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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 (login required)(opens in new window)
Contact information
Overview
Availability(Quotas apply) | February Semester 1 July 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: 1 March 2024
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 (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 |
LAWS50037 | Evidence and Proof |
Semester 1 (On Campus - Parkville)
July (On Campus - Parkville)
|
12.5 |
LAWS90140 | Disputes and Ethics | Semester 2 (On Campus - 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: 1 March 2024
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
The due date of the above assessment(s) will be available to students via the relevant Assessment Schedule on the LMS Community.
Last updated: 1 March 2024
Quotas apply to this subject
Dates & times
- February
Principal coordinator Gary Cazalet Mode of delivery On Campus (Parkville) Contact hours Total time commitment 144 hours Pre teaching start date 29 January 2024 Pre teaching requirements Pre-teaching materials will be provided via Canvas Teaching period 7 February 2024 to 14 February 2024 Last self-enrol date 30 January 2024 Census date 14 February 2024 Last date to withdraw without fail 1 March 2024 Assessment period ends 11 March 2024 - Semester 1
Principal coordinators David Kim and Nadia Stojanova Mode of delivery On Campus (Parkville) Contact hours Students are expected to attend all sessions whether participating on-campus or remotely. Total time commitment 144 hours Teaching period 26 February 2024 to 26 May 2024 Last self-enrol date 8 March 2024 Census date 3 April 2024 Last date to withdraw without fail 3 May 2024 Assessment period ends 21 June 2024 - July
Principal coordinator Matthew Albert Mode of delivery On Campus (Parkville) Contact hours Total time commitment 144 hours Pre teaching start date 1 July 2024 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 8 July 2024 to 15 July 2024 Last self-enrol date 2 July 2024 Census date 9 July 2024 Last date to withdraw without fail 19 July 2024 Assessment period ends 5 August 2024 - Semester 2
Principal coordinators Elizabeth Hollingworth and Tas Fleming Mode of delivery On Campus (Parkville) Contact hours Total time commitment 144 hours Teaching period 22 July 2024 to 20 October 2024 Last self-enrol date 2 August 2024 Census date 2 September 2024 Last date to withdraw without fail 20 September 2024 Assessment period ends 15 November 2024
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has an enrolment quota of 20 students per offering.
All timely JD elective enrolments are subject to a selection process, which the Academic Support Office will perform after the timely re-enrolment period ends. Late self-enrolment is on a first-in basis up to quota.
Please refer to the Melbourne Law School website for further information about the management of subject quotas.
Last updated: 1 March 2024
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 - 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: 1 March 2024