Module title: Advocacy

SCQF level: 09:
SCQF credit value: 20.00
ECTS credit value: 10

Module code: LAW09126
Module leader: Duncan Spiers
School The Business School
Subject area group: Accountancy Finance and Law
Prerequisites

Criminal Law (LAW07108), Obligations (LAW08109) and Evidence (LAW09112).

Examples of Equivalent Learning: Law Society of Scotland professional examinations in criminal law, delict and evidence or equivalent.

2018/9, Trimester 2, Face-to-Face, Edinburgh Napier University
Occurrence: 001
Primary mode of delivery: Face-to-Face
Location of delivery: CR
Partner: Edinburgh Napier University
Member of staff responsible for delivering module: Duncan Spiers
Module Organiser:


Learning, Teaching and Assessment (LTA) Approach:
Learning & Teaching methods including their alignment to LOs
This module will be taught partly by way of participation in seminars, demonstrations, and practical sessions designed to allow you to understand and analyse the main principles underlying legal argumentation and presentation. You will be required to undertake directed reading in order to be able to participate fully. In addition, tutorials will allow for particular topics and skills to be analysed in greater depth. You will be required to give an oral presentation in groups on a particular problem to encourage independent learning and also the encouraging of work in a team setting. The presentation will be assessed, providing you with formative and summative feedback.

Embedding of employability/PDP/Scholarship Skills
Students will be required to undertake independent research and reading for seminars and presentations using online and library resources.
Group work: Students will be required to work in groups on seminar presentations.
Communications: Both written and oral communication skills will be assessed in seminar contributions, presentations and in coursework submissions.
Students will be required to understand the wider context of legal practice enabling them to identify the skills which they have developed and demonstrated in seminars and presentations.

Assessment (formative or summative)
Each student will be required to give a group presentation on a relevant topic (formative and summative). The presentations will last for 15 minutes, allowing students to demonstrate their learning on a particular problem task. This will be supported by thee first piece of written coursework in the form of written submissions of no more than 1,000 words in length (formative and summative). Both the oral presentation and first written coursework will be given/submitted in week 8.

A second coursework submission of approximately 2,000 words will be required on a problem situation which will be prov

Formative Assessment:
On-going formative assessment on student progress will be given during classes

Summative Assessment:
Assessments for this module are reflected in section 17.

Student Activity (Notional Equivalent Study Hours (NESH))
Mode of activityLearning & Teaching ActivityNESH (Study Hours)
Face To Face Lecture 24
Face To Face Tutorial 12
Independent Learning Guided independent study 164
Total Study Hours200
Expected Total Study Hours for Module200


Assessment
Type of Assessment Weighting % LOs covered Week due Length in Hours/Words
Oral Presentation 25 1,3,& 5 8 HOURS= 0.25, WORDS= 0
Essay 25 1,2,4 & 5 8 HOURS= 0, WORDS= 1000
Essay 50 1, 2, 4 & 5 13 HOURS= 0, WORDS= 2000
Component 1 subtotal: 50
Component 2 subtotal: 50
Module subtotal: 100

Description of module content:

The role and form of proofs, trials and other specialist hearings. The documents and oral forms of presentation appropriate to each.
Direct and cross examination techniques, debates and submissions.
The analysis and construction of legal arguments and arguments in general including the syllogism, fallacies, some techniques of persuasion. Good facts and bad facts. Relevance and specification. Analysis and eliciting of and objections to lines of evidence. Presentation of oral, real and documentary evidence in court including open and closed questioning techniques, gate closure. The role and function of experts. Use of legal authorities.

Learning Outcomes for module:

Upon completion of this module you will be able to
LO1: Develop and apply a systematic and critical knowledge of various forms of legal argument and their contents and techniques
LO2: Critically analyse and evaluate current legal problems in personal injury, delict and criminal law and develop arguments and submissions therefrom
LO3: Develop and demonstrate personal skills relevant to the presentation of various forms of legal questioning and evaluate therefrom and develop appropriate submissions using relevant analyses, notes of argument and oral and written methods appropriate to case resolution
LO4: Evaluate and gather systematically up-to-date and relevant legal authority from a variety of legal sources and especially case precedents including effective use of IT and other information retrieval systems
LO5: Conduct independent research with minimal supervision using a variety of legal sources and materials and thereby formulate and apply legal argumentation to resolve given legal problem situations.

Indicative References and Reading List - URL:

Core - HENNESSY, CHARLES (2006) PRACTICAL ADVOCACY IN THE SHERIFF COURT: SKILLS FOR SUCCESSFUL PRACTICE: THOMSON - W GREEN, 1st ed. - ISBN: 978041401503
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