Unit Outline

This unit provides a theoretical and practical framework to enable an understanding and application of the skills of advocacy. It provides you with the opportunity to develop a broad range of skills towards all aspects of ethical and effective advocacy as a junior lawyer. Interactive and intended to enhance academic, legal, professional and practical skills, it aims to prepare you as a lawyer in junior civil and criminal practice with the skills and expertise to deal with the type of hearings and situations you will typically encounter in junior practice. The unit combines in an intensive format both formal (courtroom) and informal (including negotiation and dispute resolution) settings, realising that these processes are complementary in modern legal practice and managed concurrently by lawyers. The diverse background of the teaching staff includes the input of members of the Tasmanian legal profession. Students conduct both oral and written advocacy exercises as part of the unit.

Intended Learning Outcomes

As per the Assessment and Results Policy 1.3, your results will reflect your achievement against specified learning outcomes.

On completion of this unit, you will be able to:


1	Apply knowledge and critical analysis of the law to advocate on behalf of a client to achieve the best legal outcome
2	Make oral submissions on behalf of a client in an ethical manner in keeping with the ethical rules as well as observing legal etiquette
3	Use primary and secondary resources to develop legal arguments and conclusions, and present arguments in a coherent and persuasive way on behalf of a client

Requisites


REQUISITE TYPE	REQUISITES
Pre-requisite	LAW218 Criminal Law: Homicide and Other Complex Offences, and LAW229 Criminal Law: Principles and Processes

Alterations as a result of student feedback

How will I be Assessed?

For more detailed assessment information please see MyLO.

Assessment schedule


ASSESSMENT TASK #	ASSESSMENT TASK NAME	DATE DUE	WEIGHT	LINKS TO INTENDED LEARNING OUTCOMES
Assessment Task 1:	Argument Outline	See the MyLO site for the due date	20 %	LO1, LO3
Assessment Task 2:	Advocacy Exercise	See the MyLO site for the due date	30 %	LO1, LO2, LO3
Assessment Task 3:	Oral Submissions	See the MyLO site for the due date	50 %	LO1, LO2, LO3

Assessment details

Assessment Task 1: Argument Outline

Task Description:

Assessment Task 2: Written outline of argument in support of final appellate oral submissions

Students will be assigned a hypothetical case situation involving an appeal – either against a criminal conviction or length of custodial sentence. Students will be required to research the relevant legal issues in their hypothetical case and prepare written arguments on which to base oral submissions to the appeal court. Students will be required to submit their written submissions and will be assessed on the quality of their arguments, their critical analysis of relevant case authority, the use of secondary sources and their ability to frame a logical, coherent and persuasive argument on behalf of their hypothetical ‘client’. Individual feedback and marks will be provided to students within 48 hours of submission and before students are required to present their arguments orally in AT3. The assessment task will be undertaken individually and will be summative in form.

Task Length:

1500 words

Due Date:

See the MyLO site for the due date

Weight:

20 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Logically argue and resolve problems in a written format	LO1, LO3
2	Display understanding and application of the relevant law drawing on legislation, case law and secondary sources	LO1, LO3
3	Use legal citation in accordance with the prescribed Law School style guide	LO1, LO3

Assessment Task 2: Advocacy Exercise

Task Description:

Assessment Task 1: Plea in mitigation advocacy exercise

Students will be assigned a hypothetical case situation and will be required to prepare written arguments on which to base an oral plea in mitigation (either an argument for a lesser offence or for a lower sentence) to a judge or magistrate on behalf of the student’s hypothetical ‘client’. The oral plea will be for no more than 5 minutes. Although students will be expected to prepare written arguments, they will be assessed on the basis of their oral plea. Individual feedback and mark will be provided to students during class hours. The assessment task will be undertaken individually and will be summative in form.

Task Length:

5-minute oral plea in simulated court-room setting

Due Date:

See the MyLO site for the due date

Weight:

30 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Apply relevant legal principles supported by facts to solve issues	LO1, LO3
2	Approach making submissions and any questioning in a logical and structured way	LO2, LO3
3	Present submissions and any questioning in written and oral form	LO2, LO3

Assessment Task 3: Oral Submissions

Task Description:

Assessment Task 3: Final appellate oral submissions

Students will be required to make final appellate oral submissions on the basis of their research and preparation of written submissions for AT2. They will appear before an appellate bench and be subject to judicial questioning about their interpretation and application of relevant legal principles. Students will be assessed on the basis of the quality of their oral submissions: on their familiarity with the hypothetical facts; their ability to craft the best legal arguments for their client; their ability to respond to judicial questioning; and their engagement with the appeal judges. Individual feedback and mark will be provided to students during class hours. The assessment task will be undertaken individually and will be summative in form.

Task Length:

10–12 minutes

Due Date:

See the MyLO site for the due date

Weight:

50 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Apply relevant legal principles supported by facts	LO1, LO3
2	Make submissions and respond to any questioning in a logical and structured way	LO2, LO3

How your final result is determined

To pass this unit, you need to demonstrate your attainment of each of the Intended Learning Outcomes, achieve a final unit grade of 50% or greater, and pass any hurdle tasks.

Academic progress review

The results for this unit may be included in a review of your academic progress. For information about progress reviews and what they mean for all students, see Academic Progress Review in the Student Portal.

Submission of assignments

Where practicable, assignments should be submitted to an assignment submission folder in MYLO. You must submit assignments by the due date or receive a penalty (unless an extension of time has been approved by the Unit Coordinator). Students submitting any assignment in hard copy, or because of a practicum finalisation, must attach a student cover sheet and signed declaration for the submission to be accepted for marking.

Academic integrity

Academic integrity is about acting responsibly, honestly, ethically, and collegially when using, producing, and communicating information with other students and staff members.

In written work, you must correctly reference the work of others to maintain academic integrity. To find out the referencing style for this unit, see the assessment information in the MyLO site, or contact your teaching staff. For more detail about Academic Integrity, see Important Guidelines & Support.

Requests for extensions

If you are unable to submit an assessment task by the due date, you should apply for an extension.

A request for an extension should first be discussed with your Unit Coordinator or teaching support team where possible. A request for an extension must be submitted by the assessment due date, except where you can provide evidence it was not possible to do so. Typically, an application for an extension will be supported by documentary evidence: however, where it is not possible for you to provide evidence please contact your Unit Coordinator.

The Unit Coordinator must notify you of the outcome of an extension request within 3 working days of receiving the request.

Late penalties

Assignments submitted after the deadline will receive a late penalty of 5% of the original available mark for each calendar day (or part day) that the assignment is late. Late submissions will not be accepted more than 10 calendar days after the due date, or after assignments have been returned to other students on a scheduled date, whichever occurs first. Further information on Late Penalties can be found on the Assessments and Results Procedure.