Evidence Law LWEN 3325

Course description:

Through problem solving and practical role plays students will critically analyze the rules of evidence applicable to the proof of facts in courts. These rules determine the evidence which will be received by courts in proof of facts, the form in which such evidence must be
presented, and the uses to which such evidence can be put. Topics include examination of both the sources and acceptability of evidence, including rules concerning the standards and burdens of proof and technical rules concerning such matters as hearsay, admissions and confessions and res gestae. Advocacy exercises will introduce students to the unique adversarial nature of the common law oral evidentiary process and emphasize the lawyer's role and ethical place in that process. This course covers material in the ?Evidence? subject. In particular, it covers the following topics: Competence and compellability. The accused‘s privilege against self-incrimination. The examination of witnesses. Disposition and character. Similar fact evidence. The accused as a witness. Burden and standard of proof. Documentary evidence. Opinion evidence and prior determination. Hearsay (the exclusionary rule and the common law and statutory exceptions). Admissions and confessions in criminal cases. Illegally obtained evidence and confirmation by subsequent fact. Res gestae. Corroboration.
Course Learning Outcomes

Course Aims:

Course outcomes:

At the end of this course students will develop the following skills:

  • an understanding of the process of proving facts within the common law court system.
  • A principled and critical understanding of the application of evidential rules in courts.
  • A critical and practical appreciation of the ethical roles of lawyers within that system.
  • A practical understanding of trial processes.
  • Proficiency in legal research techniques.