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Advanced Evidence (LAWS70071)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
October
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
Availability(Quotas apply) | October |
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Fees | Look up fees |
In the preparation and conduct of litigation no area of law is more important than the law of evidence. Advanced Evidence aims to provide students with an enhanced understanding of the law of evidence. This subject focuses on key provisions of the uniform evidence legislation, which now operates in all Commonwealth, Victorian, New South Wales, Tasmanian, Australian Capital Territory and Northern Territory courts, and primarily examines the law of evidence in the context of criminal proceedings, where it is is strictly applied. Students can expect to refresh, deepen and develop their understanding of the factual, legal and policy issues associated with the law of evidence and to learn to analyse the admissibility of evidence at an advanced level
This subject is primarily based on a detailed examination of those rules of evidence regarding admissibility that are of particular significance in trials, especially criminal trials.
Principal topics may include:
- Relevance
- Hearsay evidence
- Opinion evidence
- Admissions
- Tendency and coincidence evidence
- Credibility evidence
- Identification evidence
- Discretionary and mandatory exclusion of evidence.
Note: this is a highly technical subject taught at an advanced level. It is only recommended for students with a law background.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an enhanced understanding of the role played by the law of evidence in criminal proceedings and have a good understanding of the scope and operation of the uniform evidence legislation
- 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, a legal and a policy perspective, at an advanced level.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
An undergraduate or JD degree in law.
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
Description | Timing | Percentage |
---|---|---|
Assessment 1: Class participation | Throughout the teaching period | 5% |
Assessment 2, Option 1: Take-home examination
| 27 - 30 November | 95% |
Assessment 2, Option 2: Research paper on a topic approved by the subject coordinator
| 13 January 2021 | 95% |
Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- October
Coordinator Katherine Farrell Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 16 September 2020 Pre teaching requirements The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide and the subject materials that will be available from the LMS subject page. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 14 October 2020 to 20 October 2020 Last self-enrol date 21 September 2020 Census date 15 October 2020 Last date to withdraw without fail 7 December 2020 Assessment period ends 13 January 2021 October contact information
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Commercial Law Course Master of Public and International Law Course Graduate Diploma in Legal Studies Course Graduate Diploma in Dispute Resolution Course Master of Laws - Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022