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.
The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).
Not offered in 2019
For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates
Previously coded as LAW7651
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;
- the hearsay rule;
- expert evidence; and
- documentary and Real evidence.
On completion of this unit, a student should be able to:
- 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;
- 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;
- 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; and
- 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(2,250 words)30%; take home exam: 50%
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.