units

LAW7281

Faculty of Law

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Monash University

Monash University Handbook 2011 Postgraduate - Unit

6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) First semester (extended) 2011 (DE-ONLINE)
Coordinator(s)Professor The Hon. George Hampel QC; Mr Randall Kune

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.

Unit 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 unit 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

The unit 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.

Chief examiner(s)

Professor George Hampel

Prerequisites

Must be enrolled in Graduate Certificate of Forensic Studies.

Co-requisites

LAW7282.