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 2024. It needs LAW5001 and unlocks 1 unit.
- Credit points
- 6
- Offered in 2024
- Other periods
- Monash Law Chambers
- Assessment
- Exam 50%
- and 3 other tasks
This is the 2024 handbook entry. See the 2027 entry.
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Requisites
Before LAW5012
Prerequisites
Pass these before you enrol.
After LAW5012
1 unit list LAW5012 as a prerequisite or corequisite.
Enrolment rules
For students in the Juris doctor (L6005), you must have passed 42 points of study.
Overview
This unit involves a critical examination of the principles and the rules of evidence and the use of evidence law as a method of ensuring fair trials. It draws upon theoretical perspectives including reliability, libertarian and disciplinary principles. Students will examine key concepts of the law of evidence in the context of exclusionary rules. Rules and principles governing the proof of facts in civil and criminal trials to be covered include competence and compellability, privilege, examination of witnesses, credibility and character, tendency and coincidence, hearsay and exceptions to the hearsay rule, the right to silence, admissions, illegally obtained evidence and opinion evidence.
Offerings in 2024
| Teaching period | Campus | Mode |
|---|---|---|
| Trimester 1 | Monash Law Chambers | On campus, block |
| Trimester 2 | Monash Law Chambers | On campus, block |
| Trimester 3 | Monash Law Chambers | On campus, block |
Assessment
- Class participationParticipation10%
- Oral SubmissionOther10%
- Written SubmissionAssignment30%
- Final ExamExam50%
Learning outcomes
When you finish this unit, you should be able to:
- 1
Critically evaluate legal cases and formulate argumentation in written and oral submissions.
- 2
Communicate effectively and persuasively when undertaking both collaborative and individual activities.
- 3
Identify, research, synthesise and evaluate relevant legal, factual and policy issues.
- 4
Select, analyse, interpret and apply principles of the law of evidence to generate appropriate responses to complex legal factual scenarios.
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
- Professor Jonathan Clough
- Dr Fiona Hum
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 1 unit, including LAW5013.
When is LAW5012 offered?
LAW5012 has no offerings listed in the 2024 handbook.
Does LAW5012 have an exam?
Yes. The exam is worth 50% of the final mark, alongside 3 other tasks.