Expert Evidence

Subject 730-688 (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: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2008:

Semester 2, - 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


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidate's background and experience.
Prerequisites: Prerequisite

Prior study in evidence law or equivalent is recommended
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Dr Jeremy Gans, Prof David Caudill
Subject Overview:

Objectives:

A candidate who has successfully completed the subject should:

  • Appreciate the current controversies concerning the reception of expert evidence in Australian courts
  • Have a working knowledge of the major rules of evidence that regulate the evidence of experts (at common law and under the uniform evidence legislation)
  • Be aware of important comparative developments in the law of expert evidence
  • Be able to reflect upon the relationship between the courts, professional experts and the scientific community at an advanced level.

Syllabus:

The subject is primarily a detailed examination of the law and policy of the regulation of expert evidence in Australia, as well as comparative and reform movements of likely significance to Australia in the future, notably developments in the United States.

Principal topics will include:

  • The legal framework for regulating expert evidence
  • Debate and controversies about expertise
  • The admissibility of expert testimony
  • Restrictions on the conduct of experts
  • Use of expert evidence inside and outside courtrooms.

The above topics will be illuminated through the study of specific instances of expert evidence, conduct and regulation that have prompted change, reform or controversy in Australia or other countries, especially the US.
Assessment:
  • Take-home examination (100%) (22-25 August)
    or
  • Research paper 10,000 words (100%) (2 October) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 730-688Expert EvidenceMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2008

Objectives:

A candidate who has successfully completed the subject should:

  • Appreciate the current controversies concerning the reception of expert evidence in Australian courts
  • Have a working knowledge of the major rules of evidence that regulate the evidence of experts (at common law and under the uniform evidence legislation)
  • Be aware of important comparative developments in the law of expert evidence
  • Be able to reflect upon the relationship between the courts, professional experts and the scientific community at an advanced level.

Syllabus:

The subject is primarily a detailed examination of the law and policy of the regulation of expert evidence in Australia, as well as comparative and reform movements of likely significance to Australia in the future, notably developments in the United States.

Principal topics will include:

  • The legal framework for regulating expert evidence
  • Debate and controversies about expertise
  • The admissibility of expert testimony
  • Restrictions on the conduct of experts
  • Use of expert evidence inside and outside courtrooms.

The above topics will be illuminated through the study of specific instances of expert evidence, conduct and regulation that have prompted change, reform or controversy in Australia or other countries, especially the US.

  • Take-home examination (100%) (22-25 August)
    or
  • Research paper 10,000 words (100%) (2 October) (topic approved by the subject coordinator)
Prerequisite

Prior study in evidence law or equivalent is recommended

N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidate's background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Dr Jeremy Gans, Prof David CaudillLawFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730688P12.500Semester 2NLawLaw730-688

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