Monash University Handbook 2010 Postgraduate - Unit

Synopsis

This subject will give students a thorough understanding of the fundamental principles and concepts underlying the law of evidence, both State and Federal, together with an appreciation of the relationship between the law of evidence and the nature of a civil or criminal trial in the Australian legal system. Students will examine key concepts of the law of evidence in the context of the purposes of exclusionary rulesl. The subject will examine the role of technology in the trial court and the issues raised by its use for litigants and the court itself. The subject will also provide a brief introduction to the principles of evidence as applied in the courts of other jurisdictions.

Objectives

On completion of this subject students will have:

1. acquired a thorough understanding of the rules and principles of the law of evidence;
2. developed the ability to analyse a case or factual situation and determine what evidence may be required and what evidence may be admissible;
3. acquired the ability to analyse the weight and probative value of differing forms of available evidence;
4. acquired the ability to distinguish, where applicable, between evidence which may be lead in courts in different Australian jurisdictions;
5. acquired a familiarity with the principles of the law of evidence applicable in foreign jurisdictions;
6. further developed skills in caselaw analysis and statutory interpretation.

Assessment

Memorandum of Advice requiring students to provide detailed advice on issues of evidence arising in a civil or criminal trial: 30%; Final Examination: 70%

Chief examiner(s)

Professor Bob Williams (Trimester 1)
Associate Professor Jonathan Clough (Trimester 3)

Contact hours

2 hour seminar per week x 12 weeks

Prerequisites

LAW7212 and LAW7264

Prohibitions

LAW5159