LAW 3502 - Evidence and Advocacy

Evidence & Advocacy is the study of "proof"; particularly, what is proof in legal proceedings and how do we prove matters as fact. Through problem solving and practical/interactive role plays, students will critically analyse the laws of evidence applicable to the proof of facts in South Australian and Australian Federal courts. These laws determine the evidence which will be received by courts to establish material facts, the form in which such evidence must be presented and the uses to which such evidence can be put by the court. Laws applicable to civil and criminal proceedings are examined with a concentration on the evidential constrictions applicable to criminal proceedings. In this context, criminal procedure is itself examined, particularly police investigative process and prosecution and defence obligations prior to and at trial. The Course relies on an interdisciplinary framework of study for students to actively ascertain the techniques, limitations and requirements for eliciting, challenging and scrutinising evidence for the purpose of considering whether it amounts to proof. Students will gain an understanding and appreciation for the neuro-psychology, physiological, forensic and mathematical disciplines which inform and shape proof in law.