LAWGENRL 434 : Trial Advocacy

Law

2023 Semester Two (1235) (15 POINTS)

Course Prescription

Examines the principles of trial advocacy in both civil and criminal cases; practical instruction; related procedural, tactical and ethical issues.

Course Overview

This course will introduce you to the techniques of trial advocacy.
Using methods by which barristers are taught advocacy skills at the Inns of Court in the UK and the Australian Advocacy Institute, you will learn and practise skills such as: principles of persuasion; rules of court conduct and etiquette; applications to the court; opening speeches; examination-in-chief; cross-examination; re-examination; closing speeches; and the drafting of related court documents.
You will learn some of the skills that help you be a valuable junior lawyer in court.

You will learn and perform the skills in class and in groups, critiquing others and being critiqued. The course will require constant and active participation in class. You will learn to give and receive feedback, and be encouraged to reflect on it and learn from it.
Your lecturer is a civil practitioner - https://www.shortlandchambers.co.nz/barristers/nic-scampion - so the course will have a civil focus, but many of the skills will also be transferable to criminal practice.

There will be guest speakers from the litigation profession - likely from the ranks of KCs and the judiciary.
Assessment will be through the performance of exercises during the course, such as the examination of witnesses and making applications or submissions to the court, the drafting of court documents, and an individual research essay on a topic related to trial advocacy.
Because this class involves in-class practical exercises and peer review, numbers on this course will be strictly limited. In-person attendance is required.

Course Requirements

Prerequisite: LAW 301, 306 Corequisite: LAWGENRL 401 Restriction: LAW 347, 410, LAWGENRL 420, LAWHONS 707

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Demonstrate some of the core trial advocacy skills. (Capability 1.2, 1.3, 2.1, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2, 4.3 and 5.1)
  2. Articulate and apply key legal principles and concepts, evaluating options, reaching reasoned solutions, making reasoned recommendations, and explaining them. (Capability 1.2, 1.3, 2.1, 2.3, 3.1, 3.2, 3.3, 4.2 and 5.1)
  3. Understand and appropriately apply different trial advocacy strategies and tactics, and prepare effectively for different aspects of trial advocacy. (Capability 2.1, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2, 4.3 and 5.1)
  4. Apply sound reflective, research and analysis techniques, to both written and oral communication. (Capability 2.1, 2.2, 3.1, 4.1, 4.2 and 5.1)
  5. Demonstrate effective groupwork, and give (and receive) helpful and constructive feedback. (Capability 4.1, 4.2, 4.3 and 5.1)

Assessments

Assessment Type Percentage Classification
Class contribution and participation exercises 25% Group & Individual Coursework
Research essay 25% Individual Coursework
Written submission 15% Individual Coursework
Practical assessment 35% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5
Class contribution and participation exercises
Research essay
Written submission
Practical assessment

In-class participation / workshops will likely form the bulk of the sessions, and some of them will be assessed, so class attendance will be necessary.

Workload Expectations

This is a standard 15-point course. There will be around 36 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 150 hours.

Delivery Mode

Campus Experience

Attendance is required at scheduled activities including practical sesions to receive credit for components of the course.
The course is taught through lectures and exercises, between 5.30pm and 8.30pm. Careful preparation will be necessary for each session. Some of the sessions – only those few that lend themselves to it – will be recorded but the in-class participation / workshops will not, so attendance is required.  The final practical assessment will be in person. 

Learning Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

A new course so no previous feedback available. 

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Published on 28/10/2022 02:35 p.m.