Studying online

There are now 2 possible online modes for units:

Units with modes Online timetabled and Online flexible are available for any student to self-enrol and study online.

Click on an offering mode for more details.

Unit Overview

Description

This unit is about proof and persuasion. It is designed for students who are interested in litigation or who want to improve their ability to be persuasive. It focuses on preparation for trial, and encourages rigorous analysis of facts and robust analysis of how a case is proven. It deals with the use of facts, arguments, inferences, stories and generalisations in proving a case. It outlines a practical method for constructing and attacking arguments about disputed questions of fact in a persuasive way. The unit complements other law studies in forensic advocacy and trial procedure.

Credit
6 points
Offering
(see Timetable)
AvailabilityLocationMode
Non-standard teaching periodUWA (Perth)Face to face
Outcomes

Students are able to (1) demonstrate an integrated understanding of (a) how and why legal matters are litigated, (b) the role that laws of evidence play in this process, (c) the legal framework surrounding the way that evidence is gathered and tested; (2) demonstrate an ability to recognise and reflect upon (a) the ethical issues associated with the gathering and use of evidence within the trial process, (b) the reasons as to why people decide to litigate; (3) critically evaluate the theory and regulation of discovery, evidence and proof; and identify, interpret and apply key tools of persuasion in marshalling evidence and constructing and deconstructing a legal case; and (4) prepare and present a coherent and persuasive analysis of a case.

Assessment

Indicative assessments in this unit are as follows: (1) proposition exercise; (2) analysis; and (3) recommendations exercise. Further information is available in the unit outline.



Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.

Unit Coordinator(s)
Anthony Willinge
Unit rules
Prerequisites
Enrolment in
20820 Juris Doctor
and LAWS4101 Foundations of Law and Lawyering and five Unit(s) ( LAWS4102 Criminal Law
, LAWS4103 Contract
, LAWS4104 Property
, LAWS4106 Torts
, LAWS4107 Land Law
, LAWS4108 Foundations of Public Law and ( LAWS4109 Legal Theory and Ethics
or LAWS4110 Interpretation
) )
or for all other students: LAWS3310 Evidence
Incompatibility
LAWS3327 Advanced Evidence and Proof
Approved quota: 60—first come, first serve
Contact hours
Students must attend every day of the intensive period 2 to 5 April 2024. Refer to the timetable website for further information.
  • The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
  • All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
  • Unit readings, including any essential textbooks, are listed in the unit outline for each unit, one week prior the commencement of study. The unit outline will be available via the LMS and the UWA Handbook one week prior the commencement of study. Reading lists and essential textbooks are subject to change each semester. Information on essential textbooks will also be made available on the Essential Textbooks. This website is updated regularly in the lead up to semester so content may change. It is recommended that students purchase essential textbooks for convenience due to the frequency with which they will be required during the unit. A limited number of textbooks will be made available from the Library in print and will also be made available online wherever possible. Essential textbooks can be purchased from the commercial vendors to secure the best deal. The Student Guild can provide assistance on where to purchase books if required. Books can be purchased second hand at the Guild Secondhand bookshop (second floor, Guild Village), which is located on campus.
  • Contact hours provide an indication of the type and extent of in-class activities this unit may contain. The total amount of student work (including contact hours, assessment time, and self-study) will approximate 150 hours per 6 credit points.