Authorised by Academic Registrar, April 1996
Objectives Students who successfully complete the subject should (1) understand the methods provided to resolve civil disputes and the reasons for choosing one rather than another; (2) be familiar with the major sources of law and research tools in adjudication and alternative dispute resolution; (3) be able to classify a fact situation, recognise the applicable cause(s) of action and survey the proper method(s) of resolution; (4) understand the sequence, steps and documentation of common law and commercial litigation; (5) understand the theoretical underpinnings of our procedural system; (6) recognise the interrelationship between methods of dispute resolution; (7) develop written skills in litigation including the drafting of pleadings, affidavits and letters of demand; and (8) develop oral skills through litigation simulation exercises through appearances before a master.
Synopsis Methods by which disputes are resolved. Institutions provided by the State and by private ordering to complement the courts. Factors for choosing litigation or another mode of resolution. The process of litigation. The rules by which disputes in the courts are regulated and brought to a conclusion.
Assessment Final open-book examination (3.5 hours): 75% and skills exercise: 25% or final open-book examination (2 hours): 50% and two skills exercises: 25% each