COURSE INFORMATION

1 . Name of Course Law of Evidence II

2 . Course Code ULV4612
ULV4622 (Previous code: BLV4624)
(Previous code: BLV4614)
3 . Type of Course Core
(e.g. : Core, major, elective etc.)
4 . Synopsis This course deals with The Law of Evidence. A branch of adjective law that
regulates the proving of facts in court. The course will apply equally to both civil as
well as criminal proceedings. It is the Law of Evidence which regulates the fact
finding process of the court by determining, not only what facts may be proven in
court, but also in what manner these facts may be proven. It also determines how
much proof will be required to establish a fact in court. The evidential issues which
will be considered are the theories of similar fact evidence ,character evidence ,
opinion evidence, documentary evidence, judicial notice , witnesses and improper
admission of evidence.

5 . Version Current: November 2017

(State the date of theSenate’s approval - previous and the current approval date) Previous: June 2016
6 . Name(s) of Academic Staff Ms. Mageswary Siva Subramaniam
7. Semester and Year Offered Epsilon (Fourth) Year, Trimester 1
8. Credit Value 3
9. Pre-Requisite ULV4612 / BLV4614
10 . Objective of the course in the programme:

The objective of this course is to expose the students to the various legal theories of Evidence and the practical aspects of applying theses theories in court proceedings. To provide a
firm understanding of the exclusionary rules in Evidence and the exceptions thereof which will determine admissibility of evidence.To take a critical approach when evaluating these
issues and applying it to the practical elements of arguments in court proceedings.

11 . Justification for including the course in the programme:

This is a core subject in MQA’s Programme Standards for Certificate in Legal Practice.

12 . Course Learning Outcomes (CLO) Domain Level

CLO1: Comprehend the main principles of the Law of Evidence in
Malaysiawith reference to similar fact evidence, character
evidence, opinion evidence, documentary evidence, witnesses, Cognitive 2
judicial notice and improper admission of evidence.

CLO2: Apply the evidential rules relating to similar fact evidence,

character evidence, opinion evidence, documentary evidence,
witnesses, judicial notice and improper admission of evidence. Cognitive 3

CLO3: Analyse the rules of admissibility and weight of proof with

reference to similar fact evidence, character evidence, opinion
evidence, documentary evidence, witnesses, judicial notice and Cognitive 4
improper admission of evidence.

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 CLO4: Critically evaluate the rules of admissibility and weight of
proof with reference to similar fact evidence, character evidence,
opinion evidence, documentary evidence, witnesses, judicial
notice and improper admission of evidence. Cognitive 5

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 13 . Mapping of the Course Learning Outcomes to the Programme Learning Outcomes, Teaching Methods and Assessment:

Course Learning Programme Learning Outcomes (PLO) Teaching Methods Assessment Method
Outcomes (CLO)
(Must tally with CLOs in
item 12) P P P
P P P P P P P P P L L L
L L L L L L L L L O O O
O O O O O O O O O 1 1 1
1 2 3 4 5 6 7 8 9 0 1 2
CLO1 Lecture & Tutorial Final Exam/Mid Term/ Assignment/Tutorial
ü ü
CLO2 ü ü Lecture & Tutorial Final Exam/Mid - Term /Tutorial
CLO3 ü ü Lecture & Tutorial Final Exam/ Assignment/Tutorial
CLO4 Lecture & Tutorial Final Exam/ Assignment/Tutorial
ü ü
Indicate the relevancy between the CLO and PLO by ticking “ü” the appropriate relevant box
(This description must be read together with standards 2.1.2, 2.2.1, and 2.2.2 in Area 2 –
Total 4 4
pages 16 & 18 of COPPA 2.0)

14 . Transferable Skills:
Problem Solving and Scientific Skills

15 . Distribution of Student Learning Time (SLT)

Teaching and
Learning Activities
Guided Independent
Course Content Outline **CLO Guided Learning Learning Learning Total SLT
(F2F)* (NF2F)* (NF2F)*
*L *T *P *O

1. Similar Fact Evidence

Definition, General principles and elements
1 CLO1,CLO2,CLO3 &CLO4 4 2 2 4 12
to be satisfied for admission of similar fact
evidence

2. Character Evidence
Evidence ofgood character and bad
2 CLO1,CLO2,CLO3 &CLO4 4 2 2 4 12
character; General rule and exceptions to
the general rule in criminal and civil cases

3. Opinion Evidence
Expert opinion and Non-expert opinion
3 CLO1,CLO2,CLO3 &CLO4 4 2 2 4 12
evidence.Rules relating to the admissibility
of opinion evidence.

