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LAW SCHOOL
Forensic Advocacy LAWS3366
6 credit points
Unit Outline (Amended)
Non-Standard Teaching Period – N3B 6-8 & 11-12 July 2011
Conducted by
Professor the Hon. George Hampel AM QC with members of the WA Bar
Supported by
International Institute of Forensic Studies
© COPYRIGHT 2006
Monash University – International Institute of Forensic Studies These materials are copyright. Subject to the Copyright Act 1968, they and any part of them may not be reproduced in any material form, performed in public, broadcast, transmitted by subscription, cable service, or adapted without the prior written permission of the International Institute of Forensic Studies. Revised by Prof. the Hon George Hampel AM QC 8 March 2011
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All material reproduced herein has been copied in accordance with and pursuant to a statutory licence administered by Copyright Agency Limited (CAL), granted to the University of Western Australia pursuant to Part VB of the Copyright Act 1968 (Cth). Copy of this material by students, except for fair dealing purposes under the Copyright Act, is prohibited. For the purposes of this fair dealing exception, students should be aware that the rule allowing copying, for fair dealing purposes, of 10% of the work, or one chapter/article, applies to the original work from which the excerpt in this course material was taken, and not to the course material itself. © The University of Western Australia 2001
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CONTENTS
UNIT DESCRIPTION ................................................................................................ 4
CONTACT DETAILS ................................................................................................ 4
TEACHING AND LEARNING STRATEGIES ............................................................ 5
UNIT STRUCTURE AND SCHEDULE ...................................................................... 6
TEXTBOOKS & RESOURCES ............................................................................... 11
ASSESSMENT ....................................................................................................... 11
GENERAL RULES, POLICIES AND PROCEDURES ............................................. 12
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UNIT DESCRIPTION
Introduction
This unit is an introduction to the theoretical and practical questions involved in the administration of partisan justice, the theories and techniques employed in the preparation and presentation of cases in court and the skills required in advocacy in a court or tribunal. Each step of the trial process is studied—the preparation of the trial (as distinct from procedural steps), the opening address, examination, cross-examination and re-examination of witnesses, the tendering of documentary evidence, taking objections, closing address, and submissions on law. The unit is skills-based and is conducted largely by workshops in small groups. Admission to this unit, taught as a one-week intensive course, is restricted by quota. Approved quota: 50—intended for students in the final year of the Bachelor of Laws
Prerequisites
Prerequisites: LAWS3310 Evidence
Learning outcomes
Students acquire advocacy skills in trials and other contexts.
CONTACT DETAILS
Unit Coordinator
Name: Professor The Hon. George Hampel AM QC
Email: [email protected]
Phone: 03 9903 8527
Fax: 03 9903 8504
Consultation hours: By appointment
Lecture Times: See timetable
Lecture Building & Room:
Moot Court, G.06
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TEACHING AND LEARNING STRATEGIES
Expected fundamental skills
This unit assumes that students have already developed certain basic skills. It is expected that students have an adequate command of:
English and related communication skills – students are expected to have very high English language skills and to be able to understand and follow the principles of accepted expression and style.
Information literacy skills – work with computers, whether for word processing or for legal research, are an important aspect of studying law; students are expected to have and to further develop the relevant skills.
