units

LAW7401

Faculty of Law

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Monash University Handbook 2011 Postgraduate - Unit

6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2011

Synopsis

This unit is concerned with the conduct of civil litigation in courts from the Magistrates Court to the Supreme Court. It will focus on development of skills, particularly legal research, awareness and use of learning strategies, oral and written communication, negotiation and advocacy. The specific values which will be addressed are professional values and the recognition and resolution of ethical conflicts

Objectives

At the successful completion of this unit you should be able to:

  1. take full and accurate instructions from your client and pick out the relevant facts from instructions and documents provided
  2. identify and analyse the legal issues
  3. assess the strengths and weaknesses of your client's case and provide clear written advice to your client as well as advice on alternative methods of dispute resolution to achieve the best outcome for the client
  4. identify the procedures for the resolution of civil claims in the various jurisdictions in which you might practice
  5. prepare documents for litigation
  6. prepare and present evidence in a manner most advantageous to your client
  7. comply with the relevant rules of court and practice notes;
  8. address ethical issues that typically arise when you are instructed in a litigation matter.

Assessment

Online version
Letter of advice: 15%
Preparation of pleading: 25%;
Preparation of application: 30%
Short question assessment task: 30%.

Contact hours

Intensive - 27 hours per week for 3 weeks