Using mock voir dires to assess the law of evidence

As an adjectival subject, the Law of Evidence stands apart from other law modules. Its procedural nature makes it both fascinating and challenging for students. More than other law subjects, the trial itself is at the heart of the study of the Law of Evidence. At its core it is concerned with the manner in which a case is presented at trial. It makes sense then, it is argued, to incorporate experiential learning, focused on evidential arguments which might be made at trial, within the assessment of this module. This chapter outlines the author’s experience of assessing the Law of Evidence by way of mock voir dires, wherein students act as counsel for prosecution or defence arguing either for the admission or exclusion of certain evidential material. The author reflects on a number of specific benefits and challenges posed by the mock voir dire assessment, for both students and lecturer alike, and uses surveys completed by students being assessed in this manner in Spring 2018 as a qualitative illustration of the issues arising