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
Chief examiner(s)
Professor The Hon. George Hampel, QC (1st and 2nd Offering)
Quota applies
Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.
Unit guides
Prerequisites
The unit is aimed at law graduates. Students with a non-Australian law degree will be required to demonstrate knowledge equivalent to:
LAW5080
Students can undertake the unit as a Master of Laws (Juris Doctor) unit, LLM elective unit or as a single unit enrolment.
Notes
For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates
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:
- Investigate, analyse and apply complex information, problems, concepts and theories in relation to advocacy and the adversarial system to new situations and/or further learning
- Conduct research in advocacy so as to construct, organize and deliver and effective oral argument
- At an abstract level, use cognitive, technical and creative skills to generate and evaluate complex advocacy and the adversarial system ideas and concepts sufficient to preparation for trial performance
Assessment
Written case theory (1 page): 10%
Trial performance: 50%
Oral legal argument: 40%
Attendance and participation requirement: Students who fail to attend the classes in this unit or who do not participate in class as directed will receive a result of 0 N for the unit. Students who are unable to meet this requirement due to severe illness or other exceptional circumstances must make an application for in-semester special consideration with supporting documentation.
Workload requirements
24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)