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