LAW4167

The justice system, theory and practice 406 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader:

Offered:
Not offered in 2005.

Synopsis: The unit will adopt a seminar format to explore various aspects of the adversarial system of justice. While the precise content of the unit will vary from year to year to reflect changing emphases, topics will be chosen to illustrate fundamental principles upon which the justice system is based, and/or to illustrate changes and challenges to the system. Possible topics include an examination of the adversarial as opposed to inquisitorial systems of justice, the rise of Alternative Dispute Resolution, interrelationship of Federal and State Law, managerialism in the justice system, the diminishing role of the jury, quasi-judicial bodies and the outsourcing of Justice.

Objectives: The aim of this subject is to provide students with a deeper understanding of the adversarial system of justice, both civil and criminal, and the issues confronting that system. While building upon concepts learnt in subjects such as Criminal Law and Procedure, Civil Procedure and Evidence, it will encourage students to see these concepts as part of a broader system composed of many parts, and to understand the interrelationship between those parts. Students completing the subject should have a) a broader understanding of various components of the adversarial system of justice and the interrelationship of those components; b) an enhanced ability to critically analyse changes to the system and the possible wider implications of such change; c) developed and demonstrated oral communication skills and skills of presentation of legal concepts, rules and argument in an interactive seminar context; and d) developed and demonstrated legal research and writing skills.

Assessment: Examination (2 hours writing plus reading and noting time): 50% + Essay (4000 words): 50%

Prerequisites: LAW1100 Legal process OR LAW1101 Introduction to legal reasoning and LAW1102 Law in society; LAW3300 Criminal law and procedure OR LAW3301 Criminal law and procedure A and LAW3302 Criminal law B

Corequisites: LAW5104 Civil Procedure; LAW5159 Evidence