LAW529 Law of Evidence Assignment UITM Example
The assignment LAW529 aims to teach students the basic elements of rules under common law and legislation regulating evidence, as well how it can be used in determining what kind or type is necessary for either prosecution/defence side; whether any given piece has been sufficiently proved by its existence beyond reasonable doubt. Critical thinking skills development takes place through learning about ethical issues associated with both sides – criminal justice system at large (including penal proceedings) while also providing insights into personal life decisions made within this context e including questions regarding stealing property belonging to someone else).
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Assignment Brief 1: Identify the function of the law of evidence in legal proceedings.
The law of evidence is a set of rules that govern the admissibility of evidence in legal proceedings. This includes both civil and criminal trials. The law of evidence ensures that only relevant and reliable evidence is admitted into court, in order to protect the fairness of the trial process.
By examining the law of evidence, we can gain a better understanding of how evidence is treated in legal proceedings. Evidence is defined as anything presented to support a point or prove a fact. It can take many forms, such as a photograph, a witness’s testimony, documents and physical objects which could be entered into evidence by way of an exhibit.
In order for evidence to be admissible in court, it must meet certain criteria.
- The first criterion is relevance- the evidence must be relevant to the case at hand. For example, a photograph of the defendant taken at the scene of the crime would be relevant to a criminal trial.
- The next criterion for admissibility relates to fairness. The law of evidence ensures that all relevant evidence is admitted into court, so that the defendant has a fair trial. This includes both incriminating and exculpatory evidence- evidence which supports the defendant’s case as well as evidence which incriminates them.
- Another important criterion for admissibility is competency. Evidence must be presented by a competent witness who is knowledgeable about the facts surrounding the evidence in question.
- The final criterion for admissibility relates to the probative value of the evidence. This concept is slightly more complex and difficult to explain.
Probative value refers to the extent to which a piece of evidence supports an element of the case, such as whether or not someone committed a crime or how much compensation should be awarded in a civil lawsuit. Evidence which has very little probative value is not admitted into court, as it would be unfair to the defendant. Finally, it is important to note that the law of evidence differs between civil and criminal trials.
Assignment Brief 2: Explain the basic principles of the law of evidence.
The law of evidence is the basic principles that govern the use of evidence in courts. The following are essential basic principles to be applied by judges –
1) all relevant evidence should be allowed, since only relevant evidence should have any bearing on whether a jury convicts an accused person;
2) although hearsay is usually excluded because it cannot be verified for accuracy, if there are two or more hearsay exceptions permitting its introduction, then one or more may apply dependent on the circumstances; and
3) unless there is a good reason not to do so, disputed points of fact should always go to the jury. Judges should ask questions about disputed issues of fact but make no rulings on their own. Once hearings are concluded, the judge should prepare a ruling on which evidence is admissible and what facts are not in dispute before evidence is presented to the jury.
Judges are also bound by the rules of privilege, which protect certain communications from disclosure in court. The most important privileges are legal professional privilege and doctor-patient privilege. Legal professional privilege protects confidential communications between a lawyer and client for the purpose of obtaining or giving legal advice. The purpose of doctor-patient privilege is to encourage people to seek medical treatment without fear that their confidential conversations will be disclosed.
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Assignment Brief 3: Analyze issues and problems by listening and reasoning the legal issue/problem relating to evidence.
There are a few key things to keep in mind when analyzing an issue or problem by listening and reasoning the legal issue/problem.
- First, it’s important to pay attention to the evidence presented in the question. This evidence will help you to identify the relevant legal issues and problems.
- Second, you must be able to reason the legal issues and problems from the evidence presented.
- And finally, if you are asked to analyze whether the defendant is guilty or not guilty, you must answer the question. This means that you will need to compare the evidence presented to various laws in order to come to a conclusion.
It’s important for an ethical issue/problem in law school to keep these three steps in mind. This is because, if you are able to reason the legal issues and problems from the evidence, you will be able to better analyze an ethical issue/problem.
Assignment Brief 4: Explain problems by applying case law and relevant legislation to issues related to law of evidence.
The law provides a framework for regulating the use of information in legal proceedings. In particular, hearsay is not admissible under this law because it does not meet these criteria and has more risk of unreliability. It is often used to prove a person’s mental state or character. Exceptions to this rule exist when a party seeks to elicit evidence about his/her “state of mind at the time” the crime was committed, but only up until “the occurrence” of that crime.
Evidence can be considered reliable only if it meets certain standards such as being relevant and trustworthy, along with other specific requirements set forth by statute or regulation from governing boards for professions which requires testing skills in particular areas such as medical testing where a doctor’s notes would be admissible.
Board certification is one way to ensure that experts testifying in court are qualified to do so. Many professional boards have rules about who may testify and what kind of evidence they can offer. For example, the American Board of Psychiatry and Neurology requires that all applicants for board certification in psychiatry complete an approved residency program and pass an exam designed to test their knowledge of psychiatric practice. Then, they must demonstrate that they have had at least three years experience as a psychiatrist.
Since different professions require testing in different areas, such as medicine or psychology (testing of clinical skills), some boards use an examination’s content as the means to test those skills. Boards also require that doctors who want to testify as expert witnesses have had experience in the field by performing an approved residency.
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