730-457 Evidence and Proof

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730-457 Evidence and Proof
Credit Points	12.5
Coordinator	Associate Prof A Palmer/Dr J Gans
Prerequisites	Legal Method and Reasoning or equivalent.
Semester	1, repeat Summer (view timetable)
Contact	Estimated total time commitment of 144 hours. Includes three to four hours of lectures per week in semester and intensive in summer
Subject Description	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 5000 words 100%.
Prescribed Texts	A Palmer, Proof and the Preparation of Trials. Lawbook Co, 2003. J Gans & A Palmer, Australian Principles of Evidence. Cavendish 2nd ed. 2004.

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