LAW4310 Trial practice and advocacy
Faculty of Law
LAW4310 Trial practice and advocacy is a level 4, 6-credit-point, undergraduate unit from the Faculty of Law, offered in 2020 in Semester 2 at Clayton. It has no prerequisites.
- Credit points
- 6
- Offered in 2020
- Semester 2
- Clayton
- Assessment
- Exam 40%
- and 3 other tasks
- Workload
- 144 hours
- per semester
This is the 2020 handbook entry. See the 2027 entry.
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Requisites
Before LAW4310
No prerequisites or corequisites besides the enrolment rules below.
After LAW4310
No unit lists LAW4310 as a prerequisite in the 2020 handbook.
Enrolment rules
Prerequisites: For students who commenced before 2015: LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW3300 or LAW3301 and LAW3302
For students who commenced in 2015 or after: LAW1111, LAW1112, LAW1113, LAW1114, LAW2101, LAW2102, LAW2111, LAW2112, and LAW4332
Overview
The presentation of a court trial requires a broad, complex and diverse range of skills, including the ability to develop and then present a persuasive case theory. This unit focuses on the development of those specialised skills and expert judgement needed for this aspect of legal practice. Students will learn to evaluate how the factual and evidentiary foundations of a case relate to the legal result. The theory covered and skills practised in this course include case analysis, development of strategy, trial preparation, presentation skills, ethics, evidence and legal argument.
Following a series of introductory lectures, students will participate in small group workshops.During the workshops, students will perform as part of a mock trial; students will present an opening statement, conduct an examination in chief, cross-examine a witness and present a closing address. During these workshops, individualised feedback is provided. These workshops are also ideal as examination preparation as they mirror the assessment tasks set for this course.
This course will be of benefit not only to students who are contemplating practice at the Bar, or as solicitor advocates, but also to those who want to build confidence in their public speaking
Offerings in 2020
| Teaching period | Campus | Mode |
|---|---|---|
| Second semester | Clayton | On campus |
Assessment
- Written Outline of Argument (1000 words)20%
- Opening statement (5 minute oral presentation)20%
- Examination in Chief (5 minute oral presentation)20%
- Cross examination (5 minute oral presentation)20%
- Closing address (5 minute oral presentation)20%
Learning outcomes
When you finish this unit, you should be able to:
- 1
demonstrate knowledge of the role of the advocate in the adversarial system of justice including some of the ethical duties of an advocate;
- 2
construct a comprehensive and persuasive case theory and be able to communicate it both verbally and in writing;
- 3
be able to apply some fundamental rules of evidence and fairness;
- 4
demonstrate a basic understanding of advocacy skills and techniques;
- 5
confidently present the facts and oral arguments to a court.
Workload and teaching
- Workshops14 hours
- Lectures10.5 hours
- Teaching approachActive learning
Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.
Learning resources
Required resources
See the Moodle unit page for prescribed and recommended resources. Prescribed texts are usually available for purchase through the University Bookstore and are sometimes available for short-term loan or as eBooks through the library.
Contacts
- Chief Examiners
- Dr Jacqui Horan
Common questions
What are the prerequisites for LAW4310?
LAW4310 has no prerequisites, but enrolment rules apply.
When is LAW4310 offered?
In 2020, LAW4310 runs in Semester 2 at Clayton.
How much work is LAW4310?
The handbook expects about 144 hours of study across the semester. No students have rated its difficulty yet.
Does LAW4310 have an exam?
Yes. The exam is worth 40% of the final mark, alongside 4 other tasks.