Overview
Evidence II develops advanced knowledge and application of evidentiary principles in civil and criminal litigation. Building on relevance, admissibility, burdens and standards of proof, and witness testimony, the course examines complex issues involving hearsay exceptions, expert and scientific evidence, opinion evidence, character and propensity evidence, identification evidence, confessions, admissions, privilege, and illegally or improperly obtained evidence.
The course addresses documentary and digital evidence, including authentication, originals and copies, electronic records, metadata, social media, photographs, recordings, computer-generated evidence, chain of custody, and reliability challenges. It also considers presumptions, judicial notice, corroboration, vulnerable and child witnesses, examination techniques, refreshing memory, impeachment, prior inconsistent statements, credibility, exclusionary discretion, prejudice and probative value, procedural objections, disclosure, preservation, and evidential burdens.
Practical instruction uses case files, evidentiary hearings, witness preparation, expert reports, precise courtroom objections, and trial simulations. Students develop the ability to identify evidentiary issues, apply admissibility rules to novel facts, assess probative value and reliability, challenge or support expert and digital evidence, and present persuasive submissions concerning admission or exclusion.
Learning Outcomes
- Identify and classify complex evidentiary issues arising in civil and criminal litigation.
- Apply admissibility rules and evidential burdens to novel factual scenarios.
- Evaluate the probative value, reliability, and potential prejudice of testimonial, documentary, scientific, technical, and digital evidence.
- Assess the foundations, methodology, independence, and limitations of expert evidence and expert reports.
- Analyze authentication, integrity, provenance, chain of custody, and reliability issues affecting electronic records and other digital evidence.
- Formulate precise procedural objections and responses concerning hearsay, opinion, character, propensity, identification, privilege, disclosure, and improperly obtained evidence.
- Conduct examination-in-chief, cross-examination, re-examination, witness preparation, memory refreshing, and credibility challenges in accordance with applicable evidentiary principles.
- Synthesize case authorities and evidentiary facts into persuasive written and oral submissions on admission or exclusion.
- Defend reasoned evidentiary decisions concerning exclusionary discretion, prejudice, probative value, judicial notice, corroboration, and vulnerable witnesses.
Timetable
| Type | Length | Frequency | Period |
|---|---|---|---|
| Lecture | 2 hours | Weekly | All semester |
| Tutorial | 2 hours | Weekly | All semester |
| Practicum | 2 hours | Fortnightly | Second term |
Assessment Schedule
| Type | Description | Weighting |
|---|---|---|
| Assignment | Case analysis memorandum | 15.00% |
| Deliverable | Evidence file and disclosure exercise | 15.00% |
| Test | Advocacy and objection practical | 20.00% |
| Capstone | Trial simulation and oral submissions | 20.00% |
| Exam | Final examination | 30.00% |
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.
