TE PIRINGA FACULTY OF LAW
Advocacy 2015 Outline
1.
Identification of Paper
Paper: LAWS458-15B
This paper carries 10 points
2.
Staffing
Bridgette Toy-Cronin Phone: TBA
(Convenor)
Room: TBA
email: bridgett@waikato.ac.nz
Monday 9:00am-11:30am or by appointment
3.
Description and Structure of Paper
(a) Description of the paper in University Calendar
This paper aims to introduce the role of the advocate in society. Participants will develop practical
advocacy skills, informed by examination of the function of the advocate in trial and non-trial
settings.
Corequisites(s): LAWS401 - Evidence
(b) Structure of the Paper
This is a practical paper. You will be asked to participate in mock advocacy exercises and class
discussions. In general, the Monday class will be a more theoretical examination of material and
the Tuesday class a workshop. Tuesday classes (5-7pm) will be at the Hamilton District Court.
(c) Attendance
Te Piringa Faculty of Law places great emphasis on providing students with opportunities for high
achievement in law papers. Attendance is essential for success in the paper.
4.
Learning outcomes
A student who has successfully completed this paper will:
 Have a critical and practical understanding of the role of the advocate in a range of
advocacy settings (trial and non-trial);
 Understand and critically evaluate the rules of professional conduct and etiquette in
advocacy; and
 Develop core advocacy skills through practice and reflection including presenting written
and oral submissions, developing a theory of the case and presenting it through written
and oral evidence (affidavits, briefs of evidence and cross examination);
 Have the tools to continue to learn from their experience in early years of practice.
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5.
Workload
Students should expect to spend 100 hours in total on this paper. In addition to lecture
attendance, significant time will need to be spent on background and complementary reading.
Students should allow for periods of more-focused research time in the preparation of
assignments.
6.
Required and Recommended Reading
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray &
Orpin, New Zealand Law Style Guide, 2nd edition, Thomson Reuters (2011). This is available from
Bennetts, at an approximate price of $37 including GST.
In addition to the texts identified below, the Faculty of Law requires that students purchase the
course materials book(s) for this paper. These are available from Waikato Print.
Required
Andrew Beck and others Introduction to Advocacy (2nd ed, New Zealand Law Society Continuing
Legal Education, Wellington, 2014).
Evidence Act 2006
Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008
Recommended
Anthony Willy and James Rapley, Advocacy (Brookers, Wellington, 2013).
Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the
University of Waikato’s online learning system. Any such material is provided on the following
terms:
University of Waikato owns the intellectual property rights, including copyright, in and to this site,
or has acquired the necessary licenses to display the material on the site. As a student of the Te
Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single
copy) the material from the papers in which you are enrolled for the purposes of participating in
the paper only, provided the information is not modified. Materials may not under any
circumstances be copied, stored, distributed or provided in any form or method whatsoever to
any third party. Any other use of the material is prohibited. None of the material may be
otherwise reproduced, reformatted, republished or re-disseminated in any manner or form
without the prior written consent of University of Waikato. To obtain such consent, please
contact the Te Piringa Faculty of Law.
7.
Online support
Online support for this paper is provided via Moodle.
8.
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Assessment
a)
Requirements for assessed work
Te Piringa Faculty of Law procedures for the presentation, submission and referencing of course
work are set out in the Te Piringa Faculty of Law Undergraduate Handbook @ p.33 which is
available from http://www.waikato.ac.nz/law/undergraduate.
Assignment resources are available online at http://www.waikato.ac.nz/law/student/
I. Moot 50%
You will be provided with mooting materials, and will prepare written submission, then speak to
those submissions in the Moot Court. This assessment will take place in pairs.
The moot will be on a topic related to adversarial ethics, material that will be covered in class
during the first weeks of the course. The written submissions are due 21 August at 5pm.
Written submissions (25%) will be marked on:
 Identifying relevant principles of law and critical literature
 Applying that material to the facts
 Persuasive and logical presentation;
 Compliance with form (further guidance on form will be provided).
I will send a copy of your written submissions to your opponent team before the moot. The moot
will take place the week beginning 7 September 2015. There will be a sign-up sheet for times.
The oral moot (25%) will be marked on:
 Delivery (oral presentation skills);
 Organisation of argument;
 Development of argument;
 Answering questions from the bench.
Further detail about the topic, the format of written submissions and expectations regarding the
oral presentation, will be provided.
II. Court observation 10%
You will observe at least 2 hours of a court hearing at the High or District Court and write a
reflection on your observation of 1,000-1,500 words. The observation can take place at any time
that is convenient to you and at any New Zealand High or District Court. I will provide you with
guidance on how to find out when the court is sitting and a list of questions to guide your
reflection.
