LPP113 Civil Litigation


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Unit Outline: Flexible Period - 11A 2024, Online (Start Date: 09 Sep 2024)

Unit code:LPP113
Credit points:12
Assumed Knowledge:Completion of a Bachelor of Laws Degree
Anti-requisite:LPZ113
Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of the teaching period.

Overview

This unit provides you with opportunities to develop and demonstrate competence in the area of Civil Litigation as described in the Australasian Professional Legal Education Council's (APLEC) and the Law Admissions Consultative Committee's (LACC) standards for the pre-admission practical training of Australian legal practitioners. Those standards have been adopted in Queensland as part of the admission rules for the legal profession. In this unit you will learn how to institute and run a civil proceedings up to the point of settlement before trial.

Learning Outcomes

On successful completion of this unit you will be able to:

  1. Apply appropriate legal and procedural knowledge, skills, values and creative thinking to the conduct of civil litigation (Course Learning Outcomes 1.1, 1.2, 1.3, 2.1, 2.3)
  2. Communicate your advice on the legal, factual, evidentiary and other aspects of a proposed civil action in language appropriate to clients and other legal professionals (depending on the situation) (CLOs 3.1, 3.2, 3.5)
  3. Draft pleadings, affidavits, briefs, orders and other documents required in civil actions (CLOs 1.1, 1.2, 2.1, 2.2, 3.1).

Content

  • Acting for a plaintiff and defendant in commencing and responding to a civil action
  • Advising on and initiating interlocutory steps in a civil action
  • Settling a civil action
  • Taking steps to enforce a civil judgment.

Learning Approaches

This unit engages you in your learning through a problem-based learning approach. The unit's content and its organisation are designed to facilitate your acquisition of relevant knowledge, skills and values in litigation for professional admission.

The unit adopts a blended learning approach, which includes a fortnightly briefing or online briefing note, and online problem-solving activities for you to work on supported by online resources and 'authentic' problem materials. You will also have face-to-face or online access to peers and lecturers to support you when working with problem material.

Specifically the assessment tasks guide you through the major steps in a litigation matter, from providing an initial advice to a client up to preparing for a trial. The specific tasks you will do, guided by hints embedded in the assessment items, briefing notes and on-campus or recorded briefings, are: advising on a claim, drafting a statement of claim, drafting a defence, disclosure, brief to counsel, settlement, costing, obtaining judgment and enforcement.

Feedback on Learning and Assessment

Feedback in this unit is provided to you in the following ways:

  • You will find guidance for completing problems in the 'hints' for the task. Some hints provide formative feedback in that they anticipate questions and responses that you may have or make in completing the problem.
  • You can seek advice and assistance from staff during briefing sessions or online.
  • You will receive progressive feedback on work as it is submitted. Some of this feedback will be formative, as it will assist you to prepare subsequent related items of work.
  • You may receive some generic comments back to the cohort via QUT Canvas.

Assessment

Overview

To pass this unit you must complete all assessment items to either a passing standard (for graded assessment items) or a satisfactory standard (for satisfactory/not satisfactory assessment items) in accordance with the relevant Criterion Referenced Assessment (CRA) rubric.
All assessment items are in the form of a practical task that a lawyer is likely to encounter in practice. The assessment items enable you to demonstrate competence in practice areas, skills and values relevant to professional admission. Assessment items will require you to synthesise and apply a range of knowledge, lawyering skills, values and thinking skills.

Some assessment items are assessed on a 'satisfactory/not satisfactory' scale. You must complete all those items to a satisfactory standard with reference to the relevant CRA rubric. If you do not complete an item to a satisfactory standard on your first attempt, you will be asked to do further work on the item to demonstrate you can complete the work to a satisfactory standard for professional admission purposes.
Some assessment items are assessed against criteria that will provide you with a mark for the assessment item. The marks that you receive on your first attempt for all assessment items will determine your overall grade for the unit. Marks will be awarded according to the relevant CRA rubric. If your attempt at such an assessment item (or any part thereof) is assessed at less than a grade of 4 on any criterion on the relevant CRA rubric, you may be asked to do further work on the item to demonstrate you can complete the work to a satisfactory standard for professional admission purposes.

Unit Grading Scheme

7- point scale

Assessment Tasks

Assessment: Problem Solving Task

In this task you will complete the necessary court documents to demonstrate that you are able to take steps to obtain a default judgement in a civil matter and enforce a court order. The task will require you to consider how to effect client instructions relating to legally complex subject matter.

