Most fundamental principle of Evidence law

1.   Assignment

‘Relevance is the most fundamental principle of Evidence law, because no item of evidence will be deemed to be “admissible” unless it is “relevant” to an issue in the case’

(David Field Evidence for Common Law States (2nd ed, 2015, LexisNexis) 1).

Discuss this statement with reference to case law and any other relevant authorities. You must decide what topics call for discussion under this theme. But as a guideline you may accept that at least the following topics will need to be discussed:

2.1  The legal meaning of the concept ‘relevance’ and the ‘relevancy requirement’.

2.2  The interaction between the relevancy requirement and the concept ‘admissibility’ and the exclusionary rules. In other words, how does the relevancy requirement fit within the broad concept of admissibility?

2.3  The interaction between the relevancy requirement and rules regulating the evaluation or assessment of evidence.

2.4 Case law on the topic is of course an important source to be consulted.

Note: This short list is not exhaustive.

The word count for the paper is a maximum of 1 500 words, excluding footnotes. Please adhere to this limit.

2.   Literature

It is suggested that you commence by consulting your prescribed textbook, David Field & Kate Offer Western Australia Evidence Law (2015, LexisNexis) chapter 1. In addition you may look at Hemming & Layton Evidence Law in QLD, SA and WA (2017, Thomson Reuters) chapter 1. Case law on the topic is of course an important source to be consulted. The textbooks will direct you to the most important cases.

Factors to be taken into account in assessing the assignments include:

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Is the paper well structured?

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Have all relevant issues been identified and addressed?

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Does the answer show a clear understanding of the subject-matter?

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Is the reasoning in the paper logically coherent and are the conclusions sound?

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Is the application of relevant legal principles to the facts at hand sound?

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Are there sufficient and correct references to relevant case law and other authorities?

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Is the paper well written and technically well presented?

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Did the candidate keep to the word count?