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Unit Overview

Description

This unit is about proof and persuasion. It is designed for students who are interested in litigation or who want to improve their ability to be persuasive. It focuses on preparation for trial, and encourages rigorous analysis of facts and robust analysis of how a case is proven. It deals with the use of facts, arguments, inferences, stories and generalisations in proving a case. It outlines a practical method for constructing and attacking arguments about disputed questions of fact in a persuasive way. The unit complements other law studies in forensic advocacy and trial procedure.

Credit
6 points
Offering
AvailabilityLocationMode
Not available in 2026UWA (Perth)On-campus

The timetable for this teaching period is not currently available. Please see the Important Dates page for the timetable release date and other key date information.

Outcomes

Students are able to (1) demonstrate an integrated understanding of (a) how and why legal matters are litigated, (b) the role that laws of evidence play in this process, (c) the legal framework surrounding the way that evidence is gathered and tested; (2) demonstrate an ability to recognise and reflect upon (a) the ethical issues associated with the gathering and use of evidence within the trial process, (b) the reasons as to why people decide to litigate; (3) critically evaluate the theory and regulation of discovery, evidence and proof; and identify, interpret and apply key tools of persuasion in marshalling evidence and constructing and deconstructing a legal case; and (4) prepare and present a coherent and persuasive analysis of a case.

Assessment

Indicative assessments in this unit are as follows: (1) proposition exercise; (2) analysis; and (3) recommendations exercise. Further information is available in the unit outline.



Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.

Unit Coordinator(s)
Associate Professor Stella Tarrant
Unit rules
Prerequisites
Enrolment in 20500 Master of Laws
or 20320 Graduate Diploma in Law
or
Enrolment in
20820 Juris Doctor
and Successful completion of
LAWS4101 Foundations of Law and Lawyering
and LAWS4102 Criminal Law
and LAWS4103 Contract
and LAWS4104 Property Law
and LAWS4106 Torts
and LAWS4108 Foundations of Public Law and ( LAWS4109 Legal Theory and Ethics
or LAWS4110 Legal Interpretation
)
Advisable prior study
Successful completion of
LAWS5107 Evidence
Approved quota: 60—first come, first serve
  • The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
  • All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
  • Visit the Essential Textbooks website to see if any textbooks are required for this Unit. The website is updated regularly so content may change. Students are recommended to purchase Essential Textbooks, but a limited number of copies of all Essential Textbooks are held in the Library in print, and as an ebook where possible. Recommended readings for the unit can be accessed in Unit Readings directly through the Learning Management System (LMS).
  • Contact hours provide an indication of the type and extent of in-class activities this unit may contain. The total amount of student work (including contact hours, assessment time, and self-study) will approximate 150 hours per 6 credit points.