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Proof in litigation is primarily designed as a subject for lawyers looking to improve their skills in analysing evidence as part of the process of preparing for adversarial litigation. The subject is taught in a hands-on workshop format and the final day is spent in the Moot Court, putting the preparation into practice.
This subject presents a systematic method for analysing and organising the factual information in a brief or file as part of a lawyer‘s preparation for trial. The method will be taught through its application to a hypothetical case file. While the focus is on trial preparation, application of the method to a matter is beneficial, whether or not the matter ultimately proceeds to trial.
Principal topics include:
- Developing a case theory
- Proving the theory
- Arguing from and about evidence, including: witnesses and other sources of evidence, relevance and the drawing of inferences, negative and missing evidence, probative value and the standard of proof
- Analysing for admissibility
- Pulling it all together for trial.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have developed advanced skills in the analysis of evidence
- Have developed an enhanced ability to manage the evidential aspects of litigation
- Have developed an enhanced ability to conduct effective case preparation
- Have the cognitive and technical skills to be able to systematically analyse and organise evidence as part of the process of preparing a matter for trial
- Have developed advanced skills in identifying the arguments to be used in a closing address and the evidence that will need to be adduced in order for those arguments to be made
- Have the cognitive and communication skills to be able to draft an Advice on Evidence
- Be able to demonstrate the achievement of these objectives in relation to a specific case.
Last updated: 6 December 2019