Advanced Evidence

Subject 730-686 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points:
Level: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2009:

October, - 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 candidates background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Assoc Prof Andrew James Palmer
Subject Overview:

Objectives:

A student who has successfully completed this subject should:

  • Have an enhanced understanding of the role played by the law of evidence in dispute resolution, and the distinctive features of the common law approach to proof
  • Have a good understanding of the scope and operation of the Evidence Act 1995 (Cth)
  • Be able to identify the factual, legal and policy issues associated with each of the categories of evidence selected for study
  • Be able to analyse such evidence from a factual, legal and policy perspective, at an advanced level.

Syllabus:

This subject is primarily based on a detailed examination of several different categories and rules of evidence that are of current concern or that are, or have been, the focus of reform. Throughout this subject, that examination is located in the context of legal practice, with cases being selected from a variety of different areas of legal practice.

Principal topics will include:

  • The common law approach to proof, including a comparison with the civil law Hearsay and documentary evidence
  • Privilege and immunity
  • Expert evidence
  • The admissibility of a number of additional categories of evidence in both civil and criminal proceedings, including:
    • Missing evidence
    • Tendency and coincidence evidence
    • Illegally and improperly obtained evidence.

 
Assessment:
  • Seminar participation (10%)
     
  • Take-home examination (90%) (4–7 December)

    or

    Research paper 10,000 words (90%) (21 January 2010) (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: 730-686Advanced EvidenceMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2009P

Objectives:

A student who has successfully completed this subject should:

  • Have an enhanced understanding of the role played by the law of evidence in dispute resolution, and the distinctive features of the common law approach to proof
  • Have a good understanding of the scope and operation of the Evidence Act 1995 (Cth)
  • Be able to identify the factual, legal and policy issues associated with each of the categories of evidence selected for study
  • Be able to analyse such evidence from a factual, legal and policy perspective, at an advanced level.

Syllabus:

This subject is primarily based on a detailed examination of several different categories and rules of evidence that are of current concern or that are, or have been, the focus of reform. Throughout this subject, that examination is located in the context of legal practice, with cases being selected from a variety of different areas of legal practice.

Principal topics will include:

  • The common law approach to proof, including a comparison with the civil law Hearsay and documentary evidence
  • Privilege and immunity
  • Expert evidence
  • The admissibility of a number of additional categories of evidence in both civil and criminal proceedings, including:
    • Missing evidence
    • Tendency and coincidence evidence
    • Illegally and improperly obtained evidence.

 

  • Seminar participation (10%)
     
  • Take-home examination (90%) (4–7 December)

    or

    Research paper 10,000 words (90%) (21 January 2010) (topic approved by the subject coordinator)
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 candidates background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Assoc Prof Andrew James PalmerLawLawNNNNParkvillePARKVILLEFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730686730-6862October

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