LAW5159

Evidence 506

(LAW)

Professor CR Williams/Dr Mirko Bagaric

6 points + Three 1-hour lectures per week + First or second semester + Clayton + Prohibited combination: LAW5204

Synopsis: This subject involves a critical examination of the general principles and the rules of evidence and the use of evidence law as a method of ensuring fair trials. Theoretical perspectives - reliability, libertarian, disciplinary principles; evidentiary law reform. Rules and principles governing the proof of facts in civil and criminal trials. Relevance and admissibility. Kinds of evidence. Competence and compellability. Privilege. Examination of witnesses. Disposition and character. Similar fact evidence. Options of the accused. Hearsay and exceptions to the rule. Res gestae. Confessions and admissions. Illegally obtained evidence. Corroboration. Identification. Opinion evidence.

Assessment: Optional research assignment (3000 words): 40% + Final examination (2 hours plus 10 minutes reading time): 60% OR Final examination (3 hours plus 10 minutes reading timne): 100%