LEGAL458-19B (HAM)

Advocacy

15 Points

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Division of Arts Law Psychology & Social Sciences
Te Piringa - Faculty of Law
Faculty of Law Dean's Office

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: carolyne.taylor@waikato.ac.nz
: em.pooley@waikato.ac.nz

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Paper Description

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This paper aims to introduce the role of the advocate in society. Participants will develop practical advocacy skills, informed by examination of the function of the advocate in trial and non-trial settings.
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Paper Structure

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This is a practical paper. You will be asked to participate in mock advocacy exercises and class discussions. In general, the Wednesday class will be a more theoretical examination of material and the Thursday class a workshop.

Thursday workshops will be held from 3:00-5:00pm in the Law School Moot Court.

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Learning Outcomes

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Students who successfully complete the course should be able to:

  • Have a critical and practical understanding of the role of the advocate in a range of advocacy settings (trial and non-trial);
    Linked to the following assessments:
  • Understand and critically evaluate the rules of professional conduct and etiquette in advocacy; and
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  • Develop core advocacy skills through practice and reflection including presenting written and oral submissions, developing a theory of the case and presenting it through written and oral evidence (affidavits, briefs of evidence and cross examination);
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  • Understand the role of advocacy in different forums (ie non-court forums) such as negotiation, mediation and Judicial Settlement Conferences .
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  • Understand the key issues that arise pre-trial and post-trial and the importance of trial preparation
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  • Have the tools to continue to learn from their experience in early years of practice.
    Linked to the following assessments:
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Assessment

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Assessment Components

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The internal assessment/exam ratio (as stated in the University Calendar) is 100:0. There is no final exam. The final exam makes up 0% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 100:0 or 0:0, whichever is more favourable for the student. The final exam makes up either 0% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. Witnesses Examination Assessment
40
2. Moot Assessment
6 Sep 2019
5:00 PM
40
  • Online: Submit through Moodle
3. Court Observation
27 Sep 2019
5:00 PM
20
  • Online: Submit through Moodle
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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Required and Recommended Readings

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Required Readings

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Introduction to Advocacy (2nd ed, New Zealand Law Society Continuing Legal Education, Wellington, 2014).

All law students are required to purchase, for use in all law papers, a copy of Coppard, McLay, Murry and Orpin-Dowell New Zealand Law Style Guide (3rd ed, Thomson Reuters, 2018).

Evidence Act 2006 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008

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Recommended Readings

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Anthony Willy and James Rapley, Advocacy (Brookers, Wellington, 2013).
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Online Support

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Online support for this paper is provided via Moodle.
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Workload

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Students should expect to spend 150 hours in total on this paper. In addition to lecture attendance, significant time will need to be spent on background and complementary reading. Students should allow for periods of more-focused research time in the preparation of assignments.
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Linkages to Other Papers

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You must also be enrolled in LEGAL401 , or have already passed, LAWS401-Evidence.

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Prerequisite(s)

Corequisite(s)

Corequisite papers: LEGAL401

Equivalent(s)

Restriction(s)

Restricted papers: LAWS458

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