PLE351 - Evidence and the Litigation Process

Outline information
Semester
Schools offering this subject
Last revision date 2023-10-02 00:14:39.375
Last review date 2023-12-04 00:15:03.667

Subject Title
Evidence and the Litigation Process

Subject Description
Students learn the basic principles of the law of evidence and techniques for its introduction in the hearing process. They are first introduced to the general procedure by which a case reaches the criminal and civil courts and the trial process. They examine the various forms and purpose of seeking admissibility of evidence; the exceptions to the rules of general admissibility; the evidentiary rules relating to the testimony of witness and the introduction of real and demonstrative evidence.

Credit Status
This is a credit subject applicable towards the Paralegal Diploma Program offered through the School of Legal, Public, and Office Administration.

Learning Outcomes
Upon successful completion of this subject the student will be able to:

1.     Describe the adversarial process, the role of judges, counsel, and affected parties

2.     Explain the legal burden of proof in criminal matters, civil matters and before administrative tribunals

3.     Define the major procedural steps in different kinds of litigation, from commencement to appeals, naming parties, representative parties, disclosure, applications, motions and other pretrial matters, sequence of proceedings, trial process, costs and sentencing submissions, and post-judgment procedures and appeals

4.     Given a set of facts about a hearing and an order, explain whether any basis for appeal exists

5.     Explain the basic rules regarding admissibility (e.g., relevance, materiality, weight, prejudicial effect and probative value)

6.     Apply statutory and common law rules of evidence to a set of facts to determine basic admissibility

7.     Determine whether proposed evidence should be allowed or disallowed as an exception to the basic rules (e.g., improperly obtained, privilege, hearsay, lay opinion, expert opinion)

8.     Categorize evidence as testimonial, documentary, real evidence; direct and circumstantial; character and opinion; similar fact evidence, admissions, or confessions

9.     Describe situations in which expert testimony is permitted and the statutory requirements to use an expert's testimony

10.   Describe the process of compelling witnesses

11.   Assess potential problems in preparing and presenting evidence at a hearing

12.   Analyze a problem in the law of evidence by summarizing and evaluating a reported case that addresses a recent, contentious, evidentiary issue or issues.

13.   Develop an attitude of professionalism, as evidenced by an ability to meet deadlines, complete assignments and perform tests and in-class assignments as scheduled

Essential Employability Skills

    •  Communicate clearly, concisely and correctly in the written, spoken and visual form that fulfils the purpose and meets the needs of the audience.

    •  Respond to written, spoken, or visual messages in a manner that ensures effective communication.

    •  Execute mathematical operations accurately.

    •  Apply a systematic approach to solve problems.

    •  Use a variety of thinking skills to anticipate and solve problems.

    •  Locate, select, organize, and document information using appropriate technology and information systems.

    •  Analyze, evaluate, and apply relevant information from a variety of sources.

    •  Show respect for diverse opinions, values, belief systems, and contributions of others.

    •  Interact with others in groups or teams in ways that contribute to effective working relationships and the achievement of goals.

    •  Manage the use of time and other resources to complete projects.

    •  Take responsibility for one's own actions, decisions, and consequences.

Academic Integrity
Seneca upholds a learning community that values academic integrity, honesty, fairness, trust, respect, responsibility and courage. These values enhance Seneca's commitment to deliver high-quality education and teaching excellence, while supporting a positive learning environment. Ensure that you are aware of Seneca's Academic Integrity Policy which can be found at: http://www.senecapolytechnic.ca/about/policies/academic-integrity-policy.html Review section 2 of the policy for details regarding approaches to supporting integrity. Section 2.3 and Appendix B of the policy describe various sanctions that can be applied, if there is suspected academic misconduct (e.g., contract cheating, cheating, falsification, impersonation or plagiarism).

Please visit the Academic Integrity website http://open2.senecac.on.ca/sites/academic-integrity/for-students to understand and learn more about how to prepare and submit work so that it supports academic integrity, and to avoid academic misconduct.

Discrimination/Harassment
All students and employees have the right to study and work in an environment that is free from discrimination and/or harassment. Language or activities that defeat this objective violate the College Policy on Discrimination/Harassment and shall not be tolerated. Information and assistance are available from the Student Conduct Office at student.conduct@senecapolytechnic.ca.

Accommodation for Students with Disabilities
The College will provide reasonable accommodation to students with disabilities in order to promote academic success. If you require accommodation, contact the Counselling and Accessibility Services Office at ext. 22900 to initiate the process for documenting, assessing and implementing your individual accommodation needs.

Camera Use and Recordings - Synchronous (Live) Classes
Synchronous (live) classes may be delivered in person, in a Flexible Learning space, or online through a Seneca web conferencing platform such as MS Teams or Zoom. Flexible Learning spaces are equipped with cameras, microphones, monitors and speakers that capture and stream instructor and student interactions, providing an in-person experience for students choosing to study online.

Students joining a live class online may be required to have a working camera in order to participate, or for certain activities (e.g. group work, assessments), and high-speed broadband access (e.g. Cable, DSL) is highly recommended. In the event students encounter circumstances that impact their ability to join the platform with their camera on, they should reach out to the professor to discuss. Live classes may be recorded and made available to students to support access to course content and promote student learning and success.

By attending live classes, students are consenting to the collection and use of their personal information for the purposes of administering the class and associated coursework. To learn more about Seneca's privacy practices, visit Privacy Notice.