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Evidence and Proof (LAWS50037)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
To learn more, visit 2023 Course and subject delivery.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Overview
| Availability(Quotas apply) | Semester 1 July |
|---|---|
| Fees | Look up fees |
Evidence and Proof offers a detailed exploration of how facts are analysed in legal settings, giving equal attention to the way that lawyers think about and communicate factual issues and the rules that regulate how courts resolve factual disputes. The subject provides a foundation for understanding both the rules that regulate the curial resolution of factual disagreements and the way that facts are approached in legal practice and in everyday life.
The core of the subject is the study of mental processes used to explore and resolve factual issues. Specific topics addressed are the development of a theory of the case and a description of inferences that can be used to reason from the evidence to the case. A number of methods for communicating factual analysis, including the use of software, may be studied, with an emphasis on both technical accuracy and the production of useful, readable analysis.
The subject will then explore the main rules that regulate (or purport to regulate) these mental processes (and related physical processes, such as the testimony of witnesses and the admission of documents and real evidence) when factual disputes are resolved by courts. The regulatory topics, comprising the central components of the law of evidence, include relevance, discretionary exclusion; the hearsay rule and its exceptions; the opinion rule and the regulation of expert evidence; and the credibility rule. The subject will also consider the rules that impact on the proof of criminal charges, including the rules on evidence of the defendant’s character and other misconduct; the admissibility of admissions; and the law of criminal investigations. The classes will emphasise the application of these rules to complex, realistic facts and the development of skills to describe the impact of legal regulation on factual arguments that would otherwise be available.
Throughout, the subject will explore the rationales for the rules and practices that surround legal fact-finding, as well as the alternative approaches available from comparative jurisdictions or proposed as law reforms. Students will be challenged to consider not only the limits of legal regulation, but also the limits of logical fact-finding, as a means of providing justice (and, in particular, avoiding miscarriages of justice) in a transparent, accountable, efficient and effective manner.
Intended learning outcomes
Students who successfully complete this subject will have demonstrated:
- A sophisticated appreciation of the role played by facts in litigation;
- Specialist cognitive, technical and creative skills in the analysis of facts in a variety of contexts, both through the development of a theory of the case that is compatible with the available evidence and the formulation of a comprehensive description of how that evidence rationally supports a given case;
- A detailed and critical understanding of the main sources, principles, techniques, terminology and concepts of the law of evidence in Australia and with the fundamental features of common law trials;
- A specialist working knowledge of the most important rules of evidence, the key controversies about their contemporary application and an ability to apply those rules to diverse factual situations; and
- The ability to communicate both factual and legal analysis in a clear, succinct and comprehensive manner.
Generic skills
On successful completion of the subject students will have developed their skills in the following areas:
- Advanced skills in the analysis of facts in a legal context, including imaginative and creative skills in developing theories and arguments and deductive and logical skills in expressing inferences and factual propositions;
- Specialist knowledge and critical understanding of the statutes and cases relevant to Victorian evidence law and their application to complex, diverse and novel factual arguments; and
- The ability to express and advocate complex factual and legal arguments in a clear, accessible and comprehensive manner aimed at diverse legal audiences.
Last updated: 2 February 2023
Eligibility and requirements
Prerequisites
All of
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50023 | Legal Method and Reasoning | Summer Term (On Campus - Parkville) |
12.5 |
| LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS90140 | Disputes and Ethics | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
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: 2 February 2023
Assessment
July
| Description | Timing | Percentage |
|---|---|---|
Online take-home examination (4 days)
| Late July | 100% |
Semester 1
| Description | Timing | Percentage |
|---|---|---|
Online take-home examination (3 days)
| End of the teaching period | 100% |
Additional details
Students will be required to analyse a brief of evidence (including witness statements, expert reports and variety of real evidence). This will usually comprise material that has been presented in a real case. They will then have to prepare an advice on evidence setting out their theory of the case (consistently with the evidence), their proof of the case (consistently with the theory) and their assessment of the impact of the law of evidence on their proof.
The due date of the above assessments will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 2 February 2023
Quotas apply to this subject
Dates & times
- Semester 1
Principal coordinator Jeremy Gans Mode of delivery On Campus (Parkville) Contact hours Classes delivered either on-campus or online (choice) Total time commitment 144 hours Teaching period 27 February 2023 to 28 May 2023 Last self-enrol date 10 March 2023 Census date 31 March 2023 Last date to withdraw without fail 5 May 2023 Assessment period ends 23 June 2023 - July
Principal coordinator Judith Marychurch Mode of delivery On Campus (Parkville) Contact hours 36 hours Total time commitment 144 hours Pre teaching start date 6 June 2023 Pre teaching requirements Students are expected to access and review the Reading Guide and subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide to confirm prescribed resources and any other preparation required before the teaching period commences. Teaching period 3 July 2023 to 14 July 2023 Last self-enrol date 16 December 2022 Census date 7 July 2023 Last date to withdraw without fail 14 July 2023 Assessment period ends 24 July 2023
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
- Completion rate. Students who started their course from 2022 and are in a CSP or receiving a HELP Loan (eg FEE-HELP) must meet the completion rate to continue to receive Commonwealth Support for that course.
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement, and as a fail toward the completion rate, unless there are approved ‘special circumstances’.
Additional delivery details
July offering
The intensive offering is quota restricted to 120 students (60 students per class).
Students will be approved to enter the intensive offering on a first-in basis, based on their date/time enrolling into the subject. A waitlist will be maintained by Stop 1 once the quota has been met. Waitlisted students will be contacted if a place becomes available.
Students can apply for for a waitlist place by completing an Enrolment Variation form. Students may speak to a Course Planning Advisor at Stop 1 with any queries regarding the waitlist.
Last updated: 2 February 2023
Further information
- Texts
Prescribed texts
- Specialist materials will be made available via the LMS;
- Jeremy Gans and Andrew Palmer, Uniform Evidence (latest edition);
- Andrew Palmer, Proof (latest edition).
- Subject notes
Special Computer Requirements: Use of certain software as a means of communicating factual analysis may be discussed in class, and may - but only if that is an individual student's preference - be used in assessment.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - 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.
Last updated: 2 February 2023