This assignment is eligible for the 48-hour late submission period and assignment extensions.

Threshold Assessment:

You must complete this assessment item to a satisfactory standard to demonstrate competence in these tasks as described in the Law Admissions Consultative Committee's (LACC) standards for the pre-admission practical training of Australian legal practitioners.

Weight: 20
Length: Approximately 1000 words
Individual/Group: Individual
Due (indicative): TBA
Related Unit learning outcomes: 1, 2

Assessment: Problem Solving Task

In this task you will provide advice on a complex legal problem and calculate the quantum of damages, drawing on a range of different sources. The task has these elements:
' Quantum memo (Satisfactory/Not Satisfactory)
' Letter (20%)

This assignment is eligible for the 48-hour late submission period and assignment extensions.

 

Threshold Assessment:

You must complete this assessment item to a satisfactory standard to demonstrate competence in these tasks as described in the Law Admissions Consultative Committee's (LACC) standards for the pre-admission practical training of Australian legal practitioners.

Weight: 20
Length: N/A
Individual/Group: Individual
Due (indicative): TBA
Related Unit learning outcomes: 1, 2

Assessment: Portfolio

In this task you will apply your legal and procedural knowledge, your legal and fact investigation and analysis skills and your writing and drafting skills to a series of steps required in a civil litigation matter. The matter will require you to examine critically client facts and the law. It will require you to consider the tactics involved in progressing your client's claim and to consider alternative ways of resolving your client's dispute. On completing the task, you will have created a portfolio of legal letters and court documents that demonstrate that you have the ability to complete a series of related steps in a civil dispute in a coherent and timely manner. This portfolio consists of these elements that are weighted as follows:
1. Claim and statement of claim (10%)
2. Drafting defence (10%)
3. Disclosure letter (10%)
4. Form 19 (Satisfactory/Not Satisfactory)
5. Costs statement (10%)
6. Settlement advice (10%)
7. Brief (10%)
8. Deed of release (Satisfactory/Not Satisfactory)

This assignment is eligible for the 48-hour late submission period and assignment extensions.

Threshold Assessment:

You must complete all the tasks in this portfolio to a satisfactory standard to demonstrate competence in these tasks as described in the Law Admissions Consultative Committee's (LACC) standards for the pre-admission practical training of Australian legal practitioners.

Weight: 60
Individual/Group: Individual
Due (indicative): TBA
Related Unit learning outcomes: 1, 2, 3

Academic Integrity

Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.

Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.

You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.

Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.

Resources

We will provide you with electronic copies of the problems that you have to work through for the unit, via QUT Canvas. You will be able to access other resource materials via the QUT Library or internet.

Risk Assessment Statement

There are no extraordinary risks associated with this unit.

Course Learning Outcomes

This unit is designed to support your development of the following course/study area learning outcomes.

LP41 Graduate Diploma in Legal Practice

  1. Identify and apply relevant legal principles in the areas of practice that are required for admission to the Australian legal profession
    Relates to: ULO1, ULO3, Problem Solving Task, Problem Solving Task, Portfolio
  2. Apply the rules of practice and procedure in the areas of practice required for admission
    Relates to: ULO1, ULO3, Problem Solving Task, Problem Solving Task, Portfolio
  3. Apply conceptual models for the effective application of legal skills
    Relates to: ULO1, Problem Solving Task, Problem Solving Task, Portfolio
  4. Analyse client problems to identify relevant legal, factual and contextual issues
    Relates to: ULO1, ULO3, Problem Solving Task, Problem Solving Task, Portfolio
  5. Apply legal research skills to identify the relevant legal principles and arguments
    Relates to: ULO3, Portfolio
  6. Use critical and creative thinking to identify and evaluate possible solutions to practical legal problems
    Relates to: ULO1, Problem Solving Task, Problem Solving Task, Portfolio
  7. Communicate complex legal concepts to clients and fellow practitioners in written and oral modes
    Relates to: ULO2, ULO3, Problem Solving Task, Problem Solving Task, Portfolio
  8. Assist clients to understand their options in complex legal matters in written and oral communications
    Relates to: ULO2, Problem Solving Task, Problem Solving Task, Portfolio
  9. Collaborate with other professionals and take responsibility for team functions and outputs
    Relates to: ULO2, Problem Solving Task, Problem Solving Task, Portfolio