Trial practice and advocacy 506
Ms K Ludlow (Faculty Liaison Officer)
6 points
* Two 3-hour lectures a week. Note: because there are no
classes held for certain weeks, the average contact time over the semester is
one 3-hour lecture a week. Note also that the classes in the latter half of the
semester are held at the Supreme Court, Melbourne
* Second semester
*
Clayton
* Prerequisites: LAW3300, and LAW5104 or LAW5201; Corequisite:
LAW5204
Objectives Trial practice and advocacy concerns the range of skills involved in the trial process. The objectives are to (1) equip students with the practical advocacy skills required in the trial process and other factual disputes, whether civil or criminal; (2) broaden and deepen the legal knowledge and skills acquired by students in studying the compulsory subject `Criminal law and procedure' and in the quasi-compulsory subjects `Civil procedure' and `Evidence'; (3) allow students to develop and gain practical experience in advocacy skills relevant to legal practice; (4) give students an understanding of the purpose of the various stages of a trial.
Synopsis Students are required to participate in two series of short mock trials (civil or criminal) as counsel in teams of two. Students participate under the supervision of an experienced barrister. The first series of trials are without a jury. The second series of trials are conducted before a jury and a Supreme Court justice who also provides expert commentary on the students' performance. The skills examined include preparing and trying a case, the making of opening addresses, examination in chief, cross-examination, re-examination, dealing with expert witnesses, the tendering of exhibits and final argument.
Assessment Assessment will be on the basis of the student's performance in the two mock trials in which the student participates as counsel and his/her attendance at all sessions. The grade will not be affected by whether a student wins or loses his/her trials.
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