TE PIRINGA FACULTY OF LAW
Introduction to New Zealand Law & Societies LAWS105-15B (NET)
2015 Outline
1.
Identification of Paper
Paper: LAWS 105-15B (NET)
This paper carries 15 points
2.
Staffing
Marie Were
3.
Convenor and Lecturer
Phone: (07) 838 4466 ext 6495
Room: Law G.67
Email: mwere@waikato.ac.nz
Office hours: virtual hours to be advised
Description and Structure of Paper
(a) Description of the paper in University Calendar
An introduction for non-lawyers to the nature and functions of law and the processes of lawmaking. The relationship between law and society will be illustrated by relevant examples.
(b) Structure of the Paper
This is a NET paper offered in B semester through a combination of directed teaching and learning
using a variety of delivery presentations (written, audio, video, virtual) - lectures and tutorials.
The teaching component comprises 4 hours per week in B semester as follows:
 Lectures and tutorials will be presented and accessible online via the University’s elearning platform called Moodle.
 Students will contribute to online discussions throughout
 Students will conduct research of the material provided and the online Law Library
databases to answer set questions at the end of each Topic covered.
 Students will interact and communicate in specific Forums set up on Moodle in order to
build a learner-friendly class group online community for those enrolled in the paper.
All relevant reading and viewing material will be provided online on Moodle for the paper.
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(c) Attendance
Te Piringa Faculty of Law places great emphasis on providing students with opportunities for high
achievement in law papers. Tutorials allow students to learn effectively and online tutorial forums
will be arranged on Moodle (where students need to contribute and be prepared to discuss their
answers to the tutorial questions). Participation in the online tutorial forums is a compulsory
element of the paper and required for satisfactory completion of the paper. An understanding of
topics and materials discussed in the tutorials is essential for success in both internal assessment
and examinations.
A record will be kept of student forum contributions for the tutorials. Students who do not
contribute to at least two of the first 3 tutorials will receive a letter from the faculty. The letter
will restate the importance of tutorials. The letter will also say that tutorial contributions will be a
factor taken into consideration in the event that the student is required to apply for re-entry.
4.
Learning outcomes
A student who has successfully completed this paper will be able to:
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5.
Carry out basic legal tasks/skills including legal research and legal writing, legislation and
case law, and to apply the law particularly in the area of common law transactions used in
New Zealand;
Identify and discuss key institutions, personnel, functions and processes of the New
Zealand legal system; and
Identify and discuss key elements of some common law transactions used in New Zealand
Workload
Students should expect to spend 150 hours in total on this paper. In addition to viewing lecture
material on Moodle, significant time will need to be spent on background and complementary
reading. Students should allow for periods of more-focused research time in the preparation of
assignments.
6.
Required and Recommended Reading
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray &
Orpin, New Zealand Law Style Guide, 2nd edition, Thomson Reuters (2011). This is available from
Bennetts, at an approximate price of $37 including GST.
An online copy is also accessible on Te Piringa Faculty of Law webpage under Course Resources at
(http://www.waikato.ac.nz/law/student).
In addition to the texts identified above Te Piringa Faculty of Law requires that students access
course materials for this paper on Moodle (http://elearn.waikato.ac.nz), the University of
Waikato’s online learning system. Any such material is provided on the following terms:
University of Waikato owns the intellectual property rights, including copyright, in and to this site,
or has acquired the necessary licenses to display the material on the site. As a student of the Te
Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single
copy) the material from the papers in which you are enrolled for the purposes of participating in
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the paper only, provided the information is not modified. Materials may not under any
circumstances be copied, stored, distributed or provided in any form or method whatsoever to
any third party. Any other use of the material is prohibited. None of the material may be
otherwise reproduced, reformatted, republished or re-disseminated in any manner or form
without the prior written consent of University of Waikato. To obtain such consent, please
contact the Te Piringa Faculty of Law.
If students would like to access further readings, we recommend the following texts:
Webb, D., Sanders, K., & Scott, P. The New Zealand Legal System: Structures, Processes & Legal
Theory (5th ed) (Wellington: LexisNexis Butterworths, 2010).
Grant Morris,Law Alive: The New Zealand Legal System in Context (3rd ed, Oxford University
Press, Melbourne 2014).
7.
Online support
Online support for this paper is provided via Moodle.
8.
Assessment
a)
Requirements for assessed work
Te Piringa Faculty of Law procedures for the presentation, submission and referencing of course
work are set out in the Te Piringa Faculty of Law Undergraduate Handbook @ p.33 which is
available from http://www.waikato.ac.nz/law/undergraduate.
