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Aspects of Evidence

Module description

The module is directed towards critical analysis of the exclusionary rules of evidence, of particular relevance to criminal trials. It aims to provide you with an understanding of the adversarial trial structure and its impact on the content of the law of evidence, particularly in the context of the criminal trial. It also aims to familiarise you with the content of some of the key exclusionary rules; to encourage you to identify and debate current issues within the law of evidence with confidence; and to apply the legal rules and principles within a critical framework.

Module aims - intentions of the module

This module is only available to students studying for the JD on the HKUST-Exeter Programmes in Law. The module is directed towards critical analysis of the exclusionary rules of evidence, of particular relevance to criminal trials. It aims (a) to provide you with an understanding of the adversarial trial structure and its impact on the content of the law of evidence, particularly in the context of the criminal trial; (b) to familiarise you with the content of some of the key exclusionary rules; (c) encourage you to identify and debate current issues within the law of evidence with confidence; and (d) to apply the legal rules and principles within a critical framework.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

• 1. demonstrate detailed and comprehensive knowledge of the law of evidence and a substantial range of major concepts, values and principles relevant to its application
• 2. demonstrate ability to identify, explain and critically evaluate key issues in the law of evidence and to apply relevant rules and theories

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

• 3. demonstrate detailed and comprehensive knowledge of legal concepts and their contextual, social, and political implications
• 4. demonstrate ability to apply legal knowledge to a problem or case study and to suggest a conclusion supported by relevant arguments

ILO: Personal and key skills

On successfully completing the module you will be able to...

• 5. demonstrate ability to manage relevant learning resources, information, and learning strategies, and to develop own arguments and opinions with minimum guidance
• 6. demonstrate ability to work independently and to manage time efficiently in preparing for scheduled learning activities, exercises and assessment

Syllabus plan

Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:

• Nature of evidence; relevance; burden and standard of proof.
• The rule against Hearsay and exceptions to it.
• Evidence in Chief; previous statements
• Cross-Examination including sexual complainants
• Categories of witness including vulnerable witnesses such as children and sexual complainants; expert witnesses and identification witnesses.

The content of the law is evaluated within a critical framework involving notions of truth, fact and probability, as well as the findings of forensic psychology.

Learning activities and teaching methods (given in hours of study time)

Details of learning activities and teaching methods

Formative assessment

Summative assessment (% of credit)

Details of summative assessment

Details of re-assessment (where required by referral or deferral)

Indicative learning resources - Basic reading

This reading list is indicative, providing an idea of textbooks that may be useful to you on this module, but it is not a confirmed or compulsory reading list:

The latest editions of:

Dennis, The Law of Evidence (Sweet & Maxwell)

Choo, Evidence (Oxford)

Roberts and Zuckerman, Criminal Evidence (Oxford)

Key words search

HKUST, JD, Evidence, Law