Problems of proof 700
Associate Professor S McNicol
One 2-hour seminar weekly over 13 weeks * First semester
This one-semester subject involves an examination of problematical aspects of the law of evidence. The major focus is upon problems of proof which arise in the context of criminal trials. However, participants are encouraged to examine any approved topic and the subject may include seminars on evidentiary problems arising in civil and tribunal proceedings. Where relevant, critical analysis of the issues will include reform proposals and recent legislation. The main objectives of the subject are twofold: to enable (a) all candidates to gain an appreciation of theoretical and pragmatic obstacles to judicial proof of selected issues; and (b) each candidate to explore and demonstrate a comprehensive analysis of at least one such issue. To this end, one seminar of two hours duration will be held each week during the semester period. The seminar emphasis will be on group discussion; each candidate leading one portion of a selected session. Core assessment will be by way of a substantial research paper on a topic (as approved) selected by the candidate.
Assessment
Written research assignment (4000 words): 40% * Terminal examination (3.5 hours): 60%