Assignment resources are available online at http://www.waikato.ac.nz/law/student/
b)
Coursework: Final Examination Ratio: 1:0
c)
Assessment Components
Component
Legal Research Quizzes
 Quiz 1 Databases
 Quiz 2 Legislation Online
 Quiz 3 Legal Cases Online
Percentage mark
Due date
15%
Quizzes are for 15 minutes each;
Each of the 3
Due by Sunday, 2 August, 12 midday
quizzes is worth 5%
Test 1 (multi-choice)
15%
Test is for 30 minutes;
Due by Thursday, 9 August, 12 midday
Test 2 (short answer)
18%
Test is for 1.5 hours;
Due by Sunday, 23 August, 12 midday
Legal Writing Assignment
25%
Due by Sunday, 27 September, 12 midday
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Test 3 (multi-choice)
15%
Test is for 30 minutes;
Due by Sunday, 4 October, 12 midday
12 x Tutorial Forum
contributions
12%
Each Tutorial Forums comprises 2 parts with
weekly due dates for answer and comment
contributions.
In the final week of semester, Tutorial forum
answers will be
Due by Thursday, 15 Ocbtober, 12 midday;
Tutorial forum comments will be
Due by Friday, 16 October, 12 midday.
Total
100%
The Legal Research Quizzes will incorporate a library and online research component from the
topics covered in Week 2 including 3 online Quizzes. Students will read material covering each
Quiz topic and complete the Quiz comprising 10 multi-choice questions over 15 minutes each.
Students will have one attempt for each Quiz. Each quiz is worth 5%.
Test 1 and 3 requires students to answer multi-choice questions from selected Themes already
covered.
Test 2 requires students to answer short answer questions on the parts of a statute and a legal
case.
The Legal Writing assessment requires students to apply learning from relevant selected Themes
to a problem solving fact scenario, and will concentrate on the Application of the law to the facts.
The Tutorial Forums require students to contribute answers to tutorial questions by Thursday in
that week; and give one tutorial comment on one of the other answers by Friday in that week.
The six assessment components will enable you to develop skills of statutory interpretation, case
analysis, legal research, and legal writing. Individual preparation and engagement in the Tutorial
Forums will also provide you with opportunities to practice examples before completing
assessments.
d)
Handing in, marking time and collection
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz).
See Te Piringa Faculty of Law Undergraduate Handbook, available at
http://www.waikato.ac.nz/law/undergraduate. It is the policy of Te Piringa Faculty of Law to
return marked work to students within five weeks of submission.
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If you require assistance with Moodle, or encounter any problems, please contact the Help Desk.
You can send a message to Help Desk by using the instant message service in your paper (from
the participants list within the People block). Alternatively, you can email them directly at
help@waikato.ac.nz or call 838 4008.
e)
Measurement of Achievement
Achievement in examinations and tests will be measured primarily in terms of levels of
understanding and knowledge gained. Achievement in assignments will be measured also in
terms of fluency and accuracy of expression and referencing.
Major deficiencies in structure, style, grammar and spelling will result in lower marks.
f)
Management of assessment deadlines, process for requesting extensions and special
consideration, and for appeals
(i)
Extensions
Students are required to complete and submit all internal assessments by specified dates. The
meeting of deadlines is a mark of professionalism and its enforcement is essential for fairness to
all students taking the paper. Handing in course work on or before the due date also facilitates
the timely return of marked work by academic staff. Students should meet requirements as to
time deadlines for course work, or make a request for an extension or special consideration in
appropriate circumstances (see Undergraduate Programmes Manual available from the School of
Law Undergraduate website http://www.waikato.ac.nz/law/undergraduate/). Failure to comply
with requirements as to the time deadlines for internal assessment without having successfully
applied either for an extension or special consideration with supporting evidence before the due
date will result in deduction of 2.5 marks for each day the work is late. Lateness of more than a
week may result in the work not being marked. No deadlines may be extended beyond two
weeks after the last teaching day of the semester(s) in which the paper is taught as final grades
must go to the Board of Examiners at this time. Unless an extension in writing has been granted,
a lecturer may refuse to accept a piece of work which is submitted after the specified date, and
automatically award it no mark, or may lower the mark as a penalty for lateness.