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III. Witnesses 30%
For each assessment there will be a group of four students: two witnesses, an applicant and a
defendant. You will be assigned the role of either applicant or defendant and provided with case
materials.
You will prepare a brief of evidence for your witness to be submitted by 5pm on 5 October 2015.
During the week of 5 October 2015 you will be assigned a time to cross-examine the opposing
parties witness and re-examine your own witness. You will also be required to appear as a witness
for the assessment of another student pair in your class.
Credit will be given for:
 developing a clear theory of the case
 a brief of evidence that includes relevant facts in support of that theory
 effectively cross-examining the opposing witness in a way that is not inconsistent with that
theory
 demonstrating an understanding of the distinction between open and closed questions
and using each correctly
 adopting correct court protocols
 raising and responding to objections
 interaction with the Judge.
Learning Journal 10%
An important aspect of this course is reflecting on your own practice as a tool for learning. You
will be required to keep a Learning Journal throughout the course. Information about the
expected format of the journal and questions to guide your reflections will be provided. You are
required to submit six journal entries of 300-400 words per entry by 16 October 2015 at 5 pm.
b)
Coursework: 100%
c)
Assessment Components
Component
Percentage of Due date
overall mark
Moot – written submissions
25% Friday 21 August 2015 at 5pm
Court observation and reflection
10% Monday 7 September 2015 at 5pm
Moot – oral submissions
25% Week of 7 September 2015, times TBA
Brief of evidence
15% Monday 5 October 2015 at 5pm
Cross examination
15% Week of 5 October 2015, times TBA
Reflective journal
10% Friday 16 October 2015 at 5pm
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d)
Handing in, marking time and collection
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz).
See
Te
Piringa
Faculty
of
Law
Undergraduate
Handbook,
available
at
http://www.waikato.ac.nz/law/undergraduate. It is the policy of Te Piringa Faculty of Law to
return marked work to students within five weeks of submission.
If you require assistance with Moodle, or encounter any problems, please contact the Help Desk.
You can send a message to Help Desk by using the instant message service in your paper (from
the participants list within the People block). Alternatively, you can email them directly at
help@waikato.ac.nz or call 838 4008.
e)
Measurement of Achievement
Achievement in examinations and tests will be measured primarily in terms of levels of
understanding and knowledge gained. Achievement in assignments will be measured also in
terms of fluency and accuracy of expression and referencing.
Major deficiencies in structure, style, grammar and spelling will result in lower marks.
f)
Management of assessment deadlines, process for requesting extensions and special
consideration, and for appeals
(i)
Extensions
Students are required to complete and submit all internal assessments by specified dates. The
meeting of deadlines is a mark of professionalism and its enforcement is essential for fairness to
all students taking the paper. Handing in course work on or before the due date also facilitates
the timely return of marked work by academic staff. Students should meet requirements as to
time deadlines for course work, or make a request for an extension or special consideration in
appropriate circumstances (see Undergraduate Programmes Manual available from the School of
Law Undergraduate website http://www.waikato.ac.nz/law/undergraduate/). Failure to comply
with requirements as to the time deadlines for internal assessment without having successfully
applied either for an extension or special consideration with supporting evidence before the due
date will result in deduction of 2.5 marks for each day the work is late. Lateness of more than a
week may result in the work not being marked. No deadlines may be extended beyond two
weeks after the last teaching day of the semester(s) in which the paper is taught as final grades
must go to the Board of Examiners at this time. Unless an extension in writing has been granted,
a lecturer may refuse to accept a piece of work which is submitted after the specified date, and
automatically award it no mark, or may lower the mark as a penalty for lateness.
Applications for extension, on the form obtainable from the Law Reception, must be submitted to
the Chief Examiner or nominee. Students should not submit the extension form to the lecturer,
nor should students seek extensions from the lecturer via other forms of communication.
Extensions will be granted only on evidence of illness, family bereavement, or serious personal
accidents or circumstances. Please note that too many assignments due at the same time is NOT
an acceptable reason, neither are claims that computers and/or printers have crashed. Account
will be taken of the time in which the student has had to complete the internal assessment before
the intervening event occurred. It will be important to consider if the grant of the extension will
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give the student in question an unfair advantage over other students. A maximum period of 14
days will be given as an extension unless there are exceptional circumstances. In determining
applications the Chief Examiner or nominee may consult with the Convenor or lecturer of the
relevant paper.
