LAWS8161 Advocacy for Military Lawyers
LAWS8161 is only available under certain award programs.
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Offered By
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Legal Workshop
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Academic Career
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Graduate Coursework
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Course Subject
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Laws
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Offered in
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Spring Session, 2013 and Spring Session, 2014
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Unit Value
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6 units
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Course Description
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This course aims to provide the ADF Legals' Officer Special Career Structure (LOSCR) with the military advocacy law component of Legal Training Module 2. This is the educational requirement for ADF Legal Officers to qualify for legal competency level LL3 under the LOSCR approved by the Defence Force Remuneration Tribunal.
A student who has successfully completed the course should have:
- a thorough understanding of the role of ADF Legal Officers in military advocacy
- an understanding of the process of marshalling information in a Military Court environment
- an understanding of the process of adducing information and the legal context for it
- an understanding of the factors to be considered in presentation and of the reasons for them
- the ability to demonstrate the desired attributes of a military advocate.
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Learning Outcomes
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A participant who has successfully completed this course should:
- Be competent in case analysis to identify issues of fact and law that are likely to arise at a hearing.
- Be able to explain the steps to prepare a witness to give evidence, including responding to the knowledge, physical and emotional needs of the witness, explaining the team nature of evidence-in-chief, anticipating likely lines of cross-examination, and the witness being able to give indications of re-examination topics.
- Demonstrate competence in examining their own witnesses (chief and re-examination) by: settling their witness; showing prioritisation of topics; correct question method; avoidance of objectionable questions; appropriate response to objections; appropriate position, voice speed and tone; mastery of ‘picture building'; and, repetitive, reinforcing techniques.
- Demonstrate competence in cross examination by: correct question method; meeting ‘puttage' rule; appropriate and variable position, voice speed and tone; ability to change tack in response to answers; making and responding to objections; making argument through questions; and, impeachment technique.
- Demonstrate effective use of mixed spoken and written submissions (opening, closing, and sentencing).
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Indicative Assessment
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To satisfy Defence's competency requirements:
- 100% practical advocacy exercises during intensive.
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Workload
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Five day intensive seminar with on-line communications before and after.
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Areas of Interest
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Law
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Prescribed Texts
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Selby, H. Advocacy, Preparation and Performance, Federation Press, 2009.
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Programs
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Graduate Diploma in Military Law and Graduate Diploma in Military Law
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Academic Contact
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Hugh Selby
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The information published on the Study at ANU 2013 website applies to the 2013 academic year only. All information provided on this website replaces the information contained in the Study at ANU 2012 website.