City University of Hong Kong. Information on a Course offered by School of Law with effect from Semester B in 2012/2013

Transcription

1 City University of Hong Kong Form 2B Information on a Course offered by School of Law with effect from Semester B in 2012/2013 Part I Course Title: Personal Injuries Practice Course Code: PLE5028 Course Duration: 7 weeks (estimated) Credit Units: 2 Level: P Medium of Instruction: English Prerequisites: Nil Precursors: Nil Equivalent Courses: Nil Exclusive Courses: Nil PCLL: Personal Injuries Practice Form 2B (PLE5028 PI (Elective) Form 2B.Doc) 22 September

2 Part II Course Aims This course aims to prepare students for the practice of personal injuries litigation, so that, on completion of the Program, students who have taken this Elective will have the knowledge and skills to complete a range of services that would be undertaken by a personal injuries litigator in Hong Kong. Course Intended Learning Outcomes (CILOs) Upon successful completion of this course, students should be able to: No. CILOs 1. Conduct conference with a client in preparation for drafting court documents relating to a personal injuries litigation 2. Assess the likely outcome of a proposed course of action 3. Draft court documents relating to personal injuries litigation 4. Comply with court rules in relation to drafting of court documents relating to personal injuries litigation 5. Manage a personal injuries case from commencement of the action to trial 6. Assess the proportionality and reasonableness of your proposed advice 7. Consider settlement options and your client s best interests 8. Draft written advice to client 9. Prepare the case for trial 10. To discover how personal injuries litigations (specialty cases) differ from general civil lawsuits both in terms of substantive law and procedures Weighting (if applicable) Alignment of CILOs with PILOs Programme Intended Learning Outcomes Contributed to. 1-2, , Programme Intended Course Intended Learning Outcomes PCLL: Personal Injuries Practice Form 2B (PLE5028 PI (Elective) Form 2B.Doc) 22 September

3 Learning Outcomes Course Intended Learning Outcomes Contributed to , , , and Rationale for Teaching/Learning method(s) As the course is a skills based course, the focus will be on teaching skills, not black letter law, or rote learning. Accordingly, the emphasis will be on thinking and application. The skills taught are practice focused, to enable students to learn and develop the skills that all competent personal injuries litigators apply as trainee solicitors and pupil barrister or in the early years of practice. Large Group Sessions Seven large group sessions are scheduled for this course. Prior preparation is required for the large group sessions. Questions are encouraged in large group sessions and will give the principles raised in those sessions a practical meaning, context and emphasis. That emphasis will reflect, among other things, the importance of those points in practice. Small Group Sessions Seven small group sessions are scheduled for this course. The small group sessions also require prior work. Before small group sessions, students are required to prepare for the exercises by consolidating their reading for large group sessions, with what was discussed and learnt in large group sessions, and then applying that to the different problems presented in small group sessions. Small group sessions in this course will be highly participatory. In particular, students will be encouraged to develop and demonstrate the skills of a personal injuries litigator in these small group sessions. While the curriculum content will not change, this schedule (number of small and large group sessions) will need to fit into the timetabling of the new PCLL Program which is quite packed in terms of teaching. Therefore, this projected schedule may need to be slightly modified. PCLL: Personal Injuries Practice Form 2B (PLE5028 PI (Elective) Form 2B.Doc) 22 September

4 Teaching and Learning Activities (TLAs) (Indicative of likely activities and tasks designed to facilitate students achievement of the CILOs. Final details will be provided to students in their first week of attendance in this course) CILO No. TLAs Hours/week (if applicable) CILO 1 CILO 2 CILO 3 CILO 4 CILO 5 CILO 6 CILO 7 CILO 8 CILO 9 Students will receive instruction on how to conference with a witness in a large group session. They will have a conference with a client and receive feedback in a small group session. Students will receive instruction on what course(s) of action to take on behalf of the client during large group sessions. Students will receive instruction on how to draft these documents in large group sessions. They will then draft these documents and receive feedback in small group sessions and/or written comments on their submissions. Students will receive instruction on how to draft these documents in large group sessions. They will then draft these documents and receive feedback in a small group sessions and/or written comments on their submissions. Students will receive instruction in large group and small group sessions. Students will receive instruction on how to advise client on merits, quantum and evidence of the case. Students will receive instruction on the available settlement options, how to advise client on settlement options and assess on settlement offers made by opposition. Students will receive instruction on how to draft these documents in large group sessions. They will then draft these documents and receive feedback in a small group sessions and/or written comments on their submissions. Students will receive instruction on how to prepare a case for trial. PCLL: Personal Injuries Practice Form 2B (PLE5028 PI (Elective) Form 2B.Doc) 22 September

5 Assessment Tasks/Activities (Indicative of likely activities and tasks designed to assess how well the students achieve the CILOs. Final details will be provided to students in their first week of attendance in this course) Assessment 3.5 hour examination on problem solving and drafting a written advice, and drafting court document CILO No. Type of Assessment Tasks/Activities Weighting (if applicable) Remarks 1 9 Assessment Grading of Student Achievement: Set out below are the PCLL descriptors Course Indicative Grade Range PCLL Descriptors A- to A % Excellent The work meets the client s needs in all respects, evidenced by a superior grasp of the issues and subject matter good organization a capacity to analyze and synthesize possession of an extensive knowledge base a superior use of lawyer skills. B- to B % Good The work meets the client s needs in most respects, evidenced by a strong grasp of the issues and subject matter some critical and analytical ability an understanding of the applicable law and procedures a good use of lawyer skills. C & C % Pass The work meets the client s main needs, evidenced by an adequate grasp of the issues and subject matter an ability to develop solutions to the client s problems a basic use of lawyer skills. F 0 49% Fail The work does not meet the client s needs, evidenced by little or an insufficient grasp of the issues and subject matter critical and analytical ability understanding of the applicable law and procedures. Students will be assessed in examination condition for the Assessment which is worth 100% of the overall marks for this course. The grading will be A, B, C or Fail. PCLL: Personal Injuries Practice Form 2B (PLE5028 PI (Elective) Form 2B.Doc) 22 September

6 Part III Keyword Syllabus Conferencing with client Course(s) of action Court documents Case management Settlement Advice Preparation for trial Discovery of the difference between Personal Injuries Litigations and General Civil Lawsuits Recommended Reading Required Text Personal Injuries Practice Desk Book Recommended Text Rick Glofcheski, Tort Law in Hong Kong, 2 nd Edition, Sweet & Maxwell. Butterworths Hong Kong personal injury service, Butterworths Asia. Neville Sarony QC, Wai-Sum Chan and Felix Wai-hon Chan, Personal Injury tables Hong Kong 2005: tables for the calculation of damages, Sweet & Maxwell, Atkins court forms Hong Kong, Butterworths Asia. Patrick Curran QC, Personal injury pleadings, Sweet & Maxwell, Online Resources Hong Kong Judiciary Website PCLL: Personal Injuries Practice Form 2B (PLE5028 PI (Elective) Form 2B.Doc) 22 September