Evidence and Proof

Subject 730-457 (2008)

Note: This is an archived Handbook entry from 2008. Search for this in the current handbook Search for this in the current handbook

Credit Points: 12.500
Level: Undergraduate
Dates & Locations:

This subject has the following teaching availabilities in 2008:

Summer Term, - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable

Semester 1, - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable

Evidence and Proof will be taught intensively over the summer semester

Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: Three hours per week
Total Time Commitment: Estimated total time commitment of 144 hours.
Prerequisites: Legal Method and Reasoning or equivalent.
Corequisites: None
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements:

For the purposes of considering request for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Student Support and Engagement Policy, academic requirements for this subject are articulated in the Subject Overview, Learning Outcomes, Assessment and Generic Skills sections of this entry.

It is University policy to take all reasonable steps to minimise the impact of disability upon academic study, and reasonable adjustments will be made to enhance a student's participation in the University's programs. Students who feel their disability may impact on meeting the requirements of this subject are encouraged to discuss this matter with a Faculty Student Adviser and Student Equity and Disability Support: http://services.unimelb.edu.au/disability

Coordinator

Associate Prof A Palmer/Dr J Gans
Subject Overview:

This subject is concerned with the way that lawyers analyse facts, and also with the legal rules that apply to their admissibility as items of evidence in legal cases. The subject deals with the factual analysis of evidence including formulating a theory of the case; describing the inferences relied upon; and assessing the quality of proof. It also deals with central topics in the law of evidence, including relevance and discretionary exclusion; hearsay; the exclusionary rule and exceptions to the rule; opinion evidence; credibility evidence; evidence of other misconduct by the defendant; criminal investigation; and admissions

Assessment: A take-home examination of 5000 words, 100%. In semester version, to be held from Thursday of Week 11 of semester through to the Monday of Week 12 due at 11.00am. The Summer Semester 2008 Take Home Exam can be picked up from the Student Centre at 2pm on Thursday 28th February and should be submitted to that office by 9.30am on Monday 3rd March.
Prescribed Texts: Proof and the Preparation of Trials (A Palmer), Lawbook Co, 2003 Australian Principles of Evidence (J Gans and A Palmer), 2nd edn, Cavendish, 2004 NOTE: Students are required to obtain both texts.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills:

On completion of this subject students should have further developed the following generic skills:

  • cognitive, analytic and problem-solving skills, in particular:
  • o skills of factual analysis
  • o logic and informal reasoning
  • o skills in applying the law of evidence to diverse and complex factual situations
  • ability and self-confidence to comprehend complex concepts, to express them lucidly, whether orally or in writing, and to confront unfamiliar problems
  • capacity for independent critical thought, rational inquiry and self-directed learning
  • extensive knowledge of the discipline of law, including legal knowledge and skills
Related Course(s): Bachelor of Music and Bachelor of Laws

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