If you are not well prepared in any of the above areas you should make every effort to remedy the situation through undertaking additional reading and/or practice. Do not hesitate to ask for advice from your teacher. The University’s Student Learning, Research and Language Skills Service offers assistance in a variety of areas, including writing skills, study skills, examination preparation and stress management. The Service is located on the second floor of the Guild Village, south entrance/exit, and can be contacted
by telephoning 6488 2423 or 6488 2258
via www.studentservices.uwa.edu.au/ss/learning
Charter of student rights and responsibilities
The Charter of Student Rights and Responsibilities sets out the fundamental rights and responsibilities of students and their organisations at UWA. It recognises that excellence in teaching and learning requires students to be active participants in their educational experience. It upholds the ethos that in addition to the University's role of awarding formal academic qualifications to students, the University must strive to instil in all students independent scholarly learning, critical judgement, academic integrity and ethical sensitivity. The Charter also recognises that students are central to a dynamic University community. In doing so, the University recognises the importance of student rights, responsibilities and opinion and encourages diversity within the student body. For the full text of the charter, please refer to http://www.secretariat.uwa.edu.au/home/policies/charter
Student Guild contact details
The University of Western Australia Student Guild 35 Stirling Highway Crawley WA 6009 Phone: (+61 8) 6488 2295 Facsimile: (+61 8) 6488 1041 E-mail: [email protected] Website: http://www.guild.uwa.edu.au
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UNIT STRUCTURE AND SCHEDULE
Class structure
Contact hours—taught intensively in workshop and moot trial form Note: Attendance at all sessions is mandatory.
Day 1
Wednesday, 6th July 2011
SESSION TIME DETAILS
SESSION 1 9.00-0915
WELCOME
COURSE OUTLINE
SESSION 2
0915-1015
Advocacy In The Adversary System
Ethics Of Advocacy
SESSION 3 1015-1100 Fundamentals Of Advocacy
MORNING TEA 1100 – 1120
SESSION 3 (Continued)
1120-1200 Fundamentals Of Advocacy
SESSION 4
1200-1300 Technique:
Examination In Chief
Cross Examination
Lunch and Advocacy Video 1300-1430
SESSION 5
1430-1530 Spot Performances
DPP v Evelyn Cannon
AFTERNOON TEA 1530-1550
SESSION 5
Continued
1550-1650 Case Theory & Demonstrations
DPP v Evelyn Cannon
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DAY 2
THURSDAY 7TH JULY
SESSION TIME DETAILS
SESSION 6 0900 – 1030 PRESENTATION OF
OPENING ADDRESS
ARGUMENT
Nature And Presentation Of Argument
MORNING TEA 1030 – 1050
SESSION 7 1050-1250
Sentencing & Plea In Mitigation
Spot performances -
DPP v Uri Zukov
LUNCH 1250-1335
SESSION 8 1335-1450 Communication Skills In The Courtroom
SESSION 9 1450 – 1535 Applications
Porcine v. Royal Bridgewater Golf Club
An Ex Parte Application for an Injunction
S 3, 4, 5 Present the Application
Performance (7 minutes)
Review (5 minutes)
Discussion
AFTERNOON TEA 1535-1550
SESSION 10 1550 – 1700 Trial: DDP v. Canning
S1 Prosecution Opening 7 mins
S2 Defence Opening 5 mins
S3 Examination in chief – Ms Day 7 mins
S4 Cross examination – Ms Day 6 mins
S5 Examination in chief – Sgt Moore 7 mins
S6 Cross examination – Sgt Moore 6 mins
Discussion
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DAY 3
FRIDAY 8TH JULY
SESSION TIME DETAILS
SESSION 10 (continued)
0900 – 0945
S7 Examination in chief – Canning 7 mins S8 Cross examination – Canning 6 mins S9 Prosecution address 8 mins S10 Defence address 8 mins Review by instructor of each performance – 4 mins
SESSION 11
0945-1045
DPP v Canning
Discussion
Case Theory Demonstrations
SESSION 12
1045-1100
OVERVIEW & CLOSING
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Day 4
Monday, 11th July 2011
Session Time Program
Session 13 0900 – 1050 Examination And Cross Examination
Martin Jackson v FAA Insurance Co Ltd
