ASSESSMENT TASKS
The research theme for semester 2, 2016 is based on the role of judges and courts in the Australian legal system. Included in this theme is consideration of the adversarial process and dispute resolution through traditional (litigation) and alternative (e.g. mediation) means.
At the end of the semester, you will be required to write an essay (task 3) that addresses the following statement:
‘The adversarial process inhibits judicial creativity. Courts are not Law Reform Commissions. They do not select the questions they will decide; and in general they do not gather information extraneous to the evidence put before them. Courts do not have agendas.' Discuss
Source: Gleeson, Murray ‘The role of a judge in a representative democracy' (2008) 9(1) The Judicial Review 19, 26
You are required to attend at least 2 court hearings (for a minimum of 2 hours each) plus analyse and evaluate primary and secondary sources, using academic referencing (AGLC) in order to complete task 3. Tasks 1 & 2 will help you build the skills to enable you to write the final essay to an acceptable standard. More details of tasks 1-3 are set out below.
The skills we will work on throughout the semester are:
- how to do legal research (including locating and evaluating primary and secondary sources in law);
- how to correctly cite/reference secondary sources and primary sources following the rules of the Australian Guide to Legal Citation(AGLC)
- how to critically analyse secondary sources;
- how to read cases/legal judgments and how to read Statutes/Acts of Parliament; and
- how to write a research essay that addresses a research topic and is supported by primary and secondary sources which are properly referenced.
Legal research and writing demands that you consider contrasting or competing arguments and that you communicate your preferred stance in an ethical way and in accordance with scholarly conventions. It is important that you justify and substantiate your views by reference to the law and to what scholars have said about the law.
Task 1
Identification, Evaluation and Analysis of Secondary Sources with Reflection
Remember the final research essay statement is:
‘The adversarial process inhibits judicial creativity. Courts are not Law Reform Commissions. They do not select the questions they will decide; and in general they do not gather information extraneous to the evidence put before them. Courts do not have agendas.' Discuss
Objectives of task 1:
- locate two (2) secondary sources (at least one (1) must be a peer reviewed journal article) that are relevant to the final research essay statement;
- demonstrate understanding of referencing requirements using AGLC referencing rules;
- demonstrate an understanding of the difference between first person and third person writing;
- demonstrate an understanding of the differences between descriptive writing, analytical writing and reflective writing;
- explain the key points made in each of the secondary sources and explain how they are linked to the research statement;
- analyse the key points made in the two (2) secondary sources;
- compare and contrast the arguments made in the two (2) secondary sources; and
- reflect on the usefulness of the two (2) secondary sources for your final research essay, by evaluating their reliability and relevance.
Note: For this task you cannot use any of the secondary sources discussed in tutorials. (You should refer to the Tutorial Guide to check the sources that will be discussed throughout the semester).
Instructions for Assessment Task 1:
This task is not an essay- you do not need to write an introduction, body and conclusion. There are 2 parts to this task (Part A and Part B):
Part A:
Part A requires you to discuss each secondary source separately. This Part involves both descriptive writing and analytical writing. Make sure you address each of the requirements for both secondary sources.
Requirements:
(i) Find two (2) secondary sources that are relevant to the research topic. At least one (1) of your secondary sources must be a peer reviewed journal article. Provide a fully AGLC compliant reference for each secondary source using the requirements of an AGLC bibliography entry;
(ii) Explain the key points made in each secondary source using the third person;
(iii) Provide one (1) significant quote for each secondary source, and reference the quote using a fully AGLC compliant footnote. Explain why the quote is significant, using the third person. Use of appropriate language and style will be taken into account;
(iv) Critically analyse each secondary source by considering the claims made by the author and the quality of the evidence used to support the claims using the third person.
Aim to read widely and then choose the most appropriate sources to focus on for this assessment task. Keep your own record of any extra reading, as this may help with your final essay.
Part B:
Part B requires you to discuss the two (2) secondary sources together using techniques of reflective writing (please refer back to your lecture notes on reflective writing).Requirements:
In Part B you are required to reflect on the usefulness of two (2) secondary sources to the research topic.
Your reflection must include:
A comparison and reflection upon the reliability and usefulness of the two (2) secondary sources, written in the first person;
(i) A comparison and reflection upon the relevance of the two (2) secondary sources to the research statement (or aspects of the research statement), written in the first person;
(ii) A comparison and reflection upon the similarities and differences in the arguments raised by the two (2) secondary sources, written in the first person;
(iii) A reflection on the aspects of the research statement that are not covered by your two (2) secondary sources (and will require further research prior to submission of your final research essay), written in the first person.
Assessment Task 3
Assessment Task 3: Essay based on Research Topic and Court Observations
Instructions: Assessment Task 3
Table summarising your court visit (10%) and essay incorporating court observations (40 marks). Overall 50% of your final mark
Assessment Task 3 has 2 parts:
Part A is a summary of two (2) court visits made by you during the semester. Your summary must be incorporated into the table below.
See below for rules on Court etiquette - make sure you read these rules before attending court.
Part B is an essay based on the semester research topic and incorporating your court observations where relevant.
Part A
You are required to visit court on two (2) occasions during Semester 2 2016, for at least 2 hours each visit. We suggest that you visit different courts in the court hierarchy. Attendance at a tribunal (including VCAT) is not acceptable for this assessment task. You will be awarded zero marks if you write this assessment task based on your observations of a VCAT hearing or hearings.
We have allocated week 10 for court visits and therefore no lectures or tutes will occur in week 10 (however you can visit court at anytime during the semester at times to suit your own schedule).
Note: You cannot use information from visits to court prior to Semester 2, 2016 and you cannot report on court visits related to yourself or family members (as the purpose of these visits is to take an objective stance).
Requirements
Date and time of visit
Court attended
Name and title of judge/magistrate
Type of proceeding (e.g. traffic offence, family matter etc)
Details of legal representation
Observations on role of judge with emphasis on interactions with counsel and/or parties (with example(s) to support your observations)
Part B
Essay addressing the semester research topic (note that there is a rubric below setting out the mark allocation for this task).
You are required to write a short essay addressing the research topic we have been discussing throughout the semester. Your essay must incorporate observations from your court visits which are relevant to the research topic.
‘The adversarial process inhibits judicial creativity. Courts are not Law Reform Commissions. They do not select the questions they will decide; and in general they do not gather information extraneous to the evidence put before them. Courts do not have
agendas.' Discuss
Your essay must include an introduction, body paragraphs (with topic sentences) and a conclusion. Your essay must also have a clear contention which should be supported by your discussion and analysis throughout the essay.
Primary and secondary sources must be used in your essay
Minimum requirement:
You must refer to at least four (4) secondary sources. At least two of your sources must be sources other than those that you have used in Task 1 or that have been discussed in tutorials. You must also refer to at least two (2) primary sources. At least one (1) of your primary sources must be a source other than one which has been discussed in tutorials. At least one
(1) of your primary sources must be a statute.
Students are encouraged to use more than the minimum number of primary and secondary sources, and will be rewarded by higher marks where additional sources are used and incorporated into discussion and analysis of the research topic.
Third person
You must write this essay in the third person.
NOTE: This essay is not intended as an opinion piece. You must support any personal views by reference to relevant scholarly literature.
Referencing
You are required to use AGLC compliant footnotes to reference your sources. You must also provide an AGLC compliant bibliography recording all sources used. You are expected to use headings and sub-headings in your essay, customary in law. Refer to the attached assessment rubric for further information about the criteria upon which your essay will be assessed.
Attachment:- Assignment.rar