The protection and enforcement of legal rights and interests ultimately depends on legal proceedings in courts and tribunals. Many if not most legal proceedings revolve around issues of fact. In an adversarial context this means the presentation of competing versions of contentious events. The objective of each party is to persuade the court or tribunal to accept their version of events so as to increase the likelihood of a favourable remedy or outcome.
The emphasis in this course will be upon trial rather than appellate advocacy. Effective trial advocacy requires a broad, complex and diverse set of skills, ranging from the ability to develop and present a persuasive narrative (both in an address and by examining a witness) to the ability to cross-examine a witness to make concessions that will advance the party's case. These court room skills are built upon legal research and analytical skills to support and develop the case.
The course is taught in an intensive and supportive workshop format and therefore students should only attempt the course if they can attend all sessions. Topics covered will include the adversarial process; the role of the trial advocate; the development of case theories, themes and labels; plea making; opening and closing addresses; making objections; and witness examination including examination in chief, cross examination, and re-examination.