
Medway Autumn and Spring
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6 30 (15) DR SM Ring

Pre-requisites

LW588/614 Public Law 1, LW508/613 Criminal Law, or LW601 Advanced Criminal Law.

Restrictions

Not available to non Law students. Evening only at Medway

2017-18

Overview

The role of evidence in a courtroom is technical but its rules reflect core principles of the due process of law. These are becoming more significant with the implementation of the Human Rights Act 1998. The module considers matters such as the functions of judge and jury, standards and burdens of proof, the competence and examination of witnesses, the exclusionary rules relating to character, opinion and hearsay, improperly obtained evidence. The module also introduces students to the process of inferential logic.

Details

This module appears in:


Contact hours

One hour lecture, one hour case class and one hour seminar weekly, total of 60 contact hours.

Availability

This module is only available to students in Stage 3. This module is normally recorded and may be downloaded.

Method of assessment

Coursework worth 40% consisting of a multiple choice test worth 10%, a legal based problem of 3300 words approximately worth 30% and an examination worth 60%. Optional moot available subject to availability.

Preliminary reading

R Munday Evidence (6th ed, OUP 2011)
G Durston Evodence: Text and Materials (OUP 2008)

See the library reading list for this module (Canterbury)

See the library reading list for this module (Medway)

Learning outcomes

demonstrate a detailed understanding of the skills of forensic reasoning and how these are applied in the courtroom.

demonstrate a detailed knowledge of the functions, principles and rules of evidence as used in English and Welsh Courts.

demonstrate a critical understanding of the relationship between the rules and principles of evidence and the European Convention on Human Rights.

demonstrate a detailed knowledge of the main sources of literature on the law of evidence, from a range of disciplines.

demonstrate a critical understanding of methods of forensic reasoning within the rules of evidence to be used in a given situation.

critically assess the efficiency and effectiveness of the rules of evidence and procedure.

demonstrate a critical awareness of the policy implications of procedural issues and law reform in this area.

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