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The Principles and Practice of Trial and Appellate Advocacy - LAWS3318
Quad

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 4
 
 
EFTSL: 0.08333 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS2321
 
 
Excluded: JURD7313, JURD7418, LAWS3313
 
 
CSS Contribution Charge:Band 3 (more info)
 
 
Tuition Fee:See Tuition Fee Schedule
 
 
Further Information: See Class Timetable
 
 

Description

Students will be introduced by seminars and practical exercises to the key issues and skills required of advocates. Emphasis will be placed on the rule of law and the central place advocates play our legal system; on the great importance of preparation, the basis of virtually all success in any form of litigation; on the necessity to master the rules of evidence and procedure, the advocate’s toolkit; and, finally, the basic courtroom skills.

By the end of the course it is expected that students will have learned the basic techniques of analysing a police brief of evidence and preparing for a short trial as either a prosecutor or a defender. The principle of the case concept or case theory, central to any well-structured case for the prosecution or defence, will be emphasised. Students will learn the skills of preparation not only by examining texts and practical examples but also by conducting their own analyses of a police brief and using other important pre-trial methods and techniques.


Recommended Prior Knowledge

Litigation and Evidence.

Course Objectives

The course will introduce students to, and given them an understanding of:
  • The role of the advocate within the trial process
  • Case concept and preparation
  • The techniques of the trial advocate
  • The interaction between rules of evidence and the examination of witnesses
  • The nature of appellate advocacy

Main Topics

  • The role and conduct of advocates
  • Preparation for trial
  • Examination-in-chief and cross-examination
  • Opening and closing addresses
  • Appeals and sentencing advocacy

Assessment

Course essay and observation notes 40%
Class participation 30%
Practical advocacy exercises 30%
 

Course Texts

Prescribed

  • David Ross QC, Advocacy, Cambridge University Press (Melbourne, 2005)
  • Course study kit

Recommended
Refer to Course Outline provided by lecturer.

Resources

Refer to Course Outline provided by lecturer.

URL for this page:

© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.