Applications for extension, on the form obtainable from the Law Reception, must be submitted to
the Chief Examiner or nominee. Students should not submit the extension form to the lecturer,
nor should students seek extensions from the lecturer via other forms of communication.
Extensions will be granted only on evidence of illness, family bereavement, or serious personal
accidents or circumstances. Please note that too many assignments due at the same time is NOT
an acceptable reason, neither are claims that computers and/or printers have crashed. Account
will be taken of the time in which the student has had to complete the internal assessment before
the intervening event occurred. It will be important to consider if the grant of the extension will
give the student in question an unfair advantage over other students. A maximum period of 14
days will be given as an extension unless there are exceptional circumstances. In determining
applications the Chief Examiner or nominee may consult with the Convenor or lecturer of the
relevant paper.
When the Chief Examiner or nominee has made a decision on the application for extension, the
nominated Administrative Assistant will advise the student of the decision by email. Following
this, the extension form will be given to the relevant lecturer who will retain it until after the
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assignment is marked and returned to students. The form will then be placed on the student’s
file. It should be noted that if an extension of longer than 14 days is granted, the assignment will
not be automatically printed out and delivered to the lecturer, therefore the lecturer is
responsible for ensuring the assignment is printed. In appropriate cases, when a student’s
application for extension is declined the Chief Examiner or nominee will inform the student of the
process for applying for special consideration.
ii)
Special Consideration
The Assessment Regulations 2005 as set out in the University Calendar 2015 list in detail the
university-wide policies and procedures, which apply concerning missed examinations, impaired
performance or impaired preparation time for an examination, and missed or impaired course
work. Students are responsible for ensuring that they comply with these regulations. Application
forms for special consideration for internal assessment are available from law reception.
iii)
Appeals (University Calendar 2015, Assessment Regulations 2005, Reg. 24)
A student may appeal against any decision taken under these regulations.
An appeal, comprising a written statement of the circumstances of the appeal, together with
supporting evidence if available, must be submitted by the student in writing to the Head of
Student & Academic Services not more than seven days after the date on which notification of the
relevant decision is received.
Appeals under this section are considered and decided by the Deputy Vice-Chancellor by
delegated authority of the Education Committee.
A decision by the Deputy Vice-Chancellor is notified in writing, and is final.
iv) No electronic devices are allowed in any internal tests or exams.
v) If you wish to submit your Internal Assessment in Māori, you need to obtain an application
form from the Law Reception at least 14 days before the assessment is due.
vi) If you wish to apply to write your official exams in Māori, you need to complete the official
application form from the University’s Assessment Office.
(refer to the Policy on the Use of Māori for Assessment in the University Calendar)
9.
University Calendar Regulations and Policies
Your attention is drawn to the following regulations and policies, which are published in the
University Calendar 2015:
Assessment Regulations 2005
Student Discipline Regulations 2014
Computer Systems Regulations 2005
Policy on the Use of Māori for Assessment
Student Research Regulations 2008
Ethical Conduct in Human Research and Related Activities Regulations 2008.
10.
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Links to other papers
This paper may be credited to degree programmes as an elective paper, including towards the LLB
programme, subject to individual programme regulations and approval of the appropriate
School/Faculty.
Restriction: LAWS205
11.
Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
12.
(a)
(b)
(c)
Referencing guidelines and caution against plagiarism
Referencing must be in accordance with the New Zealand Law Style Guide (2nd Ed)
Thomson Reuters 2011.
All written work submitted for the purposes of assessment must be your own work.
Copying or paraphrasing all or part of another person’s work, be it published or
unpublished, without clear attribution, is plagiarism. Plagiarism is misconduct and is dealt
with under the disciplinary procedures of the University as outlined in the Student
Discipline Regulations 2014 in the University Calendar.
“Plagiarism means presenting as one’s own work the work of another, and includes the
copying or paraphrasing of another person’s work in an assessment item without
acknowledging it as the other person’s work through full and accurate referencing; it
applies to assessment presented through a written, spoken, electronic, broadcasting,
visual, performance or other medium.” See section 3, Assessment Regulations (2015
Calendar)
The Te Piringa Faculty of Law’s policy regarding plagiarism is Te Piringa Faculty of Law
Undergraduate Programmes Manual, available from:
http://www.waikato.ac.nz/law/undergraduate/.
13.
Health and safety
The Faculty of Law’s Health and Safety representative is TBA. Please report the incident to the
Law Reception - Room Law G.44 or call ext 4167.
14.
