Proof in Litigation

Subject LAWS70178 (2010)

Note: This is an archived Handbook entry from 2010.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2010:

April, Parkville - 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: The total class time is between 24 and 26 hours.
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject.
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Coordinator

Assoc Prof Andrew Palmer

Contact

For the most up-to-date information about this subject, contact the Melbourne Law Masters Office by email at law-masters@unimelb.edu.au or phone 8344 6190 or alternatively visit the subject website: www.masters.law.unimelb.edu.au
Subject Overview:

This subject presents a systematic method for analysing and organising the factual information in a brief or file as part of a lawyer's 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, probative value and the standard of proof
  • Analysing for admissibility
  • Pulling it all together for trial.
Objectives:

A student who has successfully completed this 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.
Assessment:

Class participation (10%)
Take-home examination (90%) (28-31 May)
Prescribed Texts: Visit the subject website for more information
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Visit the Melbourne Law Masters website for more information about this subject.
Links to further information: http://www.masters.law.unimelb.edu.au/

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