Unit information: Evidence in 2025/26

Unit name	Evidence
Unit code	LAWD30036
Credit points	20
Level of study	H/6
Teaching block(s)	Teaching Block 4 (weeks 1-24)
Unit director	Mr. George
Open unit status	Not open
Units you must take before you take this one (pre-requisite units)	None
Units you must take alongside this one (co-requisite units)	None
Units you may not take alongside this one	None
School/department	University of Bristol Law School
Faculty	Faculty of Social Sciences and Law

Unit Information

Why is this unit important?

This unit will help you to understand a vital matter underpinning the potential-or otherwise-sustainability/viability of legal proceedings rooted in many of the areas of substantive law which you will have studied during the course of your degree studies. It is obvious, but needs to be stressed, that any claim/prosecution can only be advanced if there is valid evidence to back it-or to defend it. In that sense, the law of evidence is sui generis but it is nonetheless of huge importance that it is comprehended (and comprehended well) by those seeking a career in the legal profession, particularly (but not only) by the advocates of tomorrow. Leaving aside the law’s obvious vocational utility, it is also inherently interesting in its own right. The exploration of even basic concepts which operate in this area (‘relevance’ is an obvious example) may call upon those taking this course to re-examine their own thinking and, further, perhaps to detect some lingering ‘prejudices’ colouring that thinking. The law is comparatively dense, being a patchwork of old common law principles and varying statutory provisions of ancient and recent vintage-with attendant caselaw. The emphasis in the course is to develop a thorough understanding of the basic contours of the law. However, in certain areas, the detail will be confronted too, and the opportunity afforded to subject various rules/doctrines to scrutiny and informed criticism. The course therefore offers encouragement to examine the law in a more searching and discerning fashion than can be offered in a purely vocational course.

How does this unit fit into your programme of study?

This optional, final year unit will provide you with a sound knowledge of the law of evidence with a specific, more advanced competence in relation to certain central concepts such as the hearsay rule. It complements and has obvious links to many basic units which focus on the substantive law (eg criminal law in particular.) Substantive law claims can only proceed if there is coherent, relevant and admissible evidence from competent and compellable witnesses.

Your learning on this unit

An overview of content

This unit provides an overview of the place of the law of evidence in the civil and criminal justice systems. Specific central topics will be examined in more detail due to their salience, their inherent interest, and their relevance for those contemplating a career in the law in general and as advocates in that context in particular. The unit covers relevant topics concerning:

• Central concepts: relevance; admissibility; the discretion to exclude evidence otherwise relevant and admissible.
• The legal burden and standard of proof ie who has the obligation to prove something;
• The competence and compellability of parties/witnesses ie who can give evidence; who can be compelled to give evidence and who cannot be so compelled. The mechanics of the presentation of evidence in the trial process (examination-in-chief and cross-examination);
• The complex (unavoidable) hearsay exclusionary rule and the recognised exceptions to this rule;
• Particularly pertinent to the criminal trial process, the mechanism for the admissibility of previous misconduct (such a previous criminal convictions) to prove a propensity to commit the offence(s) charged in current proceedings. How may a defendant’s previous ‘good character’ be deployed to prove the reverse.

How will students, personally, be different as a result of the unit?

You will develop an excellent understanding of the law of evidence’s place in the trial process and, indeed, the course will equip you to examine whether a seemingly sound claim rooted in the substantive law is worth proceeding with in terms of evidential admissibility and sufficiency. The foundational knowledge gained through this unit will allow you to effectively build further specialism as a practising lawyer, and further your employability opportunities. It is a cornerstone of the advocate’s competence to comprehend the law of evidence, particularly vital for those contemplating a career at the Bar where evidence is centrally important for training and actual practice.

Learning Outcomes

On successful completion of the unit, you will be able to:

1. Demonstrate a deep understanding of the relevant law in particular areas as well as an appreciation of the underlying principles governing the spectrum of evidence law.
2. Critically assess the import of central concepts in the law and to develop skills to subject some of the key rules to an appropriate depth of scrutiny and informed analysis based upon comprehension of critical writing in the area.
3. Demonstrate an appreciation of the law’s pertinence in practical settings and to consider and, perhaps advise, potential (hypothetical) litigants on the law’s provisions impinging on their cases.

How you will learn

The unit will be taught across the academic year, and you can expect to have learning activities scheduled or planned for a minimum of 20 weeks. Teaching will include learning activities including lectures, small group work, discussions, individual tasks, and in-seminar presentations. These learning sessions can be on campus or online, and both synchronous or asynchronous.

The unit will also require directed and self-directed learning, which will include activities such as reading materials included in the unit’s reading list, accessing web-based supplementary materials, critical analysis, completion of tasks for in-seminar presentation, and completion of assessments.

How you will be assessed

Tasks which help you learn and prepare you for summative tasks (formative):

Formative assessment comes in many forms, such as informal questioning, seminar discussions, group exercises in lectures and seminars and asynchronous activities on the virtual learning platform. These provide an opportunity for you to assess your learning and do not contribute to the final mark for the unit. There will also be an opportunity to submit a written formative exercise (1500 words) that will not contribute to the final unit mark. In addition to individual feedback on the written exercise, general feedback will also be provided allowing you to gain additional understanding prior to the final assessment.

Tasks which count towards your unit mark (summative):

The unit will be assessed by a single timed assessment (100%, 3,000 words) at the end of TB2; you will be required to answer two questions, one problem question and one essay question, each with a 1,500-word limit. This assessment will cover all Intended Learning Outcomes for this unit.

When assessment does not go to plan:

When a student fails the unit and is eligible to resubmit the assessment, the unit will be reassessed on a like-for-like basis. The Board of Examiners will consider in the usual way all cases where a student has failed the summative assessment or has otherwise not completed it.

Resources

If this unit has a Resource List, you will normally find a link to it in the Blackboard area for the unit. Sometimes there will be a separate link for each weekly topic.

If you are unable to access a list through Blackboard, you can also find it via the Resource Lists homepage. Search for the list by the unit name or code (e.g. LAWD30036).

How much time the unit requires
Each credit equates to 10 hours of total student input. For example a 20 credit unit will take you 200 hours of study to complete. Your total learning time is made up of contact time, directed learning tasks, independent learning and assessment activity.

See the University Workload statement relating to this unit for more information.

Assessment
The assessment methods listed in this unit specification are designed to enable students to demonstrate the named learning outcomes (LOs). Where a disability prevents a student from undertaking a specific method of assessment, schools will make reasonable adjustments to support a student to demonstrate the LO by an alternative method or with additional resources.

The Board of Examiners will consider all cases where students have failed or not completed the assessments required for credit. The Board considers each student's outcomes across all the units which contribute to each year's programme of study. For appropriate assessments, if you have self-certificated your absence, you will normally be required to complete it the next time it runs (for assessments at the end of TB1 and TB2 this is usually in the next re-assessment period).
The Board of Examiners will take into account any exceptional circumstances and operates within the Regulations and Code of Practice for Taught Programmes.