Class representation
Contact details for the Student Representation Coordinator, Academic Services Division, are as
follows: Jeanie Richards, Student Services, ext. 8221, email: student.reps@waikato.ac.nz.
Further information can be found at the Class Rep google site.
15.
Complaints procedures
The Student Complaints Procedures provides details of the University’s process for handling
concerns and complaints and is published in the University Calendar.
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Lecture and Tutorial Schedule - B Semester
Week Commencing
Programme of lecture topics
13 July (Semester B Starts)
Theme 1
Lecture - Making Rules & Class Contract
Assessment Tutorial A forum
– your answer contribution Due by Thursday midnight;
– your comment contribution Due by Friday, midnight
20 July
Theme 2
Lecture - Nature & Functions of Law
What is “law”, how does it operate, and why does society uphold it?
What is the difference between a common law system as we have in
New Zealand; and a civil law system such as seen in France and
Germany?
Assessment Tutorial B forum
– Practice Quiz for the Module, Introduction to Legal Research &
Law Library Due by Friday midnight.
Assessment: Library Legal Research Quizzes (3)
Accessible: Monday, 20 July, 12 midday;
27 July
Theme 3
Lecture - Law Sources
Where does the law come from? What are legislation and legal
cases?
Assessment Tutorial C forum
– your answer contribution Due by Thursday midnight;
– your comment contribution Due by Friday, midnight.
Assessment: Library Legal Research Quizzes (3)
Due: Sunday, 2 August, 12 midday;
3 August
Theme 4
Lecture - New Zealand’s Constitutional Arrangements
Who really has the power in NZ, how does it operate, and why does
it work?
Assessment Tutorial D forum
– your answer contribution Due by Thursday midnight;
– your comment contribution Due by Friday, midnight.
Assessment: Test 1 (multi-choice)
Accessible: Friday, 7 August, 12 midday;
Due: Thursday, 9 August, 12 midday;
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10 August
Theme 5
Lecture - Making and Changing the Law
What is the process to make and change the law? Some case studies;
Assessment Tutorial E forum
– your answer contribution Due by Thursday midnight;
– your comment contribution Due by Friday, midnight.
17 August
Theme 6
Lecture - Judges and the Courts
Why do we have Courts, and who are the Judiciary?
Assessment Tutorial F forum
– your answer contribution Due by Thursday midnight;
– your comment contribution Due by Friday, midnight.
Assessment: Test 2 (short answer questions)
Accessible: Friday, 21 August, midday;
Due: Sunday, 23 August, 12 noon
24 August
Teaching Recess
31 August
7 September
Teaching Recess
Theme 7
Lecture - Alternative Dispute Resolution
What is it and how does it work?
Assessment Tutorial G forum
– your answer contribution Due by Thursday midnight;
– your comment contribution Due by Friday, midnight.
Assessment: Legal Writing Assignment
Accessible: Monday, 14 September, 12 midday;
14 September (17 September
Kingitanga Day)
Theme 8
Lecture - Maori Law & the Treaty of Waitangi
What is it and what does it mean for me?
Assessment Tutorial H forum
– your answer contribution Due by Thursday midnight;
– your comment contribution Due by Friday, midnight.
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21 September
Theme 9
Lecture - Issues in Criminal and Civil law
Burden of proof; Know my rights?
Assessment Tutorial I forum
– your answer contribution Due by Thursday midnight;
– your comment contribution Due by Friday, midnight.
Assessment: Legal Writing Assignment
Due: Sunday, 27 September, 12 noon
28 September
Theme 10
Lecture - Making Contracts
What is a simple contract and how do I make one?
Assessment Tutorial J forum
– your answer contribution Due by Thursday midnight;
– your comment contribution Due by Friday, midnight.
Assessment: Test 3 (multi-choice)
Accessible: Friday, 2 October, 12 midday;
Due: Sunday, 4 October, 12 midday
5 October
Theme 11
Lecture - The Consumer?
What rights do I have before and after I buy “goods”?
Assessment Tutorial K forum
– your answer contribution Due by Thursday midnight;
– your comment contribution Due by Friday, midnight.
12 October
Theme 12
Lecture - Issues in Property law
What is real and personal property?
Assessment Tutorial L forum
– your answer contributions Due by Thursday midday;
– your comment contributions Due by Friday midday
Assessments: Tutorial forums A-L
Accessible and Due: each week
Final week: Due Friday, 16 October, 12 midday
19 October
26 October (26 October Labour Day)
2 November
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Study Week
Examinations
Examinations