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Trial Advocacy I

Semester 1, 2023/2024
Trial Tutorials:
• Each tutorial group will have tutorials on
Advocacy I alternate weeks.
: Tutorial • Each tutorial is for two hours.

Tutors:
• Mr Magesan, Wednesday, 2-4pm, MMB
• Puan Shariza Shukor, Monday, 4-6pm, MMB
• Ms Rewathy Kutty, Tuesday, 2-4pm venue tbc
• Assoc Prof Zuraida:
Monday, 11-1pm, venue tbc
Tuesday, 11-1pm, venue tbc
Tuesday, 1-3 pm, venue tbc
Students will be on
Continuous Assessment
Detail weightage of the
Trial Advocacy Continuous Assessment :
I: Assessment 1. Individual reflective
journal: 20%
2. Group work: 40%
3. Advocacy/individual skills
demonstration: 40%
Advocacy
preliminaries
1. Ethics
Legal Profession (Practice and Eiquette)
Rules 1978

2. Self Presentation
Be the best-groomed version of yourself.
Advocacy preliminaries
3. Preparing for a trial

Client Research Drafting of Study of Preparation of Pre-trial case


consultation the the relevant managements
pleadings pleadings documents for
trial

Hearing
Preparation for trial : preparation of relevant
documents for trial
After the close of pleadings you will need to prepare the
following:
1. Bundle of pleadings.
2. Statement of agreed facts.
3. Statement of issues to be tried.
4. Case chronology
5. Common bundle of documents.
6. List of witnesses
Bundle of pleadings
Order 34 r(2)(2) ROC: At a pre-trial case management, the Court may consider
any matter including …..
(b) the period within which the plaintiff is to file a bundle of pleadings
consisting of one copy of each of the following documents, bound up in
proper chronological order and endorsed thereon the names, addresses and
telephone numbers of the solicitors for the parties or, in the case of a party
who has no solicitor, of the party himself:
(i) the writ; and
(ii) the pleadings (including any affidavits ordered to stand as pleadings), any
notice or order for particulars and the particulars given…
Example in template.
Statement of agreed facts
Order 34 r(2)(2) ROC: At a pre-trial case management, the Court may consider any
matter including …..
(j) the filing of a statement of agreed facts;

Section 3 of the Evidence Act 1950 defines “fact” to mean and include-
(a) anything, state of things or relation of things capable of being perceived by the
senses;
this means our eyes, ears, nose, tongue, mouth, skin, touch.

(b) any mental condition of which any person is conscious.


This means our thoughts, state of mind or emotions at the relevant time.
Statement of issues to be tried
Order 34 r(2)(2) ROC: At a pre-trial case management, the Court may
consider any matter including …..
(k) the filing of a statement of issues to be tried;

A statement of issues to be tried makes clear the legal issues for the
court to decide. It does not deal with the facts.
Statement of issues to be tried
Example 1:
A was involved in an accident. He was crossing the road when B who was
driving a car hit A.
Legal issue:
Whether the defendant B, was negligent when it hit A?
Whether there is any contributory negligence by A?

Example 2:
A and B entered into a contract for B to supply A with 10 packets of rice
within 2 weeks. B failed to supply the 10 packets of rice.
Legal issue:
Whether B has committed a breach of contract when he failed to supply A
with the 10 packets of rice within the stipulated time.

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