LAW4178E

Comparative civil procedure 406 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader:

Offered:
Not offered in 2005.

Synopsis: This unit will compare the methods used to resolve disputes in the Common Law Legal Family and the Civil Law Legal Family. Through the Comparative method students will ascertain the fundamental elements of each system. The role of the judge at first instance will be critically analysed in both systems. The principles of orality, contestation and adherence to party disposition will be explored. The adversary system will be contrasted with the ,'inquisitional,' adversary system. The continuing importance of the common law jury will be tested. Each step of litigation from the commencement through to the final disposition will be considered.

Objectives: (1)To broaden the perpective of domestic students to a major legal system and its ways of resolving disputes; (2)To expose students to the comparative method; (3)To expose students to the Court system of a western culture nation of a different legal family and its laws; (4)To cause students to reflect on their system of dispute resolution, its aims and shortcomings.

Assessment: Examination (2 hours writing time plus 30 minutes reading and noting time): 100% OR Examination (1 hour writing time plus 30 minutes reading and noting time): 50% + Assignment (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; LAW2100 Contract OR LAW2101 Contract A and LAW2102 Contract B PLUS LAW2200 Torts OR LAW2201 Torts A and LAW2202 Torts B

Corequisites: LAW5104 Civil Procedure