Module details for Law of Evidence

Description

This module examines the legal rules governing the relevance, admissibility and sufficiency of evidence in civil and criminal proceedings in the courts of law in Scotland.

Aims

The aim of this Module is to examine critically the principles governing the relevance, admissibility and sufficiency of evidence in civil and criminal litigation.

Learning Outcomes

By the end of this module the student should be able to:

1.  Understand and apply the rules of evidence concerning relevance, admissibility, weight and sufficiency of evidence;

2.  Evaluate the legal concept of corroboration as applied in Scots Law

3.  Analyse and apply legal concepts such as privilege, competence and compellability of witnesses as applied in Scots Law.

4.  Demonstrate higher level legal writing and oral skills and apply legal skills and knowledge in a practical and/or theoretical context.

Indicative Content

1 Basic Concepts

Purpose, Relevance, admissibility, weight and sufficiency of evidence. Burdens and standards of proof, human rights issues

2

2 Types of evidence

3 Corroboration

The common law in civil and criminal proceedings, The Moorov doctrine; admissions and confessions, corroboration by distress, dock and other identification, the Civil Evidence (Scotland) Act 1988.

4 Privilege and immunity

Self incrimination, Professional privilege; public interest immunity; confidentiality; without prejudice letters; witnesses and communications.

5 Competence and compellability of witnesses, character

Parties, accused, spouses, co-accused, children, vulnerable witnesses; persons of diminished physical/mental capacity. Accused persons, witnesses; similar fact evidence; Previous convictions, prior history and character.

6 Recovery and Preservation of Evidence

Improperly obtained evidence, warrants, urgency, searches, covert operations. Ss 13-20A Criminal Procedure (S) Act 1995 - police powers.

7 The Hearsay rule and exceptions

Civil and criminal rules, the Civil Evidence (Scotland) Act 1988, ss 259-262 of the Criminal Procedure (Scotland) Act 1995; res gestae and de recenti statements.

8 Opinion + Expert Evidence/Evidence at the Trial or Proof

Expert and Opinion evidence Conduct of inquiry (examination in chief, cross- examination and re- examination), children and vulnerable witnesses.

Teaching and Learning Work Loads

For session 2020/21 the expectation is that the teaching and learning hours stated in this descriptor will form a mix of synchronous and asynchronous student/staff activity, with the majority of this being online. The exact pattern of this activity is likely to vary from the standard face-to-face hours listed below but the overall student effort remains the same. Up-to-date information on the delivery of the module can be found on the relevant module MLS site and on your student timetable.

Teaching and Learning Method Hours
Lecture 26
Tutorial/Seminar 10
Practical Activity 0
Assessment 40
Independent 124
Total 200



Guidance notes

SCQF Level - The Scottish Credit and Qualifications Framework provides an indication of the complexity of award qualifications and associated learning and operates on an ascending numeric scale from Levels 1-12 with SCQF Level 10 equating to a Scottish undergraduate Honours degree.

Credit Value – The total value of SCQF credits for the module. 20 credits are the equivalent of 10 ECTS credits. A full-time student should normally register for 60 SCQF credits per semester.


Disclaimer

We make every effort to ensure that the information on our website is accurate but it is possible that some changes may occur prior to the academic year of entry. The modules listed in this catalogue are offered subject to availability during academic year 2020/21 , and may be subject to change for future years.