Units

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Sample subject outline - Semester 1 2013

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

The study of civil procedure is important because it will provide you with the knowledge and skills to resolve disputes through the process of litigation.

Civil Procedure is placed towards the end of your undergraduate law studies because the unit will examine relevant procedural law, ie. the rules which regulate the commencement and carriage of proceedings, and will explore its relationship to substantive law. The subject will also draw on your knowledge of law gained throughout your studies, including contract law and torts. Procedural law cannot be studied in a vacuum, but in most instances requires an understanding of and ability to apply relevant substantive law and statutory interpretation. If you are seeking to develop your knowledge further with the intention of going into general legal practice or being an advocate, you should consider undertaking electives in the General Practice or Advocacy Career Destination Streams - LWB356 Advocacy, LWB361 Drafting, LWB418/419 Competition Moots and LWB498 Dispute Resolution and Non-Adversarial Practice.

Aims

The aim of this unit is to provide you with a knowledge and understanding of procedural law and with skills sufficient to resolve disputes, when necessary, through the process of litigation. The unit also aims to build upon the law graduate capabilities developed in previous law units, in particular effective communication and dispute resolution.

Objectives

At the completion of this unit you should be able to:

(1) identify and explain the processes involved in civil litigation in Queensland and alternative processes for resolution of disputes to demonstrate your understanding of the topics;
(2) critically analyse a procedural law problem using cases and legislation;
(3) apply the main rules and principles that relate to preparation and presentation of civil cases in real world scenarios;
(4) appreciate the dynamics of the civil process;
(5) apply a range of skills relevant in the context of dispute resolution, including legal interviewing skills and the ability to effectively communicate solutions to procedural problems either orally or in writing in a variety of contexts;
(6) draft a range of court documents in the context of the litigation process, complying with good drafting principles and the requirements of the law (legislation, cases and rules of the courts);
(7) appreciate and value the ethical obligations and role of the legal practitioner as an officer of the court and in the context of the dispute resolution process; and
(8) effectively manage your time and prioritise activities in independent and collaborative environments and evaluate and reflect upon your own capabilities (strengths and weaknesses) to utilise this knowledge to maximise effective study and work practices.

Content

The material covered in this unit includes:

• The adversarial system and alternative methods of dispute resolution


• The jurisdiction of courts, transfer and cross-vesting


• Commencing proceedings


• Limitation of actions


• Parties


• Service


• Notice of intention to defend


• Pleading


• Disclosure


• Court applications


• Affidavits
  
• Subpoenas


• Ending proceedings early


• Appeals


• Costs


• Enforcement

This unit further develops the following skills (implicitly or explicitly):

• Critical thinking and legal analysis;


• Problem solving;


• Oral and written communication;


• Legal interviewing and drafting;


• Ethical orientation; and


• Reflective practice and the ability to work independently.

Graduate Capabilities

Your understanding of the unit content and the attainment of these skills will assist you to acquire the following law graduate capabilities:

1. Discipline Knowledge
2. Problem Solving, Reasoning and Research;
3. Effective Communication;
4. Life Long Learning;
5. Work Independently and Collaboratively; and
6. Professional, Social and Ethical Responsibility.

Approaches to Teaching and Learning

This unit is a combination of content and skills that will develop your law graduate capabilities. Therefore the unit is taught through a combination of lectures (to assist your understanding of civil procedure); tutorials (to allow you to practise and develop your skills of communication, legal interviewing, drafting, conferencing and legal problem solving skills); interactive computer tutorials and self-directed learning (requiring you to demonstrate your ability to be an independent learner).

Study Guide
The Study Guide for the unit provides an outline of relevant content, prescribed readings and tutorial exercises for each week of semester.

Lectures
There are ten two hour online lectures as set out in the schedule in the unit's Study Guide all of which will be available on the unit's Blackboard site. The lectures serve as an introduction to the areas addressed, providing an outline of key cases and rules and guides to further reading.

Online Interactive Instruction
In three weeks of the semester(as specified in the Study Guide), you will complete interactive computer-based instructional materials available on the unit's Blackboard site.

