Evidence and Litigation Rules, Principles and Process

Students will critically examine the rules and statutory rules of evidence and common law for courts and tribunals. Students will examine how evidence supports a legal claim and how facts are admitted into evidence during proceedings. Students will analyse the emergence of the modem rule of hearsay evidence and principles supporting the common law and statutory exceptions to the hearsay rule. Special attention is paid to admissibility of evidence including relevance, materiality, weight, prejudicial effect and probative value. Students will learn how to prepare witnesses and introduce various types of evidence allowed in hearings and examine strategies for the effective presentation of testimonial and documentary evidence. The importance of the expert witness is examined in the context of proving a case. All stages of the litigation process are covered, from pre-trial motions to the sequence of the trial and from the disposition of the proceeding to cost/sentence submissions.