Proof in Litigation

Subject 730-808 (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:

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


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: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

A/Prof Andrew Palmer
Subject Overview:

Objectives:

A candidate who has successfully completed the subject should:

  • Have developed advanced skills in the analysis of evidence
  • Have developed an enhanced ability to manage the evidential aspects of litigation
  • Have developed an enhanced ability to conduct effective case preparation
  • Be able to apply a systematic method for analysing and organising evidence as part of the process of preparing a matter for trial
  • Be able to identify the arguments to be used in a closing address, and the evidence that will need to be adduced in order for those arguments to be made
  • Be able to draft an Advice on Evidence
  • Be able to compile a Trial Book
  • Be able to demonstrate the achievement of these objectives in relation to a specific case.

Syllabus:

This subject presents a systematic method for analysing and organising the factual information in a brief or file as part of a lawyers preparation for trial. The method will be taught through its application to a hypothetical case file. While the focus is on trial preparation, application of the method to a matter is beneficial whether or not the matter ultimately proceeds to trial.

The steps to be covered include:

  • Introduction
  • Preliminaries
  • Chronologies
  • Investigation
  • Developing a case theory
  • Proving the theory
  • Arguing from and about evidence, including: Witnesses and other sources of evidence; relevance and the drawing of inferences; negative and missing evidence; and probative value and the standard of proof
  • Analysing for admissibility
  • Pulling it all together for trial.
Assessment:
  • Seminar participation (10%)
  • Take-home examination (90%) (11-14 April)
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: 730-808Proof in LitigationMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2008

Objectives:

A candidate who has successfully completed the subject should:

  • Have developed advanced skills in the analysis of evidence
  • Have developed an enhanced ability to manage the evidential aspects of litigation
  • Have developed an enhanced ability to conduct effective case preparation
  • Be able to apply a systematic method for analysing and organising evidence as part of the process of preparing a matter for trial
  • Be able to identify the arguments to be used in a closing address, and the evidence that will need to be adduced in order for those arguments to be made
  • Be able to draft an Advice on Evidence
  • Be able to compile a Trial Book
  • Be able to demonstrate the achievement of these objectives in relation to a specific case.

Syllabus:

This subject presents a systematic method for analysing and organising the factual information in a brief or file as part of a lawyers preparation for trial. The method will be taught through its application to a hypothetical case file. While the focus is on trial preparation, application of the method to a matter is beneficial whether or not the matter ultimately proceeds to trial.

The steps to be covered include:

  • Introduction
  • Preliminaries
  • Chronologies
  • Investigation
  • Developing a case theory
  • Proving the theory
  • Arguing from and about evidence, including: Witnesses and other sources of evidence; relevance and the drawing of inferences; negative and missing evidence; and probative value and the standard of proof
  • Analysing for admissibility
  • Pulling it all together for trial.
  • Seminar participation (10%)
  • Take-home examination (90%) (11-14 April)
N.A.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.A/Prof Andrew PalmerLawFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730808P12.500SummerNLawLaw730-808

Download PDF version.