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Law578-Law of Evidence II
Law578-Law of Evidence II
COURSE INFORMATION
Confidential
Course Code
LAW578
Course Name
(English)
UNDANG-UNDANG KETERANGAN II
MQF Level
6 - Bachelors Degree
SLT
121.5 Hours
Equivalent to 3 Credits
Face to Face: 63 Hours
Non Face to Face: 0 Hours
Student Preparation Time: 58.50 Hours
Pre-Requisite
Courses
No module recommendations
Co-requisite Courses
Equivalent Courses
Course Description
The law, practice and procedure on evidence is crucial to the dispensation of justice. Evidence can be defined as a means
by which any alleged matter of fact, the truth of which is submitted to the investigation, is established or disproved. The
law of evidence compromises the legal rules regulating those means in a courtroom or tribunal setting. This course takes
an overview of the key areas of the law of evidence and then focuses on the issues of practical significance such the
preparation, organization and presentation of different types evidence and mechanism of proof. This course also
promotes the development of the critical thinking & problem-solving skills and ethics & moral professionalism in the area
of evidence law.
Syllabus Content
1. Evidence of opinion
Types of opinion (Section 45 of Evidence Act, 1950).
Expert Opinion
Who is an expert?
Competency of an expert..
Role of an expert.
Basis of experts opinion.
Conflicting expert opinion
Non-expert opinion
Opinion as to handwriting
Opinion as to existence of right or custom
Opinion as to usage and tenets
Opinion as to relationship
2. Character Evidence
Meaning.
What amounts to bad character?
What amounts to good character.
Admissibility in civil cases.
Admissibility in criminal cases.
3. Witnesses
Competency/compellability (Sections 118 120 of Evidence Act, 1950.
Deaf and mute witness.
Compellability/ Privilege.
Judicial privilege.
Privilege of communication during marriage.
Privilege of evidence of affairs of state.
Privilege of official communication.
Information as to commission of Offence
Privilege as to professional communication.
Confidential communication with legal advisers.
Privilege to production of document.
Interested witness
Accomplice
Child witness
Examination of witnesses
Impeaching a witness
4. Corroboration
Compellability/ Privilege.
Judicial privilege.
Privilege of communication during marriage.
Privilege of evidence of affairs of state.
Privilege of official communication.
Information as to commission of Offence
Privilege as to professional communication.
Confidential communication with legal advisers.
Privilege to production of document.
5. Burden and standard of proof
Meaning-Sections 3, 101, 102 of Evidence Act 1950.
Burden and standard of proof in criminal cases.
Burden and standard of proof in civil cases.
Burden and standard of proof in specific cases.
Alibi
Section 105 of Evidence Act, 1950
Section 106 of Evidence Act, 1950.
Establishing a prima facie
6. Documentary evidence
Meaning
Primary and secondary
Public and private documents
Right of inspection
Proof of content of documents
Documents produced by computer
Parole evidence rule.
Teaching Methodologies
Field Trip
Inquiry-based Learning
Lectures
Tutorial
Assessment
Continuous
Assessment:
30.00%
Test - 15%
Test - 15%
Final Assessment:
70.00%
Final Examination - 70%
Duration : 180 minutes
Transferable Skills
Demonstrate ability to identify and articulate self skills, knowledge and understanding confidently and in a variety of
context. Demonstrate ability to communicate clearly and confidently and listen critically. Demonstrate practical and
contemporary knowledge of relevant professional ethical and legal frameworks. Demonstrate ability to apply creative,
imaginative and innovative thinking and ideas to problem solving. Demonstrate ability to investigate problems and provide
effective solutions.
Recommended Text
Habibah Omar, Siva Barathi Marimuthu, Mazlina Mahali, Law of Evidence, Sweet & Maxwell, 2014, ISBN: n/a
n/a, Evidence Act 1950, n/a, ISBN: n/a
n/a, Criminal Procedure Code, n/a, ISBN: n/a
n/a, Penal Code, n/a, ISBN: n/a
n/a, Oath and Affirmation Act 1949, n/a, ISBN: n/a
n/a, Evidence of Child Witness Act 2007, n/a, ISBN: n/a
References
1. S. Paul, Augustine, Evidence: Practice and Procedure, Pelanduk Publications, ISBN: n/a
2. Datuk R.K Nathan, A Practical Approach to Evidence in Malaysia and Singapore, Butterworths Asia, ISBN: n/a
COURSE LEARNING OUTCOMES - MOE LEARNING OUTCOMES - SOFT SKILLS LEARNING OUTCOMES RELATIONSHIP MATRIX
COURSE CODE
LAW578
FACULTY / ACADEMY
FACULTY OF LAW
LAW OF EVIDENCE II
CREDIT UNIT
UNDANG-UNDANG KETERANGAN II
RESOURCE PERSON
LO2
LO3
LO4
LO5
LO6
LO7
CLO1
CLO2
CLO3
CLO4
MinistryofEducationLearningOutcomes
i. Knowledge
ii. Practical Skills
iii. Thinking and Scientific Skills
iv. Communication Skills
v. Social skills, Teamwork and Responsibilities
vi. Values, Ethics, Moral and Professionalism
vii. Information Management and Life Long Learning
viii. Management and Entrepreneurship
ix. Leadership Skills
LO9
SS1
SS2
SS3
SS4
SS5
SS6
SS7
SoftSkillsLearningOutcomes
i. Critical Thinking and Problem-solving Skills
ii. Communication Skills
iii. Team Skills
iv. Ethics & Moral Professionalism
v. Life-long Learning & Information Management
vi. Entrepreneurial Skills
vii. Leadership Skills
LAW578
FACULTY / ACADEMY
FACULTY OF LAW
LAW OF EVIDENCE II
CREDIT UNIT
UNDANG-UNDANG KETERANGAN II
RESOURCE PERSON
COGNITIVE
PSYCHOMOTOR
AFFECTIVE
COURSE OUTCOMES
C1
C2
C3
C4
C5
C6
P2
P3
P4
P5
P6
P7
A1
P1
A2
A3
A4
A5
COURSE OUTCOMES
COURSE CODE
LAW578
FACULTY / ACADEMY
FACULTY OF LAW
LAW OF EVIDENCE II
CREDIT UNIT
UNDANG-UNDANG KETERANGAN II
RESOURCE PERSON
TEACHING METHODOLOGY
LO1
LO2
LO3
LO4
LO5
LO6
LO7
/
LO8
ASSESSMENT
LO9
Lecture
Tutorial
Discussion
Test
Test
Final Examination
Lecture
Tutorial
Discussion
Test
Test
Final Examination
Lecture
Tutorial
Discussion
Test
Test
Final Examination
Lecture
Tutorial
Discussion
Test
Test
Final Examination