LAW4310 · Trial practice and advocacy

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. You 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 unit include case analysis, development of strategy, trial preparation, presentation skills, ethics, evidence and legal argument. Following a series of introductory lectures, you will participate in small group workshops. During the workshops, you will perform as part of a mock trial; you 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 unit. This unit 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

The Handbook publishes no offerings for this unit.

Assessment

The Handbook lists an examination for this unit.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

Learning outcomes

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 verbally;
3. 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

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.

Student experience, not official rules. Nothing here changes what the Handbook says.