20 Credit Modules

Module title:	Evidence
SCQF level:	09:
SCQF credit value:	20.00
ECTS credit value:	10
Module code:	LAW09122
Module leader:	MRS LESLEY-ANNE BARNES MACFARLANE
School	Accounting Financial Services and Law
Subject area group:	Law

Prerequisites

There are no pre-requisites for this module to be added

Timetables

Click here to view the trimester 2 teaching timetable

Click here to view the trimester 3 teaching timetable

2013/4, Trimester 1, Face-to-Face, Napier University

Occurrence:	001
Primary mode of delivery:	Face-to-Face
Location of delivery:	NAPIER
Member of staff responsible for delivering module:	MRS LESLEY-ANNE BARNES MACFARLANE
Module Organiser:

Learning, Teaching and Assessment (LTA) Approach:

LOs 1-4 Lectures are used to provide a knowledge base for students while tutorials give students the opportunity to reinforce their learning by requiring legal research from a wide range of sources, book-based or otherwise, the application of law to practical situations and problem-solving. The written assessment, generally an essay or a problem involving evidence and criminal Law, requires students to demonstrate their knowledge of the law, their ability to discuss a legal point or difficulty intelligently,their capacity to demonstrate their ability to write about law in accordance with normal legal/academic practice. The examination performs the same role but over a wider area of topics. The examination is two hours in duration to take account of the complexity of the subject and to give students the chance to demonstrate their knowledge.
LOs 1-4 Key employability skills/ PDP/ scholarship skills: these are embedded and assessed. As regards research and information retrieval, students are expected to research from a variety of legal resources a selected problematic area of law within the range of topics within the module and to come to a balanced and informed view of that area; as regards communication, written communication skills, promoting accuracy of expression and the importance of drafting and are assessed in both coursework and examination. This will both be of paramount importance to later practice within the legal profession.
LOs 1-4 Assessment (formative and summative): Tutorials problems may be done by students individually or in groups and feedback is given on presentations in tutorials. Summative assessment occurs generally in week 8 with a written assignment (PBL) which allows students to ascertain and argue solutions to a ‘real-life’ evidential problem. Given the complexity of this question the word count will be 2,500 words. Feedback offered to provide linkage from Criminal Law taught at SCQF level 7. Evidence is an area of law in which all practitioners in all fields of law require to have a working knowledge and so a final examination with a duration of two hours is set in order to allow students ample time to demonstrate their knowledge.
LOs 1-4 Research/ teaching linkages: students are expected to keep abreast of recent developments and current literature in the law and practice within the field of evidence, to refer to it in their work and to discuss it in tutorials.
LOs 1-4 Supporting equality and diversity: materials are provided in hard and soft (WebCT) formats, to ensure they are available to all students.
LOs 1-4 Internationalisation: where relevant the law of evidence from other jurisdictions (notably England) is considered.

Student Activity (Notional Equivalent Study Hours (NESH))
Mode of activity	Learning & Teaching Activity	NESH (Study Hours)
FACE TO FACE	Lecture	24
FACE TO FACE	Tutorial / Seminar / Class Groupwork	12
Independent Learning	Individual Learning Activities	162
	Formal Exam	2
	Total Study Hours	200
	Expected Total Study Hours for Module	200

Assessment
Type of Assessment	Weighting %	LOs covered	Week due	Length in Hours/Words
Essay	50	1 - 4	8	HOURS= WORDS= 2500
Centrally Time Tabled Examination	50	1 - 4	15	HOURS= 2 WORDS=
Component 1 subtotal:	50
Component 2 subtotal:	50
Module subtotal:	100

What you will learn and what this module is about:

Throughout the centuries a number of legal rules have evolved which promote justice and consistency in the conduct of civil and criminal court proceedings. This body of predominantly common law rules is collectively known as ‘The Law of Evidence’. In this module you will learn about these legal rules which govern the way facts may competently be proved.

Description of module content:

Introduction to the Law of Evidence. This will include:
- overview of terminology
- examination of relevance
- consideration of burden(s) of proof and presumptions
- evaluating the standard of proof
- critical examination of the sufficiency and admissibility of evidence
- analysing the miscellaneous evidential areas of civil evidence, witnesses and appeals.

Learning Outcomes for module:

LO1 Critically evaluate the Law of Evidence throughout the range of courts operating within the Scottish legal system.
LO2: Apply knowledge creatively to complex situations in order to provide arguable solutions to problems.
LO3: Construct and present relevant argument in written and oral form.
LO4: Undertake independent research in areas of evidence not previously studied

Indicative References and Reading List - URL:

(most recent edition)
T1: Raitt, ‘The Law of Evidence’, W Green.
T2: Walker and Walker, ‘The Law of Evidence in Scotland’, T & T Clark.
T3: Sheldon, ‘Evidence: cases and materials’, W Green.
T4: Westlaw & Lexis Nexis (online resources).

Click here to view this module's reading list.

Related information

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