Availabilities:
| Location | Domestic | International |
|---|---|---|
| Online | Session 2 | N/A |
Unit Summary
Unit type
UG Coursework Unit
Credit points
12
AQF level
Level of learning
Intermediate
Former School/College
Pre-requisites
LAW10157 - Australian Legal System OR LAW00150 - Introduction to Business Law
Anti-requisites
3007083 - Bachelor of Laws AND 3206101 - Bachelor of Arts, Bachelor of Laws AND 3206102 - Bachelor of Business, Bachelor of Laws AND 3206105 - Bachelor of Sport and Exercise Science, Bachelor of Laws AND 3206108 - Bachelor of Music, Bachelor of Laws AND 3706100 - Bachelor of Laws AND 3207006 - Bachelor of Social Science, Bachelor of Laws
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:
Prescribed texts
- There are no prescribed textbooks for LAW10158. (Students can cover the material sufficiently by reading the Study Guide and the websites and other resources referenced in it): ., ..