When the Chief Examiner or nominee has made a decision on the application for extension, the
nominated Administrative Assistant will advise the student of the decision by email. Following
this, the extension form will be given to the relevant lecturer who will retain it until after the
assignment is marked and returned to students. The form will then be placed on the student’s
file. It should be noted that if an extension of longer than 14 days is granted, the assignment will
not be automatically printed out and delivered to the lecturer, therefore the lecturer is
responsible for ensuring the assignment is printed. In appropriate cases, when a student’s
application for extension is declined the Chief Examiner or nominee will inform the student of the
process for applying for special consideration.
ii)
Special Consideration
The Assessment Regulations 2005 as set out in the University Calendar 2015 list in detail the
university-wide policies and procedures, which apply concerning missed examinations, impaired
performance or impaired preparation time for an examination, and missed or impaired course
work. Students are responsible for ensuring that they comply with these regulations. Application
forms for special consideration for internal assessment are available from law reception.
iii)
Appeals (University Calendar 2015, Assessment Regulations 2005, Reg. 24)
A student may appeal against any decision taken under these regulations.
An appeal, comprising a written statement of the circumstances of the appeal, together with
supporting evidence if available, must be submitted by the student in writing to the Head of
Student & Academic Services not more than seven days after the date on which notification of the
relevant decision is received.
Appeals under this section are considered and decided by the Deputy Vice-Chancellor by
delegated authority of the Education Committee.
A decision by the Deputy Vice-Chancellor is notified in writing, and is final.
iv) No electronic devices are allowed in any internal tests or exams.
v) If you wish to submit your Internal Assessment in Māori, you need to obtain an application
form from the Law Reception at least 14 days before the assessment is due.
vi) If you wish to apply to write your official exams in Māori, you need to complete the official
application form from the University’s Assessment Office.
(refer to the Policy on the Use of Māori for Assessment in the University Calendar)
9.
University Calendar Regulations and Policies
Your attention is drawn to the following regulations and policies, which are published in the
University Calendar 2015:
Assessment Regulations 2005
Student Discipline Regulations 2014
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Computer Systems Regulations 2005
Policy on the Use of Māori for Assessment
Student Research Regulations 2008
Ethical Conduct in Human Research and Related Activities Regulations 2008.
10.
Links to other papers
You must also be enrolled in, or have already passed, LAWS401-Evidence.
11.
Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
12.
Referencing guidelines and caution against plagiarism
(a)
Referencing must be in accordance with the New Zealand Law Style Guide (2nd Ed)
Thomson Reuters 2011.
(b)
All written work submitted for the purposes of assessment must be your own work.
Copying or paraphrasing all or part of another person’s work, be it published or
unpublished, without clear attribution, is plagiarism. Plagiarism is misconduct and is dealt
with under the disciplinary procedures of the University as outlined in the Student
Discipline Regulations 2014 in the University Calendar.
“Plagiarism means presenting as one’s own work the work of another, and includes the
copying or paraphrasing of another person’s work in an assessment item without
acknowledging it as the other person’s work through full and accurate referencing; it
applies to assessment presented through a written, spoken, electronic, broadcasting,
visual, performance or other medium.” See section 3, Assessment Regulations (2015
Calendar)
(c)
The Te Piringa Faculty of Law’s policy regarding plagiarism is Te Piringa Faculty of Law
Undergraduate Programmes Manual, available from:
http://www.waikato.ac.nz/law/undergraduate/.
13.
Health and safety
The Law School’s Health and Safety representative is to be advised, please report any incident to
the Law Reception - Room Law G.44 or call ext 4167.
14.
Class representation
Contact details for the Student Representation Coordinator, Academic Services Division, are as
follows: Jeanie Richards, Student Services, ext. 8221, email: student.reps@waikato.ac.nz.
15.
Complaints procedures
The brochure Student Concerns and Complaints Policy provides details of the University’s process
for handling concerns and complaints and is available from Faculty and School Offices, The
Gateway and Student Services Division and is contained in the Calendar 2015. See also the
document Student Support Structure at Te Piringa Faculty of Law, available from law reception.
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Lecture Schedule B semester
Week Commencing
Programme of lecture topics
13 July (Semester B Starts)
Introduction
Voice workshop
20 July
Role of the Advocate I
Etiquette and conduct workshop
27 July
Role of the Advocate II
Advocacy & ethics – pleas in mitigation
3 August
Writing submissions
Advocacy & ethics - adjournment
application
10 August
Writing submissions
Written submissions - workshop
17 August
Adjusting your
opponents
style
–
forum
and
Replying to questions from the bench
24 August
Teaching Recess
31 August
Teaching Recess
7 September
Moot assessment
Moot assessment
14 September (17 September Kingitanga Day)
Theory of the case & briefing witnesses
Writing affidavits/briefs of evidence –
workshop
21 September
Examining witnesses
Cross-examination workshop
28 September
Examining witnesses
Objections and exhibits workshop
5 October
Witness examinations assessment
Witness examination assessment
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12 October
Learning after law school; tips for new
players
Advocacy careers
19 October
Study Week
26 October (26 October Labour Day)
Examinations
2 November
Examinations
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