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LAW107 Applied Legal Studies (Forensics) (8)

Abstract

This subject aims to provide an introduction to the study of law by introducing students to basic methods of legal analysis in regards to the principal sources of law both domestically and internationally. This subject covers both substantive law and procedural law. Topics covered include: the evolution of the Australian legal system and/or Canadian legal system; common law; interpreting domestic legislation; the doctrine of precedent; introduction to criminal law, civil law and international law; and the law of evidence. An emphasis is placed on the admissibility of evidence in regards to forensic expert witnesses as well as presentation of forensic evidence in court proceedings. Students will acquire a working knowledge of the criminal trial process and evidential procedures as well as develop basic legal communication skills. Legislation introduced in this subject includes: The Coroners Act 1980 (NSW) and/or Canadian equivalent, The Crimes Act 1900 (NSW) and/or Canadian equivalent; and the Uniform Evidence Acts 1995 and/or Canadian equivalent(s). There is a focus on the criminal trial process, admissibility and presentation of evidence and judicial discretion regarding improperly or illegally obtained forensic evidence.

+ Subject Availability Modes and Location

Session 2
InternalCanada Campus
DistanceBathurst Campus
DistanceCanada Campus
Continuing students should consult the SAL for current offering details: LAW107
Where differences exist between the Handbook and the SAL, the SAL should be taken as containing the correct subject offering details.

Subject information

Duration Grading System School:
One sessionHD/FLSchool of Humanities and Social Sciences

Learning Outcomes

Upon successful completion of this subject, students should:
- be able to demonstrate an understanding of the function and role of law in society and its philosophical basis;
- be able to demonstrate an understanding of the sources of law in society and the process of law making;
- be able to demonstrate a sound understanding of the rules of statutory interpretation;
- be able to describe the relationship between the law and its impact upon members of a society in a common law jurisdiction;
- be able to demonstrate an understanding of how both the adversarial and the inquisitional systems of justice work;
- be able to demonstrate an understanding of the role of the Coroner;
- be able to demonstrate an understanding of the nature of the criminal law and the elements of criminal responsibility;
- be able to demonstrate an understanding of the nature of the civil law and the elements of a duty of care;
- be able to demonstrate a basic understanding of international law;
- be able to demonstrate an understanding of the Evidence Act 1995 (Cth)and/or Canadian equivalent;
- be able to demonstrate an understanding of the basic rules of admissibility of evidence applicable to criminal trials;
- be able to demonstrate an understanding of the role of the expert forensic witness in criminal proceedings;
- be able to demonstrate an understanding of the legislation and court rules which govern the giving of expert evidence;
- be able to demonstrate a basic understanding of procedural and evidentiary issues pertaining to the presentation of forensic evidence in criminal proceedings;
- be able to discuss legislation and court rules which govern the presentation of evidence to a court;
- be able to demonstrate an understanding of the Coroners Act 1980 (NSW) and the Crimes (Forensic Procedure) Act 2000 (NSW)and/or Canadian equivalents;
- be able to demonstrate the ability to undertake legal research;
- be able to demonstrate an understanding of courtroom process and procedure.

Syllabus

The subject will cover the following topics:
1. The rule of law. 2. Introduction to the legal system. 3. Interpreting legislation. 4. The doctrine of precedent. 5. Introduction to criminal law and process. 6. Elements of criminal liability. 7. Homicide: Murder and Manslaughter (involuntary manslaughter & voluntary manslaughter). 8. Introduction to Civil Law (Civil Wrongs). 9. Introduction to International Law. 10. Introduction to the Law of Evidence (i) Admissibility of Evidence (ii) Uniform Evidence Law 11. Order of Court Procedures and the Examination of Witnesses (i) Examination in Chief (ii) Cross-Examination (iii) Re-Examination (ii) Presentation of Evidence in court 12. 1. The Role of the Expert Witness in the Trial: Forensic Experts 2.The Coroner's Court: Coronial Laws and Jurisdictional issues (i) Coroners Act 1980 (NSW) (ii) Suspicious deaths (iii) Fires 3.Crimes (Forensic Procedure Acts) - Australia, Canada and international equivalents.

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The information contained in the 2016 CSU Handbook was accurate at the date of publication: 06 September 2016. The University reserves the right to vary the information at any time without notice.