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Hobart

Note:

Please note, this unit is only available to students approved for study in the Prosecution Practice specialisation of R4C Bachelor of Arts with Professional Honours. For further information, please contact dpfem.enquiries@utas.edu.au.

Introduction

This unit is designed to prepare students appear as an advocate in the magistrate's court on behalf of the Department of Police and Emergency Management. The unit includes instruction on legal literacy and research skills, court etiquette, written and oral advocacy and on being an ethical advocate.

Students are first introduced to essential skills in conducting legal research and solving legal problems. They will study the formal structure of legislation and cover basic principles of statutory interpretation. Students will also become familiar with the structure of court decisions and consider formal rules relating to citing statute and cases in court. Following this, students will embark on their study of advocacy. They will consider the basic rules and principles of being an advocate, including the etiquette and ethics of appearing in court. They will study the skills of conducting summary trials and associated applications in the magistrate's court, including: trial preparation; opening and closing addresses; the stages of evidence and making oral and written submissions.

Each aspect of this unit is building towards the students' attendance at a one week advocacy intensive that is conducted in the final week of the unit. It is here that the skills learnt will be practised and assessed. Students will participate in a range of 'moot' activities in a simulated courtroom, including conducting bail oppositions, leading evidence and cross-examination, making oral submissions and preparing written submissions. During this week, students will receive practical instruction, guidance and feedback from course lecturers, as well as a range of experienced legal practitioners and judicial officers.

Summary 2021

Unit name Legal Research & Advocacy
Unit code LAW706
Credit points 12.5
Faculty/School College of Arts, Law and Education
Faculty of Law
Discipline Law
Coordinator

Dr Caroline Spiranovic

Teaching staff

Available as student elective? No
Breadth Unit? No

Availability

Note

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TNE Program units special approval requirements.

* The Final WW Date is the final date from which you can withdraw from the unit without academic penalty, however you will still incur a financial liability (see withdrawal dates explained for more information).

About Census Dates

Learning Outcomes

  1. Demonstrate competency in the use of legal resources, including online legal databases http://www.austlii.edu.au and http://www.thelaw.tas.gov.au
  2. Identify legal issues arising in facts of summary criminal prosecutions
  3. Find, interpret and apply the law in order to construct legal arguments and problem solve.
  4. Demonstrate practical skills and applied knowledge of summary court procedure and etiquette and the principles of ethical advocacy.
  5. Demonstrate an understanding of, and the ability to perform the role of a police prosecutor in court proceedings.

Fees

Requisites

Prerequisites

LAW704 and LAW705

Co-requisites

Teaching

Teaching Pattern

On-campus attendance is required for a one week advocacy intensive. Date TBC.

Assessment

Task 1: Legal Research Quiz, 2 hours (15%)

Task 2: Report, 1500 words (20%)

Task 3: Court Room Advocacy Presentation (45%)

Task 4: Oral Submissions (20%)

TimetableView the lecture timetable | View the full unit timetable

Textbooks

Required

David Ross QC, Advocacy (2nd edition, 2007)

Tom Gray, Martin Hinton and David Caruso (eds), Essays in Advocacy (2012)

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