Court Process, Evidence and Proof provides students with an analytical study of the law of evidence and civil and criminal court processes. These topics are examined in their legal, ethical and socio-psychological dimensions. The course approaches these topics by first exploring the legal and factual elements that define evidence law. In the criminal context, the course additionally explores prosecutors’ ethical and legal obligations to the court and to the defendant. From this preliminary framework students examine key principles, rules and institutional elements associated with the formal adjudication of legal disputes. Australia’s uniform evidence legislation provides the major doctrinal focus of this course. Its institutional focus centres on the role of participants in the court process. The course aims to foster in students critical analytical skills and values consistent with aspirational ideals of professional and ethical legal practice. These goals are pursued by observational fieldwork, audiovisual aids, occasional guest speakers, readings and the engagement of students in classroom discussion that is aimed at developing their understanding of the complexities and challenges evidence law and court processes create for litigants, lawyers, witnesses and decisionmakers. In addition, the course pays particular attention to ensuring students fully appreciate the important rights of criminal defendants and the protections afforded to them in court.

Main Topics

Court Process, Evidence and Proof is one of the core subjects for law and will normally be taken after completion of Criminal Laws. It fits within the criminal law stream.

More information can be found on the Course Outline Website.