LAW5308 - Current issues in evidence - 2019

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Not offered in 2019

Notes

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

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7040

Synopsis

On January 1, 2010 the Evidence Act 2008 (Vic) came into operation. The Act introduces a reformed version of the uniform evidence acts presently in operation federally and in New South Wales and Tasmania into Victoria. The Act is based upon recommendations made by the Victorian Law Reform Commission in its 2005 report. The Act both codifies and changes in fundamental fashion the previous law of evidence in Victoria. This unit will analyse changes brought about by the Act. At least six discrete areas of current interest in evidence law will be the subject of particular focus.

Outcomes

On completion of this subject students should:

  1. possess a critical understanding of selected issues raised by the introduction of uniform evidence legislation in Victoria;
  2. understand the theoretical and practical obstacles to judicial proof of selected issues;
  3. be able to identify; comprehend and discuss concepts of relevance, admissibility, probative value, prejudicial risk and facts in issue; and
  4. Be able to analyse critically the underlying issues in the adversary system of the disciplinary, protective and reliability principles and the concept of a fair trial.

Assessment

Either research assignments (3,750 words): 50%

Moor Court participation: 40%

Class presentation: 10%

Workload requirements

24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements).