LC4D060 - Litigation and Advocacy 01 Sep 2020 - 31 Aug 2027 | Version 4
Associated Module Information
| Module Code: | LC4D060 | ||
|---|---|---|---|
| Module Title: | Litigation and Advocacy | ||
| Faculty: | Faculty of Business and Creative Industries | ||
| Faculty Group: | Law | ||
| Faculty Sub Group: | Law | ||
| Module Leader: | Adam Collins | ||
| Module Team: | Natalie Quartermaine, Hannah Menard | ||
| First Intended Intake: | SEP 2015 | Final Year of Intake: | |
| Date Closed: | |||
| Credit Value: | 40 | Credit Level: | 7 |
| Language: | English | ||
| Percentage of Module Taught in Welsh: | 0 | ||
| Equivalent Module: | |||
| HECOS codes: | 101323 - dispute resolution | ||
| HECOS Code Weighting: | 100 | ||
Document Version Information
| Version | 4 |
|---|---|
| Valid From | 01 Sep 2020 |
| Valid To | 31 Aug 2027 |
Module Aims
In relation to the Litigation element students should:
* understand the nature of civil and criminal litigation.
* be able to identify the critical steps in the process of litigation.
* develop a good understanding of the basic procedural principles necessary for the effective conduct of a civil or criminal case and the impact of the rules of professional conduct on such a case.
* develop an understanding of the key evidential rules which impact on a civil or criminal case.
* develop proficiency in both oral and written skills they will need to deal with a civil or criminal case in practice.
In relation to the Advocacy element, to enable students to develop the ability to:
* prepare, structure and deliver a variety of criminal applications effectively before the magistrates court.
* prepare, structure and deliver a variety of interim applications effectively in the county or high court.
* engage in preparatory research to gain an understanding of the relevant law, practice and procedure applicable to a variety of applications.
* apply their knowledge to advance case materials to formulate and to deliver structured arguments to a District Judge via oral submissions.
The module aims to encourage students to engage in a reflective learning experience throughout the module via “learning by doing”.
Content Summary
For the Criminal Litigation element the module will consider:
* the key rules of criminal evidence.
* the impact of the rules of professional conduct on the handling of a criminal case.
* dealing with clients detained at the police station.
* procedures of the criminal courts from first appearance to sentencing.
* juveniles in the criminal justice system.
For the Civil Litigation element the module will consider:
* the concepts of the legal profession and lawyer’s professional conduct duties.
* Understanding the composition, administration and jurisdiction of the Civil Courts including
the specialist sections of the courts’ system.
* Sources of procedural law, the Overriding Objective and the impact of the Human Rights Act
* The Court’s Case management Functions
* Pre-action and initial steps of a Civil Claim
* Track allocation , case management and interim applications
* The use of civil evidence.
* Civil trials and related matters
With regard to Advocacy the module will engage students in practical tasks designed to develop the skills of case analysis and preparation essential for carrying out effective advocacy. Students will:
* identify and analyse the relevant facts, the legal context in which the factual issues arise, and how they relate to each
other;
* summarise the strengths and weakness of the case from each party’s perspective;
* prepare the legal framework of the case, and a simple narrative outline of the facts;
* prepare the submission as a series of propositions based on the evidence; and
* identify, analyse and assess the purpose and tactics of advocacy.
Students will engage in practical oral advocacy exercises designed to enable them to develop:
* the specific communication skills and techniques required of a presenting advocate; and
* an understanding of the ethics, etiquette and conventions of advocacy.
Learning and Teaching Methods
| Activity Type | Hours |
|---|---|
| Lecture | 48 |
| Seminar | 48 |
| Independent Study | 200 |
| Directed Study | 200 |
| Formative Assessment - Scheduled | 4 |
| Total Hours Selected | 500 |
Learning Outcomes
| # | Learning Outcome |
|---|---|
| LO1 | <strong>Advocacy</strong>Learning Outcome 1: To be able to formulate and present a coherent submission based upon facts, general principles and legal authority in a structured, concise and persuasive manner.<br />Learning Outcome 2: Understand the importance of advocacy preparation and the best way to undertake it.<br />Learning Outcome 3: Understand the basic skills in the preparation of cases before courts and tribunals. |
| LO2 | <strong>Civil Litigation</strong>Learning Outcome 1: To identify the appropriate forum for the resolution of the dispute, including appropriate methods of alternative dispute resolution<br />Learning Outcome 2: To identify possible cost consequences of different outcomes, the effect of the different costs rules and the impact of the likely costs orders on the conduct of litigation<br />Learning Outcome 3: To demonstrate an understanding of the Civil Procedure Rules, the overriding objective,<br />and their application<br />Learning Outcome 4: To demonstrate an understanding of the court’s role in the litigation process, in particular the court’s case management powers and duties<br />Learning Outcome 5: To identify steps to be taken prior to commencement and be able to issue, serve and respond to claim forms<br />Learning Outcome 6: To advise on interim applications, prepare and conduct applications to the master or<br />district judge<br />Learning Outcome 7: To understand the steps needed to prepare the case for trial and the procedure and<br />evidential issues arising from expert witnesses, witnesses of fact and disclosure, and demonstrate an awareness of the basic elements of trial procedure<br />Learning Outcome 8: To demonstrate an awareness of the mechanisms which are available to enforce and appeal a judgment<br />Learning Outcome 9: To prepare the appropriate documentation and draft claim forms, particulars of claim,<br />defences, application notices, orders and witness statements |
| LO3 | <strong>Criminal Litigation</strong>Learning Outcome 1: To demonstrate knowledge, understanding and skills in the area of Criminal Litigation and of professional conduct and regulation in the context of Criminal Litigation.<br />Learning Outcome 2: To identify any issues relating to the admissibility of evidence, recognise the impact evidential rules may have on the outcome of a case and advise a client on the basis of the evidence on the strength or weakness of the case.<br />Learning Outcome 3: To identify and analyse the possible courses of action available to a client and be able to advise on the benefits and risks of each option.<br />Learning Outcome 4: To demonstrate an understanding of the Criminal Procedure Rules, their overriding objective, and their application and an understanding of the court’s role in the litigation process, in particular the court’s case management powers and duties.<br />Learning Outcome 5: To demonstrate an understanding of procedures at the police station including the role of the suspect’s legal representative and the role of the custody officer and be able to advise a suspect in relation to those procedures, e.g. police interviews and identification procedures.<br />Learning Outcome 6: To explain to a suspect his/her rights under PACE and advise on the application of those rights.<br />Learning Outcome 7: To identify the steps involved in making an application for a representation order and assist a client in applying for such an order.<br />Learning Outcome 8: To identify the relevant issues in making or contesting a bail application and advise on the availability of bail and relevant conditions.<br />Learning Outcome 9: To identify the practical and tactical considerations involved in determining the mode of trial, including an awareness of the range of sentences available, and advise the client accordingly.<br />Learning Outcome 10: To assist in the preparation and conduct of a summary trial, committal proceedings and a trial on indictment, e.g. by drafting a brief to counsel, identifying relevant factors in relation to mitigation of sentence<br />Learning Outcome 11: To demonstrate an understanding of the position of juveniles in the criminal justice system. |
Module Requisites
N/A
Assessment Criteria
| Assessment Category | Assessment Type | Description | Duration | Word Count | Weight (%) | Best of? | Pass Mark |
|---|---|---|---|---|---|---|---|
| Synchronous Onsite Oral Assessment | Oral Assessment (Internally assessed, Onsite) 1 | Advocacy | 10 | N/A | 10 | No | 50 |
| Synchronous Onsite Assessment (Exam) | Onsite Open Book Examination 2 | Exam (Civil) | 150 | N/A | 45 | No | 50 |
| Synchronous Onsite Assessment (Exam) | Onsite Open Book Examination 1 | Exam (Criminal) | 150 | N/A | 45 | No | 50 |
Assessment Matrix
| Assessment Type | Learning Outcomes | ||
|---|---|---|---|
| LO1 | LO2 | LO3 | |
| Oral Assessment (Internally assessed, Onsite) 1 | ✘ | ✘ | ✘ |
| Onsite Open Book Examination 2 | ✘ | ✘ | ✘ |
| Onsite Open Book Examination 1 | ✘ | ✘ | ✘ |