CIVIL PROCEDURE
LAW2CIV
2016
Credit points: 15
Subject outline
In this subject, students will examine the procedural rules governing the handling of civil litigation. Students will examine the overarching principles governing civil procedure, the civil jurisdiction of Australian courts, the duty to exchange information and interlocutory orders. Students will also learn about summary judgment, settlement, trial, appeals' costs, the enforcement of judgements, initiating proceedings and parties to litigation.
School: La Trobe Law School
Credit points: 15
Subject Co-ordinator: Magda Karagiannakis
Available to Study Abroad Students: Yes
Subject year level: Year Level 2 - UG
Exchange Students: Yes
Subject particulars
Subject rules
Prerequisites: LAW1LIM and (LAW2CTA or LAW2CNT) and (LAW2TOT or LAW2TOR)
Co-requisites: N/A
Incompatible subjects: LAW3CIV and LAW30CIV
Equivalent subjects: N/A
Special conditions: Must be admitted to any Bachelor of Laws UG degree or have permission from Law Director of Programs
Learning resources
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Civil procedure. commentary and materials | Prescribed | Colbran, S. et al | CURRENT EDITION, LEXIS NEXIS |
| Readings | Supreme Court (General Civil Procedure)Rules | Prescribed | tba | 2005 (VIC) |
Graduate capabilities & intended learning outcomes
01. Translate an account of grievances into a legal claim or defence in written form using the conventions of legal drafting
- Activities:
- Tutorial exercises Self-asessment exercise (on line) Legal research exercise
- Related graduate capabilities and elements:
- Writing(Writing)
- Creative Problem-solving(Creative Problem-solving)
- Inquiry/ Research(Inquiry/ Research)
02. Demonstrate a critical awareness of how to pursue a legal claim or defence for a client as effectively as possible for as long as the claim or defence deserves
- Activities:
- Tutorial exercises Final examination
- Related graduate capabilities and elements:
- Inquiry/ Research(Inquiry/ Research)
- Writing(Writing)
03. Apply problem-solving skills to the optimal solution of legal disputes
- Activities:
- Tutorial exercises Legal research exercise Final examination
- Related graduate capabilities and elements:
- Inquiry/ Research(Inquiry/ Research)
- Critical Thinking(Critical Thinking)
- Speaking(Speaking)
- Creative Problem-solving(Creative Problem-solving)
- Writing(Writing)
Melbourne, 2016, Semester 2, Blended
Overview
Online enrolment: Yes
Maximum enrolment size: N/A
Enrolment information:
Subject Instance Co-ordinator: Magda Karagiannakis
Class requirements
LectureWeek: 31 - 43
One 2.0 hours lecture per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.
TutorialWeek: 31 - 43
One 1.0 hours tutorial per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.
Assessments
| Assessment element | Comments | % | ILO* |
|---|---|---|---|
| take home assignment | 30 | 01, 02 | |
| one 3-hour final examination | 60 | 02, 03 | |
| online quizzes | 10 | 01, 02, 03 |