LAW7040

Current issues in evidence ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: Associate Professor Sue McNicol (Justice M. Weinberg of the Federal Court and Justice F. Vincent of the Victorian Court of Appeal will also participate in part of the unit).

Offered:
Not offered in 2005.

Synopsis: This unit will analyse at least six areas of current interest in evidence law. In 2003, a major theme of the course will be the law of privilege: in particular recent changes at common law and under statute to the doctrine of legal professional privilege and the doctrine of waiver of privilege. Further, the course will analyse the Commonwealth government's codification of the law of evidence for use in Federal Courts.

Objectives: On completion of this subject students should (1) understand the theoretical and practical obstacles to judicial proof of selected issues; (2) be able to identify; comprehend and discuss concepts of relevance, admissibility, probative value, prejudicial risk and facts in issue; (3) be equipped to undertake an analysis of a multi-issued problem, to identify relevant issues and to apply and comprehend exclusionary rules of evidence; and (4) be able to analyse critically the underlying issues in the adversary system of the disciplinary, protective and reliability principles and the concept of a fair trial.

Assessment: Either research assignments (3,500 words): 45% + Take-home examination (3,500 words): 45% + Class participation: 10% OR Two research assignments (3,500 words each), each worth 45% = total 90% + Class participation: 10%

Contact Hours: One 2-hour seminar per week