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UNIVERSITI TEKNOLOGI MARA

COURSE INFORMATION
Confidential

Course Code

LAW578

Course Name
(English)

LAW OF EVIDENCE II APPROVED

Course Name (Malay)

UNDANG-UNDANG KETERANGAN II

MQF Level

6 - Bachelors Degree

SLT

121.5 Hours
Equivalent to 3 Credits
Face to Face: 63 Hours
Non Face to Face: 0 Hours
Student Preparation Time: 58.50 Hours

Pre-Requisite
Courses

No module recommendations

Co-requisite Courses

No co-requisite Courses listed

Equivalent Courses

LAW OF EVIDENCE II (LAW578)

Faculty Name : FACULTY OF LAW


Copyright Universiti Teknologi MARA

Start Year : 2014


Review Year : 2018

Course Learning Outcomes


At the end of the course, students should be able to:
1. Differentiate the role of evidence in the civil and criminal litigation process. ( C4 A3 P1 )
2. Describe the process of selecting, organising and presenting evidence. ( C1 A1 P1 C6 C2 )
3. Apply the rules of evidence in mock trials conducted in the Trial and Advocacy Course. ( C1 C4 C3 C2 )
4. Reproduce the knowledge on contemporary issues in the law of evidence. ( C1 P3 )

Course Description
The law, practice and procedure on evidence is crucial to the dispensation of justice. Evidence can be defined as a means
by which any alleged matter of fact, the truth of which is submitted to the investigation, is established or disproved. The
law of evidence compromises the legal rules regulating those means in a courtroom or tribunal setting. This course takes
an overview of the key areas of the law of evidence and then focuses on the issues of practical significance such the
preparation, organization and presentation of different types evidence and mechanism of proof. This course also
promotes the development of the critical thinking & problem-solving skills and ethics & moral professionalism in the area
of evidence law.
Syllabus Content
1. Evidence of opinion
Types of opinion (Section 45 of Evidence Act, 1950).
Expert Opinion
Who is an expert?
Competency of an expert..
Role of an expert.
Basis of experts opinion.
Conflicting expert opinion
Non-expert opinion
Opinion as to handwriting
Opinion as to existence of right or custom
Opinion as to usage and tenets
Opinion as to relationship
2. Character Evidence
Meaning.
What amounts to bad character?
What amounts to good character.
Admissibility in civil cases.
Admissibility in criminal cases.
3. Witnesses
Competency/compellability (Sections 118 120 of Evidence Act, 1950.
Deaf and mute witness.
Compellability/ Privilege.
Judicial privilege.
Privilege of communication during marriage.
Privilege of evidence of affairs of state.
Privilege of official communication.
Information as to commission of Offence
Privilege as to professional communication.
Confidential communication with legal advisers.
Privilege to production of document.
Interested witness
Accomplice
Child witness
Examination of witnesses
Impeaching a witness

Faculty Name : FACULTY OF LAW


Copyright Universiti Teknologi MARA

Start Year : 2014


Review Year : 2018

4. Corroboration
Compellability/ Privilege.
Judicial privilege.
Privilege of communication during marriage.
Privilege of evidence of affairs of state.
Privilege of official communication.
Information as to commission of Offence
Privilege as to professional communication.
Confidential communication with legal advisers.
Privilege to production of document.
5. Burden and standard of proof
Meaning-Sections 3, 101, 102 of Evidence Act 1950.
Burden and standard of proof in criminal cases.
Burden and standard of proof in civil cases.
Burden and standard of proof in specific cases.
Alibi
Section 105 of Evidence Act, 1950
Section 106 of Evidence Act, 1950.
Establishing a prima facie
6. Documentary evidence
Meaning
Primary and secondary
Public and private documents
Right of inspection
Proof of content of documents
Documents produced by computer
Parole evidence rule.
Teaching Methodologies
Field Trip
Inquiry-based Learning
Lectures
Tutorial
Assessment
Continuous
Assessment:

30.00%
Test - 15%
Test - 15%

Final Assessment:

70.00%
Final Examination - 70%
Duration : 180 minutes

Transferable Skills
Demonstrate ability to identify and articulate self skills, knowledge and understanding confidently and in a variety of
context. Demonstrate ability to communicate clearly and confidently and listen critically. Demonstrate practical and
contemporary knowledge of relevant professional ethical and legal frameworks. Demonstrate ability to apply creative,
imaginative and innovative thinking and ideas to problem solving. Demonstrate ability to investigate problems and provide
effective solutions.
Recommended Text

Faculty Name : FACULTY OF LAW


Copyright Universiti Teknologi MARA

Start Year : 2014


Review Year : 2018

Habibah Omar, Siva Barathi Marimuthu, Mazlina Mahali, Law of Evidence, Sweet & Maxwell, 2014, ISBN: n/a
n/a, Evidence Act 1950, n/a, ISBN: n/a
n/a, Criminal Procedure Code, n/a, ISBN: n/a
n/a, Penal Code, n/a, ISBN: n/a
n/a, Oath and Affirmation Act 1949, n/a, ISBN: n/a
n/a, Evidence of Child Witness Act 2007, n/a, ISBN: n/a
References