S1 Examination in chief - White 6 mins
S2 Cross examination - White 6 mins
S4 Examination in chief - Molnar 6 mins
S3 Cross examination - Molnar 6 mins
S6 Examination in chief - Martin Jackson 6 mins
S5 Cross examination – Martin Jackson 6 mins
S8 Examination in chief - Marina Jackson 6 mins
S7 Cross examination - Marina Jackson 6 mins
S9 Examination in chief - Martin Jackson 6 mins
S10 Cross examination - Marina Jackson 6 min
Review by instructor of each performance – 4 min
MORNING TEA 1050 – 1105
Session 14 1105 -1300 Opening and closing addresses
Martin Jackson v FAA Insurance Co Ltd
S9 Prosecution Opening 6 mins
S10 Defence Opening 6 mins
S3 Prosecution Address 6 mins
S4 Defence Address 6 mins
S5 Prosecution Opening 6 mins
S6 Defence Opening 6 mins
S7 Prosecution Address 6 mins
S8 Defence Address 6 mins
S2 Prosecution Address 6 mins
S1 Defence Address 6 mins
Review by instructor of each performance – 4 min
LUNCH 1300 – 1400
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Session Time Program
Session 15 1400 - 1550 Plea In Mitigation – Teller
S10, 9, 8, 7 6 mins each
Injunction – Porters Plumbing
S6 for the applicant 6 mins
S5 for the respondent 6 mins
S4 for the applicant 6 mins
S3 for the respondent 6 mins
S2 for the applicant 6 mins
S1 for the respondent 6 mins
Review by instructor of each performance – 4 min
AFTERNOON TEA 1550 – 1605
Session 16 1605 -1700 Preparation for trial – Adams v Chandler
Day 5
Tuesday, 12th July 2011
Session Time Program
Session 17 0900 -1100
Trial: Adams v Chandler
To be performed in break out groups
Roles and times to be allocated.
MORNING TEA 1100 – 1115
Session 17 continued
1115 -1230 Trial: Adams v Chandler
Continued
LUNCH 1230 - 1330
Session 18 1330 - 1500 Trial judgment
Discussion
Closing of the advocacy course
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TEXTBOOKS & RESOURCES
Unit Website
The electronic version of this Unit Outline can be viewed here http://www.law.uwa.edu.au/students/outlines
Required Reading
Hampel, G. et al. Advocacy Manual: the complete guide to persuasive advocacy: Australian Advocacy Institute 2008 (copies available in the Law Library)
Recommended Reading
Glissan, J. L. Cross-examination Practice and Procedure—an Australian Perspective, 2nd ed.: Butterworths 1991
Hampel, G. and Brimer, E. Hampel on Ethics and Etiquette for Advocates: Leo Cussen Institute 2001
Mauet, T. A. and McCrimmon, L. A. Fundamentals of Trial Techniques, 2nd ed.: Lawbook Co. 2001
Perry, M. Hampel on Advocacy: A Practical Guide to Basics: Leo Cussen Institute 2005
In addition, students are provided with exercise papers and workshop problems which they are expected to have mastered prior to the commencement of the workshops.
ASSESSMENT
This unit is assessed on a pass/fail basis. Note: Attendance at all sessions is mandatory. Supplementary assessment is not available in this unit because the Faculty has been granted an exemption.
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GENERAL RULES, POLICIES AND PROCEDURES
The Law School has a range of rules, policies and procedures that apply to all units unless expressly varied by the unit coordinator. They should be read in conjunction with the unit outline. The general rules, policies and procedures can be found on the Current Students webpage:
http://www.law.uwa.edu.au/students/policies This page contains policies relating to assessment, enrolment and lectopia:
Academic dishonesty, includes the Faculty policy on misconduct
Appeals
Assessment
Assignments
Results and progress status
Special consideration
Lectopia Important Note: Academic dishonesty or misconduct includes cheating, plagiarism, falsifying results, collusion and helping someone else to commit any dishonest act. The penalties for academic dishonesty or misconduct can be severe, including exclusion from the University. Academic dishonesty or misconduct may have to be reported to the authorities responsible for admission to the legal profession, and will be taken into account in deciding whether a person is suitable for admission as a legal practitioner.