Litigation 1 examines civil pre-trial procedure and criminal pre-trial procedure. Civil procedure focuses on Supreme Court actions and topics such as the legal constraints relating to who may be a party to an action, the types of process for initiating a case, pleading rules, serving court process, discovery and exchange of information between parties. Supreme and Federal Court Rules are examined to determine the extent to which they facilitate just, accurate and speedy resolution of disputes. The course examines problems of delay and cost in litigation with particular reference to alternative dispute resolution mechanisms, case management initiatives and the courts increasing control over the pre-trial litigation process.

Criminal pre-trial procedure involves an examination of the law (and related policing issues) associated with arrest, warrants, search of the person and of premises, police questioning of suspects, the admissibility of illegally obtained evidence and the fundamentals of drafting indictments and informations. Comparisons are drawn between the civil and the criminal pre-trial processes on many issues.