Evidence 530
Associate Professor S B McNicol
30 points * Three 1-hour lectures per week * Full-year subject * Clayton
This subject is concerned with the rules and principles which govern the proof of the facts in issue in a civil or criminal trial. Every system of law develops its own evidentiary rules; while in English law some of these appear to be quite arbitrary, most of them seek to compel the parties to litigation to concentrate on the proof (or disproof) of the essential matters at issue between them. Others, however, reflect or enshrine values considered fundamental to a just system of legal administration. The following topics will be dealt with: relevance and admissibility, kinds of evidence (eg circumstantial evidence and identification evidence), competence and compellability of witnesses, burdens and standards of proof, privilege, the examination of witnesses, character evidence, similar fact evidence, the accused as a witness, real evidence, documentary evidence, opinion evidence and prior determinations, the rule against hearsay and its exceptions with special emphasis on confessions in criminal cases, illegally obtained evidence, res gesta and corroboration.
Assessment
Class test (70 minutes): 20% * Terminal examination (3.5 hours): 80%
Prescribed texts
Evidence Act 1958 (Vic.) as amended to date
Crimes Act 1958 (Vic.) as amended to date
Waight P K and Williams C R Cases and materials on evidence 3rd edn, Law Book, 1990