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Advocacy (LAWS50055)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
Availability(Quotas apply) | Summer Term Semester 1 Semester 2 |
---|---|
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;
- Communicate ideas, theories, information and arguments to a tribunal of fact or law.
- Independently develop solutions to those problems; and
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)
April (On Campus - Parkville)
|
12.5 |
LAWS50024 | Principles of Public Law |
Semester 1 (On Campus - Parkville)
June (On Campus - Parkville)
|
12.5 |
LAWS50025 | Torts |
November (On Campus - Parkville)
Semester 1 (On Campus - Parkville)
|
12.5 |
LAWS50026 | Obligations |
May (On Campus - Parkville)
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 |
November (On Campus - Parkville)
Semester 2 (On Campus - Parkville)
|
12.5 |
LAWS50037 | Evidence and Proof |
July (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 |
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
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
Description | Timing | Percentage |
---|---|---|
100% class attendance Hurdle requirement | Throughout the teaching period | N/A |
Trial preparation document
| 25% | |
Trial performance | 50% | |
Reflective report
| 25% |
Additional details
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 13 January 2020 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 10 February 2020 to 20 February 2020 Last self-enrol date 17 January 2020 Census date 10 February 2020 Last date to withdraw without fail 14 February 2020 Assessment period ends 28 February 2020 - Semester 1
Coordinator Gary Cazalet Mode of delivery On Campus (Parkville) Contact hours 36 hours Total time commitment 144 hours Teaching period 2 March 2020 to 7 June 2020 Last self-enrol date 13 March 2020 Census date 30 April 2020 Last date to withdraw without fail 5 June 2020 Assessment period ends 3 July 2020 - Semester 2
Principal coordinator Gary Cazalet Mode of delivery On Campus (Parkville) Contact hours 36 hours Total time commitment 144 hours Teaching period 3 August 2020 to 1 November 2020 Last self-enrol date 14 August 2020 Census date 21 September 2020 Last date to withdraw without fail 16 October 2020 Assessment period ends 27 November 2020
Additional delivery details
This subject has an enrolment quota of 60 students (20 students per offering).
Enrolments occur on a first come, first served basis up to quota, except for the timely re-enrolment period. Timely enrolments enter a selection process, and unsuccessful enrolments are withdrawn.
Please refer to the Melbourne Law School website for further information about the management of subject quotas.
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