1  Name of Course Law of Evidence II
2 Course Code LAC4213
3 Instructor
4 Rational for the Inclusion of the Course in the Programme LAC4213 is one of the core subjects for SMSU program. Students who are undertaking SMSU program are required to take this subject.  This course is a continuation from Law of Evidence I and its aims is to provide a more advanced understanding of the law of evidence in Malaysia by reference to the Malaysian Evidence Act 1950 (Act 56)
5 Semester and Year offered Semester 8 (Year 4)
6 Student Learning Time

Face to face Independent learning Formal Assessment Total
Teacher centered Student Centered Learning Non face to face Revision Assessment Preparation Continuous Assessment Final Exam
Lecture T O

 28

 18  10  10  46  5  5  3

 125

7 Credit Value 3 (125/40 = 3.12 )
8 Pre-requisite (if any) None
9 Learning outcomes At the end of this course, students are able to:

  1. Appreciate the relationship between the law of evidence and substantive law subjects; (LO1-CT4-K4)
  2. Gaining experience in applying the law of evidence to practical situations/ problems; (LO3-PS3-P5)
  3. Acquire and enhance transferable skills for effective learning and the application of the law of evidence. . (LO5-TS4-A5).
10 Transferable skills Since this subject is the continuation from law of evidence I, the students are expected to gain more knowledge and skills in area of law of evidence as provided under Malaysian Evidence Act 1950 (Act 56) and other relevant laws relates to it.  At the end, students should be able to develop good written and interpersonal communication, team work and leadership, problem solving through the process of lectures, tutorials and other activities that the instructor seem suitable.
11 Teaching-Learning and Assessment Strategy Teaching-learning strategy:

The course will be taught through a combination of formal lectures, exercises, group work, using authentic materials, informal activities and various textbooks. Practical experience and collaborative teamwork will be fostered throughout the course. The use of examination and internal reporting assessment will assess the student’s ability to apply theoretical concepts in context.

Assessment strategy:

  • Formative
  • Summative
12 Synopsis This course focuses on the legal framework on the law of evidence in Malaysia which comprises Malaysian Evidence Act 1950 (Act 56), Criminal Procedure Code (Act 593) & Rules of Court 2012. It will cover the main areas of documentary evidence, witnesses, and the concept of proof.
13 Mode of Delivery Lecture, tutorial, class discussion and presentation.
14 Assessment Methods and Types
No. Item Percentage
1. Continuous Assessment 40%
2. Final examination 60%
  Total 100%
15 Mapping of the Course Learning Outcome/Module to the Programme Learning Outcomes Refer to attachment
16 Content Outline and the SLT per Topic

Week Topic
1 Documentary evidence
2-3 Public and private documentary evidence as well presumption of ancient document
4 Computer generated document
5-6 Parol evidence rule
7-8 Presumptions and corroboration evidence
9-10 Estoppel and competency of a witness
11-13 Compellability and examinations of a witness
14 Burden and standard or proof
17 Main references
  1. Mariette Peters. (2013). Law of Evidence in Malaysia. Kuala Lumpur: LexisNexis Publication.
  2. Rafiah Salim and Cheong May Fong. (2013). Evidence in Malaysia and Singapore, Cases, Materials and Commentary. 3RD Edition. Kuala Lumpur: LexisNexis Publication
  3. S. Augustine Paul. (2010). Evidence: Practice & Procedure. 4TH Edition. Kuala Lumpur: LexisNexis Publication.
  4. Dr V Kesava Rao. (2009). Sir John Woodroffe and Syed Amir Ali’s Law of Evidence, 18TH Edition. Kuala Lumpur: LexisNexis Publication.
  5. Cross and Tapper. (2000). Evidence.  6TH Edition.  London: Butterworths.
18 Additional references
  1.   Muzaffar Syah Mallow. (2013). The Applicability of the Evidence Act 1950 in the Industrial Court: With Reference Sexual Harassment in the Workplace. Malaysia Labour Review, 27 – 39.
  2. Muzaffar Syah Mallow. (2011). Evidence to substantiate the allegations of Sexual Harassment in the Workplace. Malayan Law Journal, 1 – clii.
  3. Hamid Ibrahim. (1993). The Law of Evidence. Kuala Lumpur: Central Law Book Corporation Sdn. Bhd.
  4. Stephen J.F. (1904). A Digest of the Law of Evidence. New York: MacMillan & Co. Ltd.
  5. R.K. Nathan. (1993). A Practical Approach to Evidence in Malaysia and Singapore. Kuala Lumpur: Malaya Law Journal.

 

COURSE LEARNING OUTCOMES, DELIVERY AND ASSESSMENT TEMPLATE

Course Learning Outcomes Compliance to PO Teaching & Learning Activities (TLAs) Assessment Tasks (ATs)
 

PO1

LO1

PO2

LO2

PO3

LO3

PO4

LO4

PO5

LO5

PO6

LO6

PO7

LO7

PO8

LO8

PO9

LO9

   
  K CTPS CS TS EM LL     KK LS    
1-    Appreciate the relationship between the law of evidence and substantive law subjects; (LO1-CT4-K4) 3                 Classroom lecture and discussion Written test presentation
2-   Gaining experience in applying the law of evidence to practical situations/ problems; (LO3-PS3-P5)     3             Lecture, Tutorials and Presentation Instructor evaluation of the presentation
3-    Acquire and enhance transferable skills for effective learning and the application of the law of evidence. . (LO5-TS4-A5)         3         Assignments Instructor evaluation of the assignment