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 4. Documentary Evidence
Proof of existence of document, proof of
contents, definition of primary evidence,
definition of secondary evidence, proof of
documents by primary evidence,
4 admissibility of secondary evidence. Parole CLO1,CLO2,CLO3 &CLO4 4 2 2 4 12
evidence rule.Public documents. Computer generated
documents and other related evidence
under s.90A to s.90C Evidence Act 1950.

5. Witnesses Competence,
Compellability, Corroboration etc
Competency of a witness, compellability of
witnesses, credibility of witnesses and
5 privileges. Corroboration rules. CLO1,CLO2,CLO3 &CLO4 6 3 3 6 18
Examination in chief ,cross examination of
witnesses and impeachment. Impact of Sexual Offences
Against Children Act 2017 and s.32A Evidence Act 1950.

6. Judicial Notice
General Rule – All facts in issue and
relevant facts must be proved, Facts
6 judicially noticeable need not be proved, CLO1,CLO2,CLO3 &CLO4 2 1 1 2 6
Facts of which court must take judicial
notice, Facts admitted need not be proved

7. Improper Admission of Evidence

Effect of improper admission of evidence
7 CLO1,CLO2,CLO3 &CLO4 2 1 1 2 6
and principles there of.

Total SLT 78

SUMMATIVE ASSESSMENT
1. Continuous Assessment Percentage % Total SLT
Tutorial 10% 4
Mid Term Test 20% 5
Assignments 20% 10

Total SLT for Continuous Assessment 19

Total SLT
2. Final Assessment Percentage %
F2F ILT

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 Final Exam 50% 3 20
Total SLT for Final Assessment (F2F + NF2F) 23

Grand Total 100% 120

**Indicate the CLO based on the CLO’s numbering in Item 12.
*L= Lecture, *T= Tutorial, *P= Practical, *O= Others, F2F*= Face to Face, NF2F*= Non Face to Face

16 . Identify Special Requirement to Deliver the Course (e.g., software, nursery, computer lab, simulation room):NIL

17 . Main References:
1. A Paul, Evidence : Practice & Procedure(4th edn LexisNexis, Kuala Lumpur 2010).
2. J Pinsler, Evidence, Advocacy and the LitigationProcess ( 5th edn LexisNexis, Singapore 2015).
3.Hamid Sultan Abu Bakar :Janab’s Key To The Law of Evidence (4th edn,Janab,2014).

18 . Additional References:

1.Ratanlal & Dhirajlal, The Law of Evidence (26th edn Wadhwa & Co, New Delhi 2017 ) .
2.S Sarkar & VR Manohar, Sarkar on Evidence (17th edn Wadhwa & Co, New Delhi2010)
3.M Peters, Law of Evidence in Malaysia (LexisNexis, Malaysia, 2013)
4.A Keane, J Griffiths and P Mckeown, The Modern Law of Evidence 11th edn Oxford University Press, Oxford 2016).
5.C Tapper, Cross and Tapper On Evidence ( 12th edn Oxford University Press, Oxford 2010).
6.C Allen, Practical Guide to Evidence (5th edn Routledge-Cavendish, London 2015).
7.Jal Zabdi Mohd Yusoff, Pengenalan Undang –Undang Keterangan di Malaysia,( 4th edn Penerbit Universiti Malaya,Kuala Lumpur 2008).
8.Sarkar Law of Evidence, Malaysia Edition (LexisNexis, Malaysia, 2016)
Statutes
Evidence Act 1950
Criminal Procedure Code
Evidence of Child Witness Act 2007
Evidence (Amendment) Act 2012.
Evidence (Amendment) (No. 2) Act 2012.

Evidence (Amendment) Act 2017

Sexual Offences Against Children Act 2017

Note:
Cells shaded light grey contain formulas / fixed values. Edit these formulas only if needed.

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