MLJ708 - Civil Procedure, Alternative Dispute Resolution and Policy

Unit details

Year:

2021 unit information

Important Update:

Unit delivery will continue to be provided in line with the most current COVIDSafe health guidelines. This may include a mix of on-campus and online activities. To find out how you are impacted, please check your unit sites for announcements and updates. Unit sites open one week prior to the start of each Trimester/Semester.

Thank you for your flexibility and commitment to studying with Deakin in 2021.

Last updated: 4 June 2021

Enrolment modes:Trimester 2: Cloud (online)
Credit point(s):1
EFTSL value:0.125
Unit Chair:Trimester 2: Claudio Bozzi
Cohort rule:

For M729 (Juris Doctor) students only

Prerequisite:

Must have successfully completed 5 Law units plus MLJ701, MLJ702 and MLJ704

Corequisite:Nil
Incompatible with: Nil
Typical study commitment:

Students will on average spend 150 hours over the teaching period undertaking the teaching, learning and assessment activities for this unit.

Scheduled learning activities - cloud:

1 x 2h class (recordings provided) + 2h online seminar (live streamed and recordings provided)

Content

This unit aims to equip students with the knowledge and ability to apply, critically evaluate and effectively communicate civil procedure and alternative dispute resolution, and develop a deep appreciation of major policy issues and developments in the law. Topics include: the system of legal justice, commencement of proceedings, service of process, appearance, joinder of claims and parties, pleadings, amendment, discovery, costs, the trial, enforcement and alternative dispute resolution.

ULO These are the Learning Outcomes (ULO) for this unit. At the completion of this unit, successful students can: Deakin Graduate Learning Outcomes
ULO1

Explain critically examine and apply a sound knowledge of the civil litigation process including the principles and processes that are the currency of civil procedure and conflict resolution; the values that inform and the policies that structure civil procedure and conflict resolution; ethical matters relating to the lawyer’s professional role; and alternative dispute resolution processes

GLO1: Discipline-specific knowledge and  capabilities

GLO4: Critical thinking

ULO2

Demonstrate a sound understanding of pre-trial and trial practice and apply a range of practical lawyering and advocacy skills

GLO1: Discipline-specific knowledge and capabilities

GLO2: Communication

GLO5: Problem solving

GLO6: Self-management

ULO3

Identify explain and apply the principles of civil procedure from commencement of action through disposition on appeal including alternatives to formal adjudication and do so through the examination and analysis of a wide variety of cases

GLO1: Discipline-specific knowledge and capabilities

ULO4

Explain the Equity jurisdiction in conjunction with the civil process

GLO1: Discipline-specific knowledge and capabilities

ULO5

Appreciate the theory underpinning the acquisition of foundational skills associated with complex litigation including choice of law class actions and remedies

GLO1: Discipline-specific knowledge and capabilities

ULO6

Appreciate the theory underpinning decision making on when and how to instigate and conduct procedure outside formal judicial arenas through informal conflict resolution processes including negotiation mediation internal conflict resolution within organisations and in transnational contexts

GLO1: Discipline-specific knowledge and capabilities

GLO6: Self-management

These Unit Learning Outcomes are applicable for all teaching periods throughout the year

Assessment

Assessment Description Student output Grading and weighting
(% total mark for unit)
Indicative due week 
Assessment 1: (Individual) Implementation of procedural rules 4000 words 40% Information not yet available
Examination 2 hours 60% Exam period

The assessment due weeks provided may change. The Unit Chair will clarify the exact assessment requirements, including the due date, at the start of the teaching period.

Learning Resource

The texts and reading list for the unit can be found on the University Library via the link below: MLJ708 Note: Select the relevant trimester reading list. Please note that a future teaching period's reading list may not be available until a month prior to the start of that teaching period so you may wish to use the relevant trimester's prior year reading list as a guide only.

Unit Fee Information

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