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.
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
Topic 5: Concept of relevance
Topic 6: Testimony and legal professional privilege
Topic 7: Documentary evidence
Topic 8: Hearsay and business records
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
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.
Learning outcomes and graduate attributes
|On completion of this unit, students should be able to:||GA1||GA2||GA3||GA4||GA5||GA6||GA7|
|1||demonstrate knowledge of causes and forums||Intellectual rigour||Knowledge of a discipline|
|2||demonstrate knowledge of and implement pre-trial procedure||Intellectual rigour||Knowledge of a discipline|
|3||identify and apply the rules of evidence||Intellectual rigour||Knowledge of a discipline|
|4||demonstrate knowledge of advocacy||Intellectual rigour||Creativity||Knowledge of a discipline|
|5||demonstrate knowledge of and implement post-trial procedure||Intellectual rigour||Knowledge of a discipline|
|6||ability to access legislation and judgments||Intellectual rigour|
|7||ability to extract rules from primary sources.||Intellectual rigour|
- 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): ., ..
Teaching and assessment
Commonwealth Supported courses
For information regarding Student Contribution Amounts please visit the Student Contribution Amounts.
Commencing 2016 Commonwealth Supported only. Student contribution band: 1
Please check the international course and fee list to determine the relevant fees.