Monash University Handbook 2010 Undergraduate - Unit

Synopsis

This unit involves a critical examination of

• the general principles and the rules of evidence and the use of evidence law as a method of ensuring fair trials:
• theoretical perspectives - reliability, libertarian, disciplinary principles, evidentiary law reform;
• rules and principles governing the proof of facts in civil and criminal trials;
• relevance and admissibility;
• kinds of evidence;
• competence and compellability;
• privilege;
• examination of witnesses
• disposition and character
• similar fact evidence;
• options of the accused;
• hearsay and exceptions to the rule;
• res gestae;
• confessions and admissions;
• illegally obtained evidence;
• corroboration;
• identification;
• opinion evidence.

Objectives

Upon completion of the unit, students will have an understanding of general evidentiary principles. In particular, they will have developed:

1. the ability to isolate principles that are fundamental to the criminal and civil process and the conduct of fair trials in the accusatorial system;
2. competence in the skills of problem solving, analysis and written communication;
3. the analytical and interpretive skills required to give advice in relation to evidence problems and the admissibility of particular items of evidence;
4. the practical skills of presenting legal arguments, advocacy and multi-issued problem resolution in a trial context.

Assessment

Assignment (2500 words): 35%
Examination (2 hours writing time plus 30 minutes reading and noting time): 65% OR Examination (3 hours writing time plus 30 minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week and one hour tutorial per fortnight

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW3300 or LAW3301 and LAW3302