Tutorials
There are one hour face-to-face tutorials in weeks 2-13. The tutorial program has been designed to apply, in a practical way, the rules and case law examined in the lectures, online instructional materials and prescribed readings. They will also develop skills, including legal interviewing, conferencing and drafting of court documents.

Optional External Attendance School
Mid-way through the semester there is an optional external attendance school. The optional mid-semester exam is scheduled to take place during the external attendance school.

Assessment

Assessment in this unit is both summative and formative.Formative feedback is designed to provide you with feedback on your understanding of unit concepts and on your ability to demonstrate the graduate capabilities and skills being taught in this unit. In this unit you will receive formative feedback through:

• your tutor in relation to participation in tutorials (internal students);


• completing the online instructional materials (all students);


• individual feedback on your Problem Solving Task (external students);


• feedback on the mid-semester exam immediately after the exam (students selecting this assessment option);


• individual feedback on your Assignment (students selecting this assessment option)


• sample answers on drafting on the unit's Blackboard site after tutorials (all students)


• generic feedback on the unit's Blackboard site; and


• the option of private consultation with a member of the teaching team during student consultation.

Assessment name: Discussion Forum (tutorials)
Description: Internal students will be assessed on their preparation for, participation in and contribution to discussions, analysis, problem solving and skills exercises in tutorials.
Relates to objectives: 1-8
Weight: 15%
Internal or external: Internal
Group or individual: Individual
Due date: Weeks 2-13

Assessment name: Problem Solving Task
Description: External students will submit written answers (maximum 1200 words) to a short problem-based question.
Relates to objectives: 1-7
Weight: 15%
Internal or external: External
Group or individual: Individual
Due date: Week 7

Assessment name: Option A: Mid-Semester Exam
Description: The exam will be open statute only, examining your knowledge of the prescribed reading and concepts of Civil Procedure studied so far. The exam is optional and optimal, therefore you are not required to do the assessment, but if you do, it will only be taken into account if it improves your overall result for the unit at the end of the semester (i.e. if your result in this assesment item is better than your result in the end-of-semester exam).
Due date: For both internal and external students the exam will be held at the external attendance school (See Blackboard site for precise date)
Relates to objectives: 1-4
Weight: 25%
Internal or external: Both
Group or individual: Individual
Due date: See Description

Assessment name: Option B: Assignment
Description: Minor research project to a maximum of 2000 words on a prescribed topic. The topic will be chosen to allow you to critically examine a limited aspect of civil procedure of current relevance. The assignment is optional and optimal, therefore you are not required to do the assessment, but if you do, it will only be taken into account if it improves your overall result for the unit at the end of the semester (i.e. if your result in this assesment item is better than your result in the end-of-semester exam).
Due date: One week after external attendance school (See Blackboard site for precise date)
Relates to objectives: 1-7
Weight: 25%
Internal or external: Both
Group or individual: Individual
Due date: See Description

Assessment name: Examination (written)
Description: Weighting: 60% or 85% (depending on mid-semester optimized exam or assignment.

Open book exam assessing all topics of the unit.
Relates to objectives: 1-8
Weight: 60%
Internal or external: Both
Group or individual: Individual
Due date: Central Exam Period

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Prescribed Materials:
Stephen Colbran et al, Civil Procedure: Commentary and Materials (LexisNexis Butterworths, Sydney: 5th ed, 2012).
Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth).
Jurisdiction of Courts (Cross-Vesting) Act 1987 (Qld).
Service and Execution of Process Act 1992 (Cth).
Uniform Civil Procedure Rules 1999 (Qld).
Civil Proceedings Act 2011 (Qld).

Recommended Reference Materials:
Sheryl Jackson and Julie Pastellas, System@Law Litigator's Toolkit (On-Line Service, Elegals, 1999). This reference can be accessed through the unit's Blackboard site under ¿Learning Resources¿.
Bernard Cairns, Australian Civil Procedure (Thomson Reuters, Sydney: 9th ed, 2011).
Camille Cameron, Terese Henning, and Jill Hunter, Litigation I: Civil Procedure (LexisNexis Butterworths, Sydney: 7th ed, 2005).

Blackboard Site
Online resources for this unit are available on the unit Blackboard site.

Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 14-Feb-2013