LAW5159 - Evidence 506

Leader(s): Bob Williams (Semester One); Jonathan Clough (Semester Two)

Offered

Clayton First semester 2009 (Day)
Clayton Second semester 2009 (Day)

Synopsis

This unit 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.

Objectives

Upon completion of the unit, students will have an understanding of general evidentiary principles. In particular, they will have developed:

1. the ability to isolate principles that are fundamental to the criminal and civil process and the conduct of fair trials in the accusatorial system;
2. competence in the skills of problem solving, analysis and written communication;
3. the analytical and interpretive skills required to give advice in relation to evidence problems and the admissibility of particular items of evidence;
4. the practical skills of presenting legal arguments, advocacy and multi-issued problem resolution in a trial context.

Assessment

Assignment (2500 words): 35%
Examination (2 hours writing time plus 30 minutes reading and noting time): 65% OR Examination (3 hours writing time plus 30 minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week and one hour tutorial per fortnight

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW3300 or LAW3301 and LAW3302