Overview
Evidence I examines the principles governing the presentation, admission, exclusion, and evaluation of proof in adjudicative proceedings. Topics include the purposes of evidence law, burdens and standards of proof, judicial notice, presumptions, relevance, materiality, probative value, unfair prejudice, testimonial competence, witness examination, credibility, impeachment, opinion evidence, expert testimony, and scientific and digital evidence.
The course develops advanced treatment of real and documentary evidence, authentication, identification, original-document requirements, chain of custody, hearsay and its exclusions and exceptions, privilege, confidentiality, character and similar-fact evidence, prior acts, witness refreshing, exclusionary remedies, illegally obtained evidence, disclosure duties, and preservation of evidence. Students apply evidentiary doctrine through trial objections, judicial gatekeeping exercises, technology-related proof, and analysis of ethical duties concerning candour and disclosure.
Learning Outcomes
- Identify evidentiary issues arising in trial records and other adjudicative proceedings.
- Evaluate relevance, materiality, probative value, prejudice, reliability, and weight in contested evidence.
- Distinguish hearsay from non-hearsay uses and apply relevant exclusions, exceptions, and reliability considerations.
- Assess the admissibility and weight of testimonial, opinion, expert, scientific, digital, documentary, real, and demonstrative evidence.
- Formulate and respond to principled objections concerning authentication, identification, privilege, disclosure, exclusion, and illegally obtained evidence.
- Conduct effective direct examination, cross-examination, impeachment, and witness-refreshing exercises.
- Organize documentary and demonstrative proof while maintaining appropriate authentication and chain-of-custody records.
- Synthesize evidentiary rules and ethical duties to construct persuasive arguments for admitting or excluding contested evidence.
Timetable
| Type | Length | Frequency | Period |
|---|---|---|---|
| Lecture | 2 hours | Weekly | All semester |
| Tutorial | 2 hours | Weekly | All semester |
| Workshop | 2 hours | Fortnightly | All semester |
Assessment Schedule
| Type | Description | Weighting |
|---|---|---|
| Assignment | Case analysis assignment | 15.00% |
| Test | Objection and examination exercises (2 × 10%) | 20.00% |
| Assignment | Evidence problem set | 15.00% |
| Deliverable | Moot court evidentiary submission | 15.00% |
| Exam | Final examination | 35.00% |
Prerequisites
Teaching Staff & Programs
This course is delivered jointly by faculty from the participating programs listed below. In line with the Douchewater Way, the University of Sexology tailors core instruction directly to each cohort's specific discipline — adapting curriculum to program needs rather than forcing students into a one-size-fits-all model. Learn more about our approach at The Douchewater Way.
