LAW5159

Evidence 506 (6 points)

(LAW)

Leader: Professor Bob Williams/Mr Jonathan Clough

Offered:
Clayton First semester 2003 (Day)
Clayton Second semester 2003 (Day)
Clayton First semester 2004 (Day)
Clayton Second semester 2004 (Day)

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 (2500 words): 35% + Final examination (2 hours plus 30 minutes reading and noting time): 65% OR Final examination (3 hours plus 30 minutes reading and noting time): 100%

Contact Hours: Three hours of lectures per week and one 1-hour tutorial per fortnight.

Prerequisites: LAW3300