units

LAW5355

Faculty of Law

18 September 2017 22 November 2024

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This unit entry is for students who completed this unit in 2016 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Offered

City (Melbourne)

  • Trimester 2 2016 (On-campus block of classes)
  • Trimester 3 2016 (Evening)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7303

Synopsis

This unit will develop a deeper theoretical understanding 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.

The theory covered and skills practised will include case analysis, written case theory, development of strategy, trial preparation and practice, presentation skills, ethics, evidence, legal argument, and communication skills in accordance with criteria established by the Australian Advocacy Institute.

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.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to Advocacy and the adversarial system with creativity and initiative to new situations in professional practice and/or for further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to Advocacy and the adversarial system
  • Conduct research in Advocacy based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to Advocacy and the adversarial system

Assessment

Written plans/articulation of case theory for workshop exercises (750 words): 10%
Written summary of argument (750 words): 10%
Compulsory class attendance and participation: pass/fail
Advocacy trial performance: 30%
Other set advocacy performance: 25%
Written reflective report (1875 words): 25%.

Workload requirements

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

Chief examiner(s)

Professor The Hon. George Hampel, QC Research ProfileResearch Profile (http://www.law.monash.edu.au/staff/ghampel.html)

Prerequisites

The unit is aimed at law graduates. Students with a non-Australian law degree will be required to demonstrate knowledge equivalent to:
LAW5080
LAW5001
LAW5012
LAW5013

Students can undertake the unit as a Master of Laws (Juris Doctor) unit, LLM elective unit or as a single unit enrolment.