UnitLevel 5Postgraduate

LAW5012 Principles of evidence

Faculty of Law

LAW5012 Principles of evidence is a level 5, 6-credit-point, postgraduate unit from the Faculty of Law. It isn't offered in 2022. It needs LAW5001 and unlocks 2 units, leading on to 4 units in all.

Credit points
6
Offered in 2022
Other periods
Monash Law Chambers
Assessment
Exam 50%
and 4 other tasks

This is the 2022 handbook entry. See the 2027 entry.

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Requisites

Enrolment rules

For students in the Juris doctor (L6005), you must have passed 42 points of study.

Overview

The unit examines the principles and concepts underlying the law of evidence, both State and Commonwealth, together with an appreciation of the relationship between the law of evidence and the nature of a civil or criminal trial in the Australian legal system. Students will examine key concepts of the law of evidence in the context of the purposes of exclusionary rules. The unit will examine the role of technology in the trial court and the issues raised by its use for litigants and the court itself. The unit will also provide comparative law insights into different approaches to issues in the law of evidence adopted in other Australian and selected overseas jurisdictions.

Offerings in 2022

Teaching periodCampusMode
Trimester 1Monash Law ChambersOn campus
Trimester 2Monash Law ChambersOn campus
Trimester 3Monash Law ChambersOn campus

Assessment

  • Legal SubmissionOther
    30%
  • Oral PresentationPresentation
    10%
  • Class participationParticipation
    10%
  • Written reflectionOther
    10%
  • Final ExamExam
    50%

Learning outcomes

When you finish this unit, you should be able to:

  1. 1

    Critically evaluate the law of evidence, its practice and contemporary developments, drawing upon broader theoretical and comparative perspectives;

  2. 2

    Identify, research, synthesise and evaluate relevant legal, factual and policy issues;

  3. 3

    Demonstrate intellectual and practical skills to justify and interpret theoretical propositions, legal methods and conclusions;

  4. 4

    Exercise advanced and integrated professional judgment and ethical responsibility in evaluating jurisprudential, practical and ethical considerations;

  5. 5

    Select, analyse, interpret and apply principles of the law of evidence to generate appropriate responses to complex legal issues embedded in factual scenarios;

  6. 6

    Demonstrate the ability to think creatively and communicate effectively in professional formats that are appropriate for trial practice;

  7. 7

    Collaborate and communicate effectively and persuasively;

  8. 8

    Learn and work with a high degree of autonomy, accountability and professionalism; and

  9. 9

    Reflect on and assess their own capabilities and performance, and make use of feedback, to support personal and professional development.

Workload and teaching

  • Workshops36 hours
  • Teaching approachActive learning

Students enrolled in this unit will be provided with 36 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Learning resources

Required resources

See the Moodle unit page for prescribed and recommended resources. Prescribed texts are usually available for purchase through the University Bookstore and are sometimes available for short-term loan or as eBooks through the library.

Contacts

Chief Examiners
Dr Fiona Hum
Dr Natalia Antolak-Saper

Common questions

What are the prerequisites for LAW5012?

You need LAW5001 before you enrol. Enrolment rules also apply.

What can I take after LAW5012?

LAW5012 is a prerequisite or corequisite for 2 units, including LAW5013 and LAW5430. Those lead on to 4 units in all.

When is LAW5012 offered?

LAW5012 has no offerings listed in the 2022 handbook.

Does LAW5012 have an exam?

Yes. The exam is worth 50% of the final mark, alongside 4 other tasks.

More details

Credit points
6
Level
5
Study level
Postgraduate
Faculty
Faculty of Law
Type
Coursework
EFTSL
0.125
Student contribution
SCA Band 4
Study abroad
Available