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Campus: Kensington Campus
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Career: Undergraduate
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Units of Credit: 6
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Indicative Contact Hours per Week: 4
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Enrolment Requirements:
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Pre-requisites: LAWS1001 and LAWS1011
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Description
In combination with Litigation 2, which deals with the laws of evidence, Litigation 1 introduces students to the rules and practices governing the major court-supervised processes which are typically involved in litigation. The course addresses the social policies which underlie the rules as well as their practical operation. Litigation 1 deals principally with the pre-trial phase of both civil and criminal litigation. In the latter area it builds on knowledge developed in Criminal Law.
Recommended Prior Knowledge
None
Course Objectives
- To establish a basic knowledge of the doctrine, principles and rules relating to pre-trial procedure in both civil and criminal litigation. Students will be provided with structured opportunities to acquire a functioning and contextual knowledge of law and legal institutions and intellectual skills of analysis, synthesis, critical judgment, reflection and evaluation
- To foster personal and professional values gained from an understanding and sensitivity to a variety of related ethical, social, economic, political and justice issues affecting the formal resolution of criminal and civil matters
- To foster students' critical analytical skills and enhance their understanding from a social justice orientation of pre-trial related practice issues
- To provide students with the opportunity to actively engage in the learning experience through classroom discussions. This enhances their ability to critically evaluate trial processes from legal and social justice perspectives. It also enhances challenging their assumptions and beliefs
Main Topics
- Introduction to civil procedure, including the characteristics of the Common Law and Civil Law systems
- Commencing a Case: considerations in beginning litigation; issue and service or originating process; preliminary discovery and preliminary remedies
- Issues relating to joining multiple parties and causes of action; class (or group) actions: note students will be expected to apply both NSW and Federal law in this area
- The basic rules and practices of pleading
- The legal principles governing rectification of mistakes and amendments to pleadings
- Procedures for gathering evidence before trial, including discovery and interrogatories
Criminal Procedure:
- Discussion of the relevance of criminal justice issues to the pre-trial process
- Police powers to question and investigate prior to and after arrest
- The legal principles governing arrest and the treatment of arrested persons or suspects prior to trial
- The legal principles governing the issue of warrants, in particular search warrants
- The legal principles governing the search of persons and premises
- The admissibility of confessional evidence
- An introduction to criminal pleading
Assessment
2 examinations - 50% each.
Course Texts
- Hunter J, Cameron C. & Henning Litigation I & II: Evidence and Criminal Process (7th ed) LexisNexis Butterworths (2005)
- Hunter J, Cameron C. & Henning Litigation I: Civil Procedure (7th ed) LexisNexis Butterworths (2005)
Recommended
The text book is supplemented by materials which update and expand on the text, and contain additional statutory material. These are available for purchase through the UNSW bookshop. They can also be downloaded from the subject web site. Resources
Refer to Course Outline provided by lecturer.
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