Monash University Handbook 2010 Postgraduate - Unit

Synopsis

The unit will develop a deeper theoretical understanding by students of the essential role of advocacy in the adversary system. It will enable students to better appreciate the way in which cases evolve through the courts and how the factual and evidentiary foundation relates to the legal results. Students will better understand the nature of the skills which are required of advocates, their ethical obligations and the importance of the advocate's role in the courts decision making process. This will be of benefit not only to students who are contemplating practice at the Bar, or as solicitor advocates, but also to those who will work in litigation and other dispute resolution.

Objectives

On completion of this unit students should be able to:

• assess the strengths and weaknesses of their, and their opponent's, case;
• integrate analysis of facts, evidence and substantive law to develop and write a consistent case theory and strategy required in a contested trial;
• prepare for each stage of the trial process;
• demonstrate understanding of the trial process through the application of forensic skills of examination in chief, cross-examination, re-examination and addresses in an ethical manner;
• identify evidentiary issues and take and oppose evidentiary objections;
• prepare a structured written summary of argument;
• present a persuasive first instance and appellate legal argument;
• demonstrate effective verbal and non verbal communication skills in the courtroom; and
• evaluate and critique advocacy skills in accordance with criteria established by the Australian Advocacy Institute

Assessment

Written plans/articulation of case theory for workshop exercises: 10%; written summary of argument: 10%; workshop attendance and participation: pass/fail; advocacy trial performance (videotaped): 30%; other set advocacy performances (videotaped): 25%; and written reflective report: 25%.

Chief examiner(s)

Professor George Hampel

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

The unit is aimed at law graduates. Students with a non-Australian law degree will be required to demonstrate knowledge equivalent to:

LAW 1100 or LAW7212
LAW3300 and LAW3302 or LAW7264
LAW5159 or LAW7273
LAW 5104 or LAW7272

LLM(LP) or JD students will be permitted to take the unit once they have reached the LLM coursework stage of their studies. The unit is especially suitable for LL M (LP) students who plan to complete their studies at the JD stage and will not therefore undertake the practical legal training element of the degree (ie. the PDLP stage)