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The information below is relevant from 30/06/2014 to 12/07/2015
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LAWS13017 - Civil Procedure

General Information

Unit Synopsis

Civil Procedure aims to explore the issues of cost, delay and access to justice as critical issues in modern case management. The course examines in detail the following issues in civil litigation: court adjudication under the adversarial system, alternative dispute resolution, jurisdiction, limitation of actions, instituting proceedings, service, appearance, parties and joinder, pleading, summary disposition, non-compliance, amendment and time, discovery, further means of obtaining evidence, affidavits, interlocutory procedures, disposition without trial, trial, appeal and new trial, costs and enforcement.

Details

Level Undergraduate
Unit Level 3
Credit Points 6
Student Contribution Band SCA Band 4
Fraction of Full-Time Student Load 0.125
Pre-requisites or Co-requisites

Prerequisite:- LAWS11061, LAWS11062, LAWS11063 & LAWS11064

Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).

Class Timetable View Unit Timetable
Residential School No Residential School

Unit Availabilities from Term 3 - 2014

Term 2 - 2017 Profile
Distance
Term 2 - 2018 Profile
Distance
Term 2 - 2019 Profile
Online
Term 2 - 2020 Profile
Online
Term 2 - 2021 Profile
Online
Term 2 - 2022 Profile
Online

Attendance Requirements

All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).

Assessment Overview

Recommended Student Time Commitment

Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.

Assessment Tasks

Assessment Task Weighting
1. Online Quiz(zes) 20%
2. Written Assessment 20%
3. Group Discussion 10%
4. Practical Assessment 25%
5. Online Quiz(zes) 25%

This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%).

Consult the University’s Grades and Results Policy for more details of interim results and final grades

Past Exams

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Previous Feedback

Term 2 - 2021 : The overall satisfaction for students in the last offering of this course was 3.9 (on a 5 point Likert scale), based on a 43.97% response rate.

Feedback, Recommendations and Responses

Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.

Source: Have your Say
Feedback
Retain the practical pleading exercise.
Recommendation
Practical exercises will be included in future assessment.
Action Taken
Practical exercises have been retained.
Source: Have your Say
Feedback
More information on how to undertake practical exercises.
Recommendation
More scaffolding is required for practical assessments. Further pleading examples could be provided as a scaffold for drafting exercises. Further clarification could be provided on assessment rubric marking criteria for drafting exercises.
Action Taken
More pleading examples and extracts from books and articles were provided to students. Some of the terms in the rubrics were explained to students, though it appears more needs to be done.
Source: External Benchmarking Review
Feedback
Improve the rubrics to clarify student expectations.
Recommendation
Rubrics will be redrafted to improve clarity.
Action Taken
Nil.
Source: Have you say surveys
Feedback
The extent of feedback provided to students needs to be improved.
Recommendation
Pre-calibration marking will be extended and detailed answer guides provided to markers to ensure sufficient feedback is being provided.
Action Taken
Nil.
Source: External Benchmarking Review
Feedback
Additional scaffolding is required for major assessments.
Recommendation
Additional scaffolding will be provided to assist students in understanding the complex authentic assessment tasks.
Action Taken
Nil.
Unit learning Outcomes

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

  1. Comprehend and critically examine the court adjudication process under the adversarial system in Queensland in comparison with a Civil Law inquisitorial system.
  2. Articulate and apply the procedures of the Supreme Court of Queensland with reference to relevant legislation, rules, practice directions and court forms.
  3. Research and draft appropriate pleadings for a hypothetical fact situation.
  4. Apply Civil Procedure knowledge in a clinical setting.
  5. Demonstrate an understanding of the project management of litigation.

Alignment of Assessment Tasks to Learning Outcomes
Assessment Tasks Learning Outcomes
1 2 3 4 5
1 - Online Quiz(zes)
2 - Written Assessment
3 - Group Discussion
4 - Practical Assessment
5 - Online Quiz(zes)
Alignment of Graduate Attributes to Learning Outcomes
Introductory Level
Intermediate Level
Graduate Level
Graduate Attributes Learning Outcomes
1 2 3 4 5
1 - Communication
2 - Problem Solving
3 - Critical Thinking
4 - Information Literacy
5 - Team Work
6 - Information Technology Competence
8 - Ethical practice
Alignment of Assessment Tasks to Graduate Attributes
Introductory Level
Intermediate Level
Graduate Level
Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9
1 - Online Quiz(zes)
2 - Written Assessment
3 - Group Discussion
4 - Practical Assessment
5 - Online Quiz(zes)