LAW5430 - Advanced evidence and proof in litigation - 2017

Students will learn advanced evidence skills in the trial context, in particular, practical skills of factual analysis, reasoning, methods of analysing and marshalling evidence and problem-solving, and constructing, criticising & evaluating complex arguments. The syllabus will cover: advanced research, analysis and practical application in the trial context of a selection of some of the more complex and contested rules of evidence; where skills of analysis for proof & argument are required in litigation; methods, formats and uses for chronologies; how to argue from and about evidence; developing a case theory and matching evidence to the theory; and mapping arguments to support case theory and evidence. The class will include examination of case studies which will be used to emphasise the transferable nature of the skills of factual analysis and argument taught in the unit across all areas of law.

On completion of this unit, students will be able to:

1. Apply knowledge of, and understanding of advanced methodologies for investigation and case analysis, trial preparation, proof and argument at trial with creativity and initiative to new situations in professional practice
2. Investigate, analyse and synthesise methods of factual proof according to some of the more complex and contested issues of evidence law applicable in Victoria
3. Conduct applied research to identify and evaluate practical difficulties in the gathering and presentation of evidence and evidentiary argument in Victorian courts based on knowledge of appropriate research principles and methods
4. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to evidence and proof in litigation, including how miscarriages of justice can be prevented by proper analysis and preparation.

Where unit is run as semester long or semi-intensive unit:

Online quizzes (20%)

Class Presentation (10%)

Class test (30%)

Take-home examination (40%)

Where unit is run as an intensive:

Online quizzes (20%)

Class Presentation (20%)

Take-home examination (60%)

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering.

Ms Nicole Mollard Personal ProfilePersonal Profile (http://www.law.monash.edu.au/staff/postgraduate/sess-nmollard.html)

LAW5012 Principles of evidence or equivalent.