2002 Swinburne TAFE Handbook - Swinburne University of ...

280 I Subject Details
Voluntary administration.
Winding Up.
Associations.
VBD233
law of Evidence
51 nominal Hours· Prerequisite: VBD238
Aims & Objectives
To provide learners with detailed knowledge and skills in the rules of evidence and
procedure as they apply to civil and criminal trials, as relevantto a person working in a
legal office, an insurance company or associated fields in the public or corporate
sectors. Knowledge ofthe rules of evidence will enable analysis and evaluation of
evidence available in connection with the preparation of a case fortrial.
Content
Concept and nature of evidence.
Standard and burden of proof.
No case to answer submissions.
Examination of witnesses.
Relevance of evidence.
Hearsay evidence.
Competence and compellability of witness.
Opinion evidence.
Evidence of character.
Corroboration.
Preparation for trial.
Evidence Act 1995 (Commonwealth).
VBD234
Criminal law
51 nominal Hours· Prerequisite: VBD238
Aims & Objectives
To provide detailed examination and analysis of criminal law as relevantto a person
working in a legal office, for a legal aid provider, government department or in a criminal
justice context. This subject incorporates a study of criminal procedure, substantive
aspects of criminal offences as defined in legislation and at common law, and
evaluation of law reform issues.
Content
The concept of crime.
Criminal procedure in Victoria.
Homocide, murder and manslaughter.
Assault and sexual offences.
Defences.
Participation in crirne and attempts.
Property offences.
Strict Liability offences.
VBD235
law of Contract
51 nominal Hours· Prerequisite: VBD238
Aims & Objectives
To provide a detailed knowledge of contract law as relevantto a person working in a
legal office, private or public sector organisation, or other area requiring a specialised
knowledge of contract law principles. To enable the learner to evaluate contactual
issues in social, domestic, and commercial environments.
Content
The nature of contracts.
Agreement.
Intention to create legal relations.
Consideration and estoppel.
The terms of a contract and types of contracts.
Capacity of contract.
Defective contracts lacking consent.
Illegal and void contracts.
Privity of contract and assignment of contract.
Discharge of contract.
Remedies for breach of contract.
VBD236
Property law
51 nominal Hours· Prerequisite: VBD238
Aims & Objectives
To provide detailed knowledge of property law as might be relevantto a person working
in a legal office, conveyancing office, financial institution or lending mortgage
department, governrnent department, or other allied area requiring thorough knowledge
of Property Law, concepts and applications, including analysis of estates and interests,
mortgages, easement and convenant, tenancies and adverse possession.
VBD237
law of Torts
51 nominal Hours· Prerequisite: VBD238
Aims & Objectives
To provide a detailed knowledge and skills in the Law ofTorts as might be relevantfora
person engaged in the operation of a legal office, or associated fields in the public or
corporate sectors.
Content
Law of torts.
Interference with another person.
Negligence.
Negligent rnisrepresentation and nervous shock.
Public and private nuisance.
Conversion.
Liability.
No-fault compensation.
VBD238
legal Process
51 nominal Hours· Prerequisite: Nil
Aims & Objectives
The purpose ofthe module is to provide detailed knowledge and skills ofthe Australian
legal system as relevantto a person working in a legal office, or associated fields in the
public or corporate sectors.
Content
Sources of Australian Law.
Australia's federal system of government.
Resolving disputes in the legal system.
The trial process.
Alternative dispute resolution.
Judicial law making.
Legislation.
Interpretation of legislation.
Finding sources of legal information.
VBD239
Civil Procedure
51 nominal Hours· Prerequisite: VBD238, VBD233
Aims & Objectives
To provide skills and knowledge in the area of litigation and civil procedure including the
structure, procedure and operation of the courts in Victoria.
Content
Court Structure in Victoria.
Swinburne University of Technology I TAFE Handbook 2002