LAW4651 - Comparative evidence law - 2018

This unit will provide a comparative survey of some of the modern principles of evidence. it will focus on the rights and obligations of the parties in the common law and civil law regimes. Some of the major concepts of evidence law will be examined including:

• the role of the parties in litigation
• burden of proof
• relevance and admissibility
• witnesses
• privileges
• the hearsay rule
• expert evidence
• documentary and real evidence.

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

1. Apply knowledge and understanding to the major general principles of evidence law as they apply to different legal jurisdictions, specifically Australia, Canada, the U.S. and some civilian jurisdictions with creativity and initiative to new situations for further learning;
2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the major differences and similarities of the evidence rules in the various jurisdictions;
3. Conduct research into the application and meaning of a number of specific rules of evidence by examining statute and case law from the various jurisdictions, 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 to the interaction of evidence law and related areas.

Class participation: 10%

Class presentation: 10%

Research paper (1500 words): 30%

Two hour open book exam: 50%

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information