Availabilities:
Not currently available in 2020
Unit Summary
Unit type
UG Coursework Unit
Credit points
12
AQF level
Level of learning
Intermediate
Former School/College
Pre-requisites
Must have completed LAW00051 - Legal Research and Writing AND LAW10157 - Australian Legal System
Anti-requisites
Not available for students admitted to an LLB course.
Unit aim
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
Learning outcomes
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 | 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:
-
demonstrate knowledge of causes and forums
- GA1:
- GA4:
-
demonstrate knowledge of and implement pre-trial procedure
- GA1:
- GA4:
-
identify and apply the rules of evidence
- GA1:
- GA4:
-
demonstrate knowledge of advocacy
- GA1:
- GA2:
- GA4:
-
demonstrate knowledge of and implement post-trial procedure
- GA1:
- GA4:
-
ability to access legislation and judgments
- GA1:
-
ability to extract rules from primary sources.
- GA1: