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Advocacy (LAWS50055)
Graduate coursework level 5Points: 12.5Online and Dual-Delivery (Parkville)
Please refer to the return to campus page for more information on these delivery modes and students who can enrol in each mode based on their location.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Overview
Availability(Quotas apply) | Summer Term - Online Semester 1 - Online Semester 2 - Dual-Delivery |
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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
All of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50025 | Torts | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50026 | Obligations | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50028 | Constitutional Law | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
LAWS50031 | Legal Theory |
Semester 2 (Dual-Delivery - Parkville)
November (Dual-Delivery - Parkville)
|
12.5 |
LAWS50037 | Evidence and Proof |
July (Dual-Delivery - Parkville)
Semester 1 (Dual-Delivery - Parkville)
|
12.5 |
LAWS90140 | Disputes and Ethics | Semester 2 (Dual-Delivery - Parkville) |
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 |
---|---|---|
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 - Online
Coordinator Gary Cazalet Mode of delivery Online Contact hours 36 hours Total time commitment 144 hours Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 15 February 2021 to 22 February 2021 Last self-enrol date 16 February 2021 Census date 19 February 2021 Last date to withdraw without fail 22 February 2021 Assessment period ends 26 February 2021 - Semester 1 - Online
Coordinator Gary Cazalet Mode of delivery Online Contact hours 36 hours Total time commitment 144 hours Teaching period 1 March 2021 to 30 May 2021 Last self-enrol date 12 March 2021 Census date 31 March 2021 Last date to withdraw without fail 7 May 2021 Assessment period ends 25 June 2021 - Semester 2 - Dual-Delivery
Principal coordinator Gary Cazalet Mode of delivery Dual-Delivery (Parkville) Contact hours 36 hours Total time commitment 144 hours Teaching period 26 July 2021 to 24 October 2021 Last self-enrol date 6 August 2021 Census date 31 August 2021 Last date to withdraw without fail 24 September 2021 Assessment period ends 19 November 2021
Additional delivery details
This subject has an enrolment quota of 20 students per offering.
Confirmation of your enrolment is subject to the JD quota elective process. Please refer to Melbourne Law School's website for details.
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 via the LMS.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - Links to additional information
- 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