LAW5161

Advanced evidence 506 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader:

Offered:
Not offered in 2005.

Synopsis: The subject involves an examination of selected contemporary problems in evidence. It is designed to give students the opportunity of studying in detail particular themes relating to proof of facts in the forensic context which themes are not covered, or are dealt with only in outline, in Evidence LAW5159. A particular focus of the course will be the Commonwealth Government's Codification of the Law of Evidence for use in Federal Courts. This codification is embodied in the Evidence Act 1995 (Cth). The background of this Act is contained mainly in the recommendations of the Australian Law Reform Commission contained in its 1987 report, Evidence (ALRC 38).

Objectives: Upon completion of this subject students will have an indepth understanding of the rules and principles governing the proof of facts in issue in a trial. In particular, they will have developed: 1) an understanding of the rules of evidence which apply in Federal Courts; 2) an understanding of the legal and policy issues involved in reforming and codifying the law of evidence; 3) an understanding of the general principles of freedom of proof, relevance, admissibility and discretion as a context for the study of the obstructive and exclusionary rules of evidence which impede the ascertainment of truth in civil and criminal trials; 4) capacity to undertake research in areas of policy and reform and 5) improved capacity in the skills of problem solving, analysis and written communication.

Assessment: Final examination: 100% OR Research assignment (3000 words): 40% + Final examination: 60%

Contact Hours: Three 1-hour lectures per week

Prerequisites: LAW1100 Legal Process, LAW5159 Evidence