Leader: Professor George Hampel/Mr Randall Kune

Offered

City (Melbourne) First semester 2008 (On-campus block of classes)

Synopsis

Overview of the adversary and inquisitorial systems

Role of the expert witness within the adversary system

Important and unique position of the expert witness

The legal and ethical context of expert evidence.

Subject topics:

The Nature of the Adversary System

The Trial Process

Basic Rules of Evidence

Legal and other Professional Ethics

Rules of Expert Evidence

Evaluation of Expert Evidence

Introduction to Preparation for Trial

Law reform and future directions

Objectives

At the successful completion of this subject the student should be able to:

1. compare and contrast the adversary and inquisitorial systems;
2. explain the court structure, trial process and role of the legal profession;
3. identify the ethical rules imposed on lawyers and expert qitnesses by the courts and their profession;
4. explain the rules of evidence relating to the giving of expert evidence;
5. identify areas of current law reform and likely future directions.

Assessment

This Subject will be assessed as Pass or Fail only and no grades will be allocated.

There will be ongoing assessment including reflective activities, case studies, assignments and a final assessment task. Participation in the online discussion group will also be required but will not be assessed.

Prerequisites

Must be enrolled in Graduate Certificate of Forensic Studies.

Co-requisites

LAW7282.