1. S. Paul, Augustine, Evidence: Practice and Procedure, Pelanduk Publications, ISBN: n/a
2. Datuk R.K Nathan, A Practical Approach to Evidence in Malaysia and Singapore, Butterworths Asia, ISBN: n/a

Faculty Name : FACULTY OF LAW


Copyright Universiti Teknologi MARA

Start Year : 2014


Review Year : 2018

UNIVERSITY TEKNOLOGI MARA

COURSE LEARNING OUTCOMES - MOE LEARNING OUTCOMES - SOFT SKILLS LEARNING OUTCOMES RELATIONSHIP MATRIX
COURSE CODE

LAW578

FACULTY / ACADEMY

FACULTY OF LAW

COURSE NAME (IN ENGLISH)

LAW OF EVIDENCE II

CREDIT UNIT

COURSE NAME (IN MALAY)

UNDANG-UNDANG KETERANGAN II

RESOURCE PERSON

MOHD YUNUS BIN ABU SAMAH

Course Learning Outcomes (CLO)

Achievement of MOHE Learning Outcomes


LO1

LO2

LO3

LO4

LO5

LO6

LO7

CLO1

Differentiate the role of evidence


in the civil and criminal litigation
process.
( A3 , C4 , P1 )

CLO2

Describe the process of


selecting, organising and
presenting evidence.
( C2 , C1 , A1 , C6 , P1 )

CLO3

Apply the rules of evidence in


mock trials conducted in the
Trial and Advocacy Course.
( C2 , C1 , C4 , C3 )

CLO4

Reproduce the knowledge on


contemporary issues in the law
of evidence.
( C1 , P3 )

MinistryofEducationLearningOutcomes
i. Knowledge
ii. Practical Skills
iii. Thinking and Scientific Skills
iv. Communication Skills
v. Social skills, Teamwork and Responsibilities
vi. Values, Ethics, Moral and Professionalism
vii. Information Management and Life Long Learning
viii. Management and Entrepreneurship
ix. Leadership Skills

Faculty Name : FACULTY OF LAW


Copyright Universiti Teknologi MARA

Achievement of Soft Skills Learning Outcomes


LO8

LO9

SS1

SS2

SS3

SS4

SS5

SS6

SS7

SoftSkillsLearningOutcomes
i. Critical Thinking and Problem-solving Skills
ii. Communication Skills
iii. Team Skills
iv. Ethics & Moral Professionalism
v. Life-long Learning & Information Management
vi. Entrepreneurial Skills
vii. Leadership Skills

Start Year : 2014


Review Year : 2018

UNIVERSITY TEKNOLOGI MARA

COURSE LEARNING OUTCOMES - TAXONOMY LEVELS


COURSE CODE

LAW578

FACULTY / ACADEMY

FACULTY OF LAW

COURSE NAME (IN ENGLISH)

LAW OF EVIDENCE II

CREDIT UNIT

COURSE NAME (IN MALAY)

UNDANG-UNDANG KETERANGAN II

RESOURCE PERSON

MOHD YUNUS BIN ABU SAMAH

COGNITIVE

PSYCHOMOTOR

AFFECTIVE

COURSE OUTCOMES
C1

C2

Differentiate the role of evidence in the


civil and criminal litigation process.
( A3 , C4 , P1 )

Describe the process of selecting,


organising and presenting evidence.
( C2 , C1 , A1 , C6 , P1 )

Apply the rules of evidence in mock trials


conducted in the Trial and Advocacy
Course.
( C2 , C1 , C4 , C3 )

Reproduce the knowledge on


contemporary issues in the law of
evidence.
( C1 , P3 )

Faculty Name : FACULTY OF LAW


Copyright Universiti Teknologi MARA

C3

C4

C5

C6

P2

P3

P4

P5

P6

P7

A1

P1

A2

A3

A4

A5

Start Year : 2014


Review Year : 2018

UNIVERSITY TEKNOLOGI MARA

COURSE OUTCOMES
COURSE CODE

LAW578

FACULTY / ACADEMY

FACULTY OF LAW

COURSE NAME (IN ENGLISH)

LAW OF EVIDENCE II

CREDIT UNIT

COURSE NAME (IN MALAY)

UNDANG-UNDANG KETERANGAN II

RESOURCE PERSON

MOHD YUNUS BIN ABU SAMAH

ACHIEVEMENT OF MOE LEARNING OUTCOMES


COURSE LEARNING OUTCOMES

TEACHING METHODOLOGY
LO1

LO2

LO3

LO4

LO5

LO6

LO7
/

Differentiate the role of evidence in the civil


and criminal litigation process.

Describe the process of selecting, organising


and presenting evidence.

Apply the rules of evidence in mock trials


conducted in the Trial and Advocacy Course.

Reproduce the knowledge on contemporary


issues in the law of evidence.

Faculty Name : FACULTY OF LAW


Copyright Universiti Teknologi MARA

LO8

ASSESSMENT

LO9
Lecture
Tutorial
Discussion

Test
Test
Final Examination

Lecture
Tutorial
Discussion

Test
Test
Final Examination

Lecture
Tutorial
Discussion

Test
Test
Final Examination

Lecture
Tutorial
Discussion

Test
Test
Final Examination

Start Year : 2014


Review Year : 2018