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Unit of Study LAW10158 - Introduction to Evidence and Advocacy (2018)

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Unit Snapshot

  • Enrolment information

    N/A

Unit description

Provides paralegal students with a basic understanding of evidence and advocacy in the context of civil procedure in local courts and small tribunals. Students deal with (a) how a civil case is structured (pre-trial procedure), (b) how it is proved in a local court or small tribunal (evidence), (c) how it is presented in such a forum (advocacy), and (d) how a judgement is enforced (post-judgement procedure). The civil case focused on involves a claim to recover a debt in a local court or small-claims tribunal.

Unit content

Causes and forums
Topic 1: Debt and associated causes of action
Topic 2: Trial courts, tribunals and jurisdiction

Civil procedure (Pre-trial)
Topic 3: Procedure leading to a default judgment
Topic 4: Procedure leading to a trial judgment

Evidence
Topic 5: Concept of relevance
Topic 6: Testimony and legal professional privilege
Topic 7: Documentary evidence
Topic 8: Hearsay and business records

Advocacy
Topic 9: Preparing for trial
Topic 10: Running a trial

Civil procedure (Post-judgment)
Topic 11: Examination of a judgment debtor
Topic 12: Other enforcement mechanisms

Availabilities

Location Domestic International
Online Session 2 N/A

Learning outcomes and graduate attributes

Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.

On completion of this unit, students should be able to:

GA1: Intellectual rigour, GA2: Creativity, GA3: Ethical practice, GA4: Knowledge of a discipline, GA5: Lifelong learning, GA6: Communication and social skills, GA7: Cultural competence
Learning outcome count Learning outcome description GA1 GA2 GA3 GA4 GA5 GA6 GA7
1 demonstrate knowledge of causes and forums
2 demonstrate knowledge of and implement pre-trial procedure
3 identify and apply the rules of evidence
4 demonstrate knowledge of advocacy
5 demonstrate knowledge of and implement post-trial procedure
6 ability to access legislation and judgments
7 ability to extract rules from primary sources.

On completion of this unit, students should be able to:

  1. demonstrate knowledge of causes and forums
    • GA1:
    • GA4:
  2. demonstrate knowledge of and implement pre-trial procedure
    • GA1:
    • GA4:
  3. identify and apply the rules of evidence
    • GA1:
    • GA4:
  4. demonstrate knowledge of advocacy
    • GA1:
    • GA2:
    • GA4:
  5. demonstrate knowledge of and implement post-trial procedure
    • GA1:
    • GA4:
  6. ability to access legislation and judgments
    • GA1:
  7. ability to extract rules from primary sources.
    • GA1:

Prescribed learning resources

Prescribed Texts
  • No prescribed texts.

Prescribed Learning Resources may change in future Teaching Periods.