LAW7231

Civil litigation & practice ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: Dr Oyiela Litaba

Offered:
City First semester 2005 (On-campus)
City Second semester 2005 (On-campus)
City Term 2 2005 (On-campus)

Synopsis: This subject is concerned with the conduct of civil litigation in courts from the Magistrates Court to the Supreme Court. It will focus on development of skills, particularly legal research, awareness and use of learning strategies, oral and written communication, negotiation and advocacy. The specific values which will be addressed are professional values and the recognition and resolution of ethical conflicts.

Objectives: At the successful completion of this unit you should be able to: (a) take full and accurate instructions from your client and pick out the relevant facts from instructions and documents provided; (b) identify and analyse the legal issues; (c) assess the strengths and weaknesses of your client's case and provide clear written advice to your client as well as advice on alternative methods of dispute resolution to achieve the best outcome for the client; (d) identify the procedures for the resolution of civil claims in the various jurisdictions in which you might practice; (e) prepare documents for litigation; (f) prepare and present evidence in a manner most advantageous to your client; (g) comply with the relevant rules of court and practice notes; (h) address ethical issues that typically arise when you are instructed in a litigation matter.

Assessment: Regular feedback will be provided on written exercises and oral presentations on drafting pleadings and arguing an interlocutory application: 50% + Written memoranda and draft documents (totalling 10,000 words) and a minimum of one oral presentation (about 20 minutes): 50%. Competence will be assessed according to grades of "Merit", "Pass", or "Fail".

Contact Hours: Intensive - 27 hours per week for 3 weeks