Faculty of Law

Postgraduate - Unit

This unit entry is for students who completed this unit in 2013 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

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6 points, SCA Band 3, 0.125 EFTSL

To find units available for enrolment in the current year, you must make sure you use the indexes and browse unit tool in the current edition of the Handbook.

FacultyFaculty of Law
OfferedNot offered in 2013


For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html


This unit will provide a comparative survey of some of the modern principles of evidence. It will focus on the right 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 unit,a student should be able to:

  • demonstrate a working knowledge and have a overview of the major general principles of evidence law as they apply to different legal jurisdictions,specifically Australia, Canada, the U.S and some Civilian jurisdictions;
  • understand and recognise some of the major differences and similarities of the evidence rules in the various jurisdictions;
  • demonstrate a critical appreciation of the application and meaning of a number of specific rules of evidence by examining statute and case law from the various jurisdictions; and
  • independently research and write a minor memorandum and an evidence topic.


Class participation: 10%; class presentation: 10%; research paper(2,250 words)30%; take home exam: 50%

Chief examiner(s)

Contact hours

Students will be required to attend 36 hours of seminars, and undertake approximately an additional 108 hours of private study, including reading, class preparation, and assignment preparation and revision time over the duration of the course.