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Online Session 2 N/A

Unit Summary

Unit type

UG Coursework Unit

Credit points

12

AQF level

7

Level of learning

Intermediate

Former School/College

Former School of Law and Justice

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.

GA1: , GA2: , GA3: , GA4: , GA5: , GA6: , GA7:
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:

  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 texts

  • No prescribed texts.
Prescribed texts may change in future teaching periods.