Year
2019
Units
4.5
Contact
1 x 10-hour on-line exercises weekly
Prerequisites
^ = may be enrolled concurrently
1 Admission into JD-Juris Doctor
2 ^ LLAW9601 - The Australian Legal System
3 36 units of Level 9 LLAW topics
Must Satisfy: (1 and 2 and 3)
Assessment
Assignment(s), Examination(s), Test(s), Oral
Topic description
Students will learn about the civil justice system and how to conduct civil litigation within it. In that context pre-trial procedural rules governing use of the civil justice system will be studied along with roles of lawyers and their ethical implications.
Educational aims
This topic aims to:

  • enable students to develop their knowledge of procedural principles and pre-trial steps in the conduct of civil litigation
  • encourage students to think about the role and functioning of the civil justice system
  • develop student understanding of the roles of lawyers within the civil justice system along with the ethical implications of those roles
Expected learning outcomes
It is expected that as a result of work in this topic, students will:

  1. demonstrate a knowledge and understanding of:

    (a) the rules of civil procedure in South Australian and Federal jurisdictions;

    (b) the rules of jurisdiction, initiation and service of process, preparation of pleadings, pre-trial proceedings, trials, appeals and enforcement of judgments;

  2. demonstrate ability to:

    (a) understand approaches to ethical decision making;

    (b) recognise and reflect upon, and a developing ability to respond to, ethical issues likely to arise in professional contexts;

    (c) recognise and reflect upon the professional responsibilities of lawyers in promoting justice and in service to the community; and

    (d) exercise professional judgment,

    in the context of dispute resolution;

  3. demonstrate ability to:

    (a) identify and articulate complex legal issues;

    (b) apply legal reasoning and research to generate appropriate jurisprudential and practical responses to legal issues;

    (c) engage in critical analysis and make reasoned and appropriate choices amongst alternatives, and

    (d) demonstrate sophisticated cognitive and creative skills in approaching legal issues and generating appropriate responses,

    in the context of dispute resolution;

  4. demonstrate intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions, as well as to identify, research, evaluate and synthesise relevant factual, legal and policy issues in the context of dispute resolution;

  5. demonstrate ability to:

    (a) communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences; and

    (b) collaborate effectively,

    in the context of dispute resolution.

  6. demonstrate ability to:

    (a) learn and work with a high level of autonomy, accountability and professionalism, and

    (b) reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development.