Trial practice and advocacy 515
Mr J Sher QC
15 points * Two 3-hour seminars per week * Second semester * Clayton * Prerequisites: See section 3 of the faculty resolutions
The object of this subject is to expose the student to the range of skills involved in the trial process. The subject involves two series of short mock trials in which students will participate as counsel and thereby obtain practical experience in advocacy skills. The subject will be under the supervision of an experienced barrister. Judges will conduct the second series of mock trials and assist with expert commentary on the students' performance. Objective criticism coupled with class discussion will be used to explore and develop the student's advocacy skills. The emphasis of the subject is on practical skills, especially in regard to factual disputes. The matters to be covered include the making of opening addresses, examination in chief, cross-examination, re-examination, dealing with expert witnesses, the tendering of exhibits and final argument. The mock trials will be before a judge alone in the first series and a judge and jury in the second. The judge in the second series will be a Supreme Court Justice. Cases will be civil and criminal.
Assessment
Class participation and two mock trials: 100%
Prescribed texts
Glissan Cross examination 2nd edn, Butterworths