Lectures - communication of knowledge and ideas from the lecturer to the student. Problem Solving
Exercises - student will work as part of a team and will work together to resolve various legal scenarios.
Class Discussion/Debate - Students will be encouraged to actively participate in the class sessions which
will develop their analytical and communication skills. E-Learning - the module will be
supported with on-line learning materials. Self-Direct Independent Learning - the emphasis on independent
learning will develop a strong and autonomous work and learning practices.
Module Aim:
The aim of this module is to provide students with a solid knowledge and understanding of the burdens and standards of proof that apply in civil and criminal proceedings together with the rules that apply to the examination of witnesses and the treatment of witness evidence.
Learning Outcomes
On successful completion of this module the learner should be able to:
LO1
Distinguish between the various burdens and standards of proof required in criminal and civil proceedings and explain the importance of such distinctions.
LO2
Discuss the competence and compellability of different categories of witness and the rules that govern the examination of witnesses (including an accused in a criminal case) in court.
LO3
Describe the rules on corroboration and the circumstances in which cautionary warnings must or may be given by a trial judge.
LO4
Critically analyse the law and employ knowledge and understanding in solving relevant problems.
Pre-requisite learning
Module Recommendations
This is prior learning (or a practical skill) that is recommended before enrolment in this module.
No recommendations listed
Incompatible Modules
These are modules which have learning outcomes that are too similar to the learning outcomes of this module.
No incompatible modules listed
Co-requisite Modules
No Co-requisite modules listed
Requirements
This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed.
No requirements listed
Module Content & Assessment
Indicative Content
Basic Concepts of Evidence
• Basic Terminology – Factum Probandum and Factum Probans
• Relevance – logical and legal
• Admissibility
• Voir Dire
• Types of Evidence
Burden & Standard of Proof
• The Burden of Proof
Terminology (the legal burden, the evidential burden and the tactical burden)
Burden in Criminal Cases – The Golden Thread, Presumption of Innocence, Reverse Onus provisions
Burden in Civil Cases
Presumptions (irrebuttable and rebuttable presumptions of law, presumptions of fact, presumptions without basic facts)
• The Standard of Proof
Civil and Criminal Cases
Witness System 1 - Examination of Witnesses
• Competence and Compellability of Witnesses
• Mode of Evidence - alternatives to 'in-court' testimony
• Course of Evidence
o Examination-in-Chief
Leading Questions
Refreshing Memory
Rule Against Narrative
Doctrine of Recent Complaint
Unfavourable and hostile witnesses
o Cross Examination
Objects of cross examination
Finality of answers to collateral questions
Sexual History of Complainants
o Re-Examination
Witness System 2 - Corroboration and Cautionary Directions
• Meaning of Corroboration
• Corroboration required as a matter of law
• Mandatory Corroboration Warnings
Confession Evidence
Accomplice evidence
• Discretionary Corroboration Warnings
Evidence of Complainants in Sexual Cases
Evidence of Children
• Sexual Offences - Delay 'Haugh' Warning
• Lucas Warnings
• Identification Evidence
Visual and Voice • Requirement for and extent of Cautionary Warning • Validity of Pre-trial Identification Procedures • Status of DNA evidence
Opinion Evidence
• Non-Expert Opinion Evidence
• Expert Opinion Evidence - duties of experts, rules governing the use of expert evidence
Assessment Breakdown
%
End of Module Formal Examination
100.00%
No Continuous Assessment
No Project
No Practical
End of Module Formal Examination
Assessment Type
Assessment Description
Outcome addressed
% of total
Assessment Date
Formal Exam
End-of-Semester Final Examination
1,2,3,4
100.00
End-of-Semester
SETU Carlow Campus reserves the right to alter the nature and timings of assessment