LAW7281 - The expert witness in the adversary system
6 points, SCA Band 3, 0.125 EFTSL
Postgraduate Faculty of Law
Leader(s): Professor George Hampel/Mr Randall Kune
Offered
City (Melbourne) First semester (extended) 2009 (DE-ONLINE)
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:
- compare and contrast the adversary and inquisitorial systems;
- explain the court structure, trial process and role of the legal profession;
- identify the ethical rules imposed on lawyers and expert qitnesses by the courts and their profession;
- explain the rules of evidence relating to the giving of expert evidence;
- 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.