A course of three classes per week throughout the academic year.
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SYLLABUS Jurisdiction
Criminal; Civil; Trends in the arrangement of jurisdiction.
Pre-Trial Civil Procedure
Who sues whom, and how? Origination process, service and appear- ance; Default judgment and summary disposal; Pleadings; Interroga- tories; Discovery and inspection of documents; Inspection of property;
Medical examinations; Attempts at settlement; Mistakes and amend- ments; Privilege and the exclusion of evidence in the public interest.
Pre-Trial Criminal Procedure
Arrest; Search and seizure; Police interrogation and its consequences;
Bail; Presentments and informations; Criminal pleading.
Trial Process
Chronology of a trial; Burdens and standards of proof and presump- tions; Pleas; Obtaining evidence — competence and compellability;
Opening address; Examination, cross-examination and re-examination;
Corroboration; No case to answer; Reopening.
The Exclusionary Rules of Evidence
Relevance; Character evidence; The hearsay rule; Opinion evidence;
Res Gesta.
The Aftermath of the Trial
Enforcement of judgments; Costs; Appeals.
BOOKS
Prescribed textbooks:
*Aronson M Reaburn R and Weinberg M Litigation, Evidence and Procedure Butterworth 1976
Prescribed Statutes:
• Evidence Act 1958 Victoria
• Crimes Act 1958 Victoria
• Rules of the Supreme Court 1957 latest reprint Recommended for reference:
Gobbo J Cross on Evidence Aust ed Butterworth 1970 Heydon J D Evidence Butterworth 1975
Australian Law Reform Commission Report No. 2 Criminal Investiga- tion (Interim)
Williams N Supreme Court Practice 2nd ed Butterworth 1973 Odgers Principles of Pleading and Practice 21st ed Stevens 1975 Oxley-Oxland J Civil Procedure in New South Wales Law Book 1976 ASSESSMENT
One 3-hours' examination paper for pass and for honours. Written work and tests or a combination of both as approved by the faculty may be required during the year as an alternative or in addition to, or as a total or partial substitute for, this paper.
730-411 PROBLEMS OF PROOF
One class per week throughout the year.
SYLLABUS
This is an advanced course in evidence providing a study in depth of problems concerned more with probative effect than the technical rules of admissibility, but having to operate within this framework. A general knowledge of the methods of proof (oral evidence, documentary evidence, confessions, admissions, etc.), the standards of proof and the role of judge and jury will be presumed.
There will be a preliminary exposition of the Adversary system, its con- sequences and limitations, and it will be treated comparatively with other systems. (The probative process in tribunals not observing the technicalities of the hearsay rule such as the Conciliation and Arbitration Commission, and The Trade Practices Tribunal and in investigatory tri- bunals such as Coroner's Courts and Parliamentary Investigatory Commit- tees will also be referred to). This will be followed by discussion on such matters as the use of deduction and induction, elementary rules relating to probability, the role of circumstantial evidence, the hearsay rule and its limitations, police methods of interrogation, the use of expert evidence, and the use of modern scientific techniques as aids to the ascertainment of facts. These matters will be related principally to Criminal Law.
The major part of the course will consist of a series of problems in Criminal Law which will be presented to raise both fundamental con- ceptual questions and practical questions of method.
Students will be expected to attend court hearings, and seminars will be held in conjunction with criminal court cases.
Enrolment in the course Is restricted to students who have passed in Principles of Evidence.
BOOKS
Prescribed textbook:
Materials will be issued by the Law School.
Prescribed Statute:
'Evidence Act 1958 Victoria as amended in 1971 ASSESSMENT
One 3-hours' examination paper for pass and for honours. Written work and tests or a combination cf both as approved by the faculty may be required during the year as an aitemative or in addition to, or as a total or partial substitute for, this paper.
730-501 PROCEDURE
A course of one class per week throughout the year.
SYLLABUS
This subject is concerned with the rules applicable in the conduct of civil actions in the Supreme Court, to a lesser extent with the juris- diction and practice in Magistrates' Courts, the control of those Courts by the County Court and by the Supreme Court, and with appeals from a judgement of the Supreme Court to the High Court.
Litigation is regulated conflict and the regulation of that conflict is largely embodied in and stems from the rules of procedure known as the Rules of the Supreme Court. The current Rules of the Supreme Court are those made in 1957 although amendments have been made to those rules from time to time since 1957.
The course studies those rules in relation to all the steps necessary to bring a case on for hearing, from the day when a writ is issued, the steps which are taken thereafter, e.g. service of the writ of summons, the defendant's entry of appearance thereto, the pleadings exchanged between the parties, the principal forms of interlocutory proceedings, e.g. discovery, interrogatories, the rules determining whether a case is to be tried by a Judge alone or by a Judge with a jury, the way in which a judgement may be enforced, e.g. by Writ of fieri facias, Writs of possession, etc., attachment of debts, etc. The course also deals with appeals from a single Judge to the Full Court of the Supreme Court and from the Supreme Court to the High Court.
Lastly, the course examines the jurisdiction, ordinary and special, of Magistrates' Courts and the principal procedural provisions applicable thereto and discusses appeals therefrom to the County Court and to the Supreme Court.
BOOKS
Students are required to obtain:
Rules of the Supreme Court 1957 Reprint No 3
Commonwealth Service and Execution of Process Act 1901-1968 Recommended for reference:
Odgers W B Principles of Pleading and Practice 20th ed Stevens 1971 Williams N J Supreme Court Practice 2nd ed Butterworth 1973 ASSESSMENT
One 3-hours' examination paper for pass only. Written work and tests or a combination of both as approved by the faculty may be required during the year as an alternative or in addition to, or as a total or partial sub- stitute for, this paper.