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CRICOS Provider Code: 00586B

Information relevant to 2003 – Unit Details

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Enrolment code: LAW402

Offered: Hobart: (full-year) ie semesters 1 & 2,

Special note: compulsory unit

Unit description:

Imparts an understanding of the principles and rules relating to the rules of procedure and evidence in both civil and criminal litigation in the pre-trial and trial stages of litigation; develops an appreciation of the determinative role that pre-trial activities and rules of evidence can have on the course and outcome of civil and criminal trials; encourages a critical appraisal of the evidential and procedural rules governing the formal resolution of civil and criminal matters. Studies cover: the objectives underlying civil and criminal procedure; pre-trial civil procedure, from identification of the parties and causes of action to settlement of the dispute, including originating process, defining the questions for trial and obtaining evidence in support of the case; pre-trial criminal procedure, including police powers of investigation and arrest, the rights of suspects, bail, the initiation of criminal proceedings and the accused’s pleadings; the rules of evidence, including basic evidential concepts, obtaining testimony, questioning witnesses in court, protective mechanisms in respect of unreliable evidence, the exclusionary rules against hearsay and opinion evidence, limitations on evidence against the accused in a criminal trial and documentary evidence. Practical legal skills incorporated within this unit include witness examination and cross-examination techniques.

Staff Ms T Henning For information on staff, turn to relevant Faculty website University phone and email search phone    email
Unit weight 25% To see normal University Admission requirements
Teaching pattern 2x50-min lectures weekly, 1 50-min seminar fortnightly (13 wks), 7x50-min workshops as notified Timetable
Prerequisites LAW200 , LAW201 , LAW202 , LAW303  
Assessment mode sem 1: 3-hr exam in June (40%), mid-sem-1 exam (10%), 1,000-word written court report (10%); sem 2: 2-hr exam in Nov (30%), mid-sem-2 exam (10%). Students must pass both sem 1 and 2 to obtain a pass in the unit Examinations timetable (Users will need to know their login name (POP account) and password)
Required texts etc Aronson, Hunter & Weinberg, Litigation, ISBN 0409312770
Cairns, Australian Civil Procedure, ISBN 0455210594
Evidence Act 1910 (Tas)
Evidence Act 1995 (Cwlth)
Judiciary Act 1903 (Cwlth)
Justices Act 1959 (Tas)
Library Catalogue
Co-Op Bookshop
Discipline (School) Law  
Courses Bachelor of Laws
Bachelor of Laws combined degrees (BA and LLB)
Bachelor of Laws combined degrees (BEc and LLB)
Bachelor of Laws combined degrees (BCom and LLB)
Bachelor of Laws combined degrees (BSc and LLB)
Bachelor of Laws combined degrees (BIS and LLB)
Faculty website Faculty of Law  
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