Indicative Content
ELEMENT 1: CASE ANALYSIS AND PREPARATION
1. identify and analyse the relevant facts, legal context
2. strengths and weaknesses of the case
3. legal framework of the case
4. legal or factual submission
5. effective and tactically aware strategy
6. examination-in-chief, cross-examination and re-examination
7. submission supported by legal authority to exclude evidence
8. submission opposing the grant of bail
9. rebut a submission opposing bail
10. plea in mitigation
11. oral submission
ELEMENT 2: ORAL PRESENTATIONS
1. communication skills
2. oral submission to exclude evidence
3. plea in mitigation
4. grant of bail
5. oral submission before a court
6. professional conduct
7. oral submission
Learning Strategies
Advocacy is practised within 4 hours of one to one and small group sessions and a formative session with one to one feedback. Additionally, for students following a blended-learning mode of delivery there will be on-line activities.
Assessment Details
Assessed by a 20 minute oral, filmed delivery on a Competent/Not yet Competent basis
Resources
Lecture and workshop materials, Blackboard and Library resources.
Texts
OUP Civil and Criminal Litigation Handbooks (annually updated) and OUP Lawyers's Skills
Learning Outcome
1. DEMONSTRATE AN UNDERSTANDING OF THE PRINCIPLES AND CRITERIA THAT UNDERPIN GOOD PERFORMANCE IN THIS SKILL BY EVALUATING COMPLEX ISSUES SYSTEMATICALLY AND SHOWING AN ABILITY TO ANALYSE AND SYNTHESISE THE INFORMATION AND KNOWLEDGE ATTAINED
Analysis
2. DEMONSTRATE METHODS OF COMMUNICATION AND ABLE TO CHOOSE AND TAILOR THE COMMUNICATION FORM AND STYLE TO SUIT THE PURPOSE OF THE COMMUNICATION AND NEEDS OF DIFFERENT RECIPIENTS AND TO COMMUNICATE EFFECTIVELY AND RELEVANTLY
Communication
3. DEMONSTRATE THE ABILITY TO COMMUNICATE ORALLY AND DRAFT AND AMEND DOCUMENTS IN A FORM, STYLE AND TONE APPROPRIATE FOR THE RECIPIENTS AND THE CONTEXT
Communication
4. DEMONSTRATE ATTENTION TO DETAIL AND DEMONSTRATE SELF-DIRECTION AND AN ASSUMPTION OF RESPONSIBILITY FOR THEIR OWN WORK AND PREPARATION
Analysis
5. DEMONSTRATE AN UNDERSTANDING OF THE PRACTICAL, COMMERCIAL AND PERSONAL CONSIDERATIONS WHICH SHOULD BE TAKEN INTO ACCOUNT
Problem Solving
6. DEMONSTRATE A SYSTEMATIC UNDERSTANDING AND KNOWLEDGE OF THE ISSUES ARISING AND SHOW AN ABILITY TO COMBINE THAT UNDERSTANDING AND AWARENESS WITH APPROPRIATE ADVICE OR RESPONSE
Communication
7. DISPLAY ORIGINALITY, WHERE APPROPRIATE AND NECESSARY, IN SOLVING PROBLEMS
Problem Solving
8. IDENTIFY AND ASSESS AND APPROPRIATELY DEAL WITH RELEVANT PROFESSIONAL CONDUCT ISSUES Analysis
9. DEMONSTRATE SENSITIVITY TO ISSUES OF CULTURE, DIVERSITY AND DISABILITY IN COMMUNICATION WITH CLIENTS, COLLEAGUES AND OTHERS
Communication
10. DEMONSTRATE THE ABILITY TO USE THE SKILLS IN COMBINATION WHERE APPROPRIATE
Knowledge & Understanding
Web Descriptor
In this module students develop the skills required to present arguments cogently and persuasively in court. The skills of an advocate are taught in introductory sessions in Foundation Week, and reinforced through learning activities in the Criminal part of the Litigation module. Students present legal arguments in writing and orally, in the context of commonly arising issues in the criminal courts, for example, bail applications, applications to admit or exclude evidence, and pleas in mitigation of sentence. The assessment takes the form of a simulation of a courtroom application and response, with the tutor taking the role of the Judge. Advocacy also develops students’ experience of identifying and dealing with professional conduct issues appropriately and is therefore an essential skill for practice.