1  Name of Course Moot and Advocacy Skill
2 Course Code LAD5062
3 Instructor
4 Rational for the Inclusion of the Course in the Programme To equip the students with advocacy skills particularly the technique to conduct court hearing and trial in the civil courts in Malaysia.
5 Semester and Year offered Semester 10 (Year 5)
6 Student Learning Time

Face to face Independent learning Formal Assessment Total
Teacher centered Student Centered Learning Non face to face Revision Assessment Preparation Continuous Assessment Final Exam
Lecture T O

 28

 14  0  10  10  8  7  3

 80

7 Credit Value 2 (80/40: 2)
8 Pre-requisite (if any) None/Nil
9 Learning outcomes Upon successful completion of this course, students should have the ability to:

  1. display the techniques of drafting and conducting hearing and trial in court;(LO3-P4)
  2. calibrate the hearing and trial techniques into practice; (LO4-P4)
  3. study the problems in the conduct of hearing and trial in the civil court proceedings.(LO5-A3)
10 Transferable skills Students should be able to develop good written and interpersonal communication, team work and leadership, problem solving through a process of lectures and tutorials.
11 Teaching-Learning and Assessment Strategy Teaching-learning strategy:

The course will be taught through a combination of formal lectures, exercises, group work, using authentic materials, informal activities and various textbooks. Practical experience and collaborative teamwork will be fostered throughout the course. The use of examination and internal reporting assessment will assess the student’s ability to apply theoretical concepts in context.

Assessment strategy:

  • Formative
  • Summative
12 Synopsis This course is intended to embed students with essential ‘soft skills’ which is essential in legal practice.

‘Lawyering’ skills tailored in this course comes in the form of explanation of client’s interviewing techniques, preparation and research of brief, preparation of documents for submission in court etc.  These skills are meant to develop their analytical, oratory as well as advocacy skills in argument, examination and cross-examination.

Emphasis is also given to the importance of the roles and duties which must be observed by the advocate and solicitor in the course of acting for his or her client apart from adhering to the prescribed mannerism in court.

13 Mode of Delivery Lecture, tutorial, class discussion or presentation.
14 Assessment Methods and Types Assessment

  Item Percentage
1. Continuous Assessment 60%
2. Mock Mooting 40%
  Total: 100%
15 Mapping of the Course Learning Outcome/Module to the Programme Learning Outcomes Refer to attachment
16 Content Outline and Topics Covered:

Week Topic(s)
1-2 Court System
3-4 Trial Preparation
5-6 Litigation Skills In Negotiation
6-7 Advocacy in General
8-11 Trial Preparation For Civil Matters
12-14 Trial Preparation for Criminal Matters

*Note: Total = 80 hours

17 Main references
  1. G. Sreenevasan and Nahendran Navaratnam, 2005,  Malaysian Litigation Practice Guide.  Thomson Sweet & Maxwell.
  2. Pinsler, J, 1992, Evidence, Advocacy and the Litigation Process,. Butterworth.
  3. Hyam, M, Advocacy Skills. 1990. Blackstone Press Limited.

Statutes:

  1. Kod Etika Peguam Syarie
  2. Legal Profession Act 1976
  3. Legal Profession (Practice adn Etiquette) Rules 1978

Related cases

18 Additional references
  1. Ahmad Ibrahim, 1997, Al-Ahkam (Penghakiman dan Kepeguaman). Dewan Bahasa dan Pustaka. Kuala Lumpur
  2. Justice Dato’ Wan Yahya Pawan Teh. The Conduct and Qualities of an Ideal Lawyer [1980] 2 MLJ lxxxvi
  3. Pinsler, Jeffrey, 1998, Civil Practice in Singapore and Malaysia. Butterworths Asia Tan Yock Lin, The Law of Advocates and Solicitors in Singapore and West Malaysia, 1991 MLJ

 

COURSE LEARNING OUTCOMES, DELIVERY AND ASSESSMENT TEMPLATE

Course Learning Outcomes Compliance to PO Teaching & Learning Activities (TLAs) Assessment Tasks (ATs)
 

PO1

LO1

PO2

LO2

PO3

LO3

PO4

LO4

PO5

LO5

PO6

LO6

PO7

LO7

PO8

LO8

PO9

LO9

   
  K CTPS CS TS EM LL     KK LS    
1-display the techniques of drafting and conducting hearing and trial in court;(LO3-P4)     3             Classroom lecture and discussion Written test
2-calibrate the hearing and trial techniques into practice; (LO4-P4)       3           Moot/Mock Trial Instructor evaluation of the Moot/Mock Trial
3- study the problems in the conduct of hearing and trial in the civil court proceedings.(LO5-A3)         3         Assignment Instructor evaluation of the assignment