Adversary System: Bases and Corollaries (LAWS90082)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
Semester 1
Lecturers
The Hon Mr Kenneth Hayne AC QC, Coordinator
The Hon Justice Michelle Gordon
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
| Availability(Quotas apply) | Semester 1 |
|---|---|
| Fees | Look up fees |
The adversary system can be seen as a defining characteristic of a common law legal system. But as times have changed, both the common law and the adversary system of trial have changed. What then are the bases of the adversary system? What corollaries follow from adopting such a mode of trial? What are the challenges with which the Australian legal system must now deal in resolving disputes? How might those challenges be dealt with and are there implications for what we define as the adversary system and, more generally, the rule of law?
Principal topics include:
- Development of the common law
- The 20th century adversary system
- The adversary system today and its implications
- Statutes and the Common law
- Lessons from other systems
- Complexity - issues, evidence, experts, costs
- Curial method - the law, facts, findings
- Economic and commercial implications - class actions, ADR, arbitration, access to justice
- Legislative and executive power
- Implications for the Rule of law and the practitioner.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the adversary system in today's Australian judicial system
- Have an advanced understanding of how and why the adversary system has developed to its present state
- Be able to critically examine, identify and assess the implications and effectiveness of that system
- Have the cognitive and technical skills to independently identify, examine, research and analyse present and emerging challenges to the continued use of an adversary system
- Have the communication skills to articulate and convey complex information regarding the adversary system, its implications and possible modification.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Class participation (10%)
- 20-minute individual class presentation on a designated topic, due on an allocated day during the intensive teaching period (15%)
- 6,000 - 7,500 word research paper (75%) (14 June 2017) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- Semester 1
Principal coordinator Kenneth Hayne Mode of delivery On Campus (Parkville) Contact hours 24-26 hours Total time commitment 150 hours Teaching period 27 February 2017 to 28 May 2017 Last self-enrol date 31 January 2017 Census date 31 March 2017 Last date to withdraw without fail 5 May 2017 Assessment period ends 23 June 2017 Semester 1 contact information
Lecturers
The Hon Mr Kenneth Hayne AC QC, Coordinator
The Hon Justice Michelle GordonEmail: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Time commitment details
136-150 hours
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022