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Advocacy (LAWS50055)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Summer Term
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
November
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | Summer Term Semester 1 November |
---|---|
Fees | Look up fees |
The enforcement and protection of legal rights and interests ultimately depends on legal proceedings in courts and tribunals. Many if not most legal proceedings revolve around issues of fact, and in an adversarial context this means the presentation of competing versions of contentious events and the attempt by each of the parties to persuade the tribunal of fact to accept a version of events which would entitle them to the remedy or outcome sought by their client.
The focus of this subject is on the development of the specialised skills and expert judgment needed for this crucial aspect of legal practice, which can broadly be described as trial advocacy (as distinct from appellate advocacy). Effective trial advocacy requires a broad, complex and diverse set of skills, ranging from the ability to develop and present a persuasive narrative (both in an address and by examining a witness) to the ability to force an opposing witness to make concessions that will advance the party's case.
Advocacy enables students to develop this set of skills in a supportive workshop environment. Topics covered will include the adversary process; the role of the trial advocate; the development of case theories, themes and labels; opening and closing addresses; and witness examination including examination-in-chief and cross-examination. Students will be required to plan and conduct a variety of advocacy exercises.
Intended learning outcomes
A candidate who has successfully completed the subject will be able to:
- Identify aims and objectives for the conduct of a trial;
- Develop plans and strategies for the achievement of those aims and objectives;
- Implement those plans and strategies in the preparation of, and through the course of, a trial; and
- Critically reflect on all of the above at the conclusion of a trial.
Through the development of these cognitive and technical skills, students will develop the ability to:
- Independently analyse, reflect on and synthesise the complex masses of evidence and information that typically arise in litigation;
- Independently identify issues and problems arising or likely to arise in a particular trial;
- Independently develop solutions to those problems; and
- Communicate ideas, theories, information and arguments to a tribunal of fact or law.
Generic skills
Students who successfully complete this subject will be able to
- Prepare a case for trial including:
-
- Developing a case theory;
- Drafting an opening address;
- Drafting a closing address;
- Drafting examinations and cross-examinations of witnesses; and
- Assessing the strengths and weaknesses of a case.
- Conduct a trial including:
-
- Delivering an opening address;
- Examining and cross-examining witnesses; and
- Delivering a closing address.
- Reflect critically and meaningfully on their performance at the above tasks.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Successful completion of all the below subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (On Campus - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50025 | Torts | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50031 | Legal Theory |
December (On Campus - Parkville)
July (On Campus - Parkville)
Semester 2 (On Campus - Parkville)
Summer Term (On Campus - Parkville)
|
12.5 |
LAWS50037 | Evidence and Proof |
Winter Term (On Campus - Parkville)
Semester 1 (On Campus - Parkville)
|
12.5 |
and successful completion of one of the following:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS90140 | Disputes and Ethics | Semester 2 (On Campus - Parkville) |
12.5 |
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50027 | Dispute Resolution | Not available in 2024 |
12.5 |
Corequisites
None
Non-allowed subjects
None
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
Description | Timing | Percentage |
---|---|---|
Hurdle requirement: 100% class attendance | N/A | |
Trial preparation document
| 25% | |
Trial performance | 50% | |
Reflective report
| 25% |
Additional details
- Hurdle requirement: 100% class attendance.
- Trial preparation document, 2,500 words (25%).
- Trial performance (50%).
- Reflective report, 2,000 words (25%).
More information on the above assessment will be available to students in the Reading Guide and in class.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- Summer Term
Coordinator Gary Cazalet Mode of delivery On Campus (Parkville) Contact hours 36 hours Total time commitment 144 hours Pre teaching start date 30 January 2019 Pre teaching requirements Students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 11 February 2019 to 21 February 2019 Last self-enrol date 10 February 2019 Census date 15 February 2019 Last date to withdraw without fail 22 February 2019 Assessment period ends 27 February 2019 Summer Term contact information
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au - Semester 1
Coordinator Gary Cazalet Mode of delivery On Campus (Parkville) Contact hours 36 Total time commitment 144 hours Teaching period 4 March 2019 to 2 June 2019 Last self-enrol date 15 March 2019 Census date 31 March 2019 Last date to withdraw without fail 10 May 2019 Assessment period ends 28 June 2019 - November
Coordinator Gary Cazalet Mode of delivery On Campus (Parkville) Contact hours 36 hours Total time commitment 144 hours Pre teaching start date 11 November 2019 Pre teaching requirements Students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 27 November 2019 to 5 December 2019 Last self-enrol date 14 November 2019 Census date 29 November 2019 Last date to withdraw without fail 6 December 2019 Assessment period ends 11 December 2019 November contact information
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Additional delivery details
This subject has an enrolment quota of 60 students (20 per availability). Your subject enrolment will not be confirmed until the selection process has been run. Selection is conducted on a random basis with outcomes communicated to students shortly after re-enrolment closes. Please refer to the Melbourne Law School website for more information on the JD Quota Elective selection process.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
- J Curthoys and C Kendall, Advocacy: An Introduction (Lexis Nexis Butterworths, 2006)
- Specialist materials will also be made available from Melbourne Law School.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022