TE PIRINGA FACULTY OF LAW Introduction to New Zealand Law & Societies LAWS105-15S (NET) 2015 Outline 1. Identification of Paper Paper: LAWS 105-15S (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 S 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 8 hours per week for 6 weeks in S 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. 1 All relevant reading and viewing material will be provided online on Moodle for the paper. (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 computer log will be kept on Moodle of student participation on the tutorial forums. Students who do not participate will be contacted by the Convener on Moodle to restate the importance of tutorial forum participation and that student participation 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: 5. Carry out basic legal tasks/skills including legal research and legal writing, statutory interpretation and case analysis, and to apply that information 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: 2 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 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 3 Component Legal Research Quizzes Quiz 1 LR Skills Quiz 2 legislation Quiz 3 legal cases Percentage mark 15% Each of the 3 quizzes is worth 5%. Due date Quizzes are for 15 minutes each; Accessible from Monday, 12 January, 9am and Due by Sunday, 18 January, 12 noon/midday. Test 1 (multi-choice) 15% Test is for 30 minutes; Accessible from Friday, 16 January, 9am and Due by Sunday, 18 January, 12 noon/midday. Test 2 (short answer) 18% Test is for 1.5 hours; Accessible from Friday, 23 January, 9am and Due by Sunday, 25 January, 12 noon/midday. Legal Writing Assignment 25% Accessible on Monday, 26 January, 9am and Due by 9pm on Sunday, 8 February, 12 noon/midday Test 3 (multi-choice) 15% Test is for 30 minutes; Accessible from Thursday, 12 February, 9am and Due by Friday, 13 February, 12 noon/midday. 12 x Tutorial forum contributions 12% Each Tutorial Forums comprises 2 parts – Student answer by Thursday, midnight; Student comment on one other answer by Friday, midnight. Due by Friday, 13 February, midnight. 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 requires students to contribute answers and arguments plus critique other students’ answers for 12 Tutorial forums during the semester from all Themes covered. Your answer contributions must be made no later than Friday and final contributions (comment) are due on Sunday at 12 noon. 4 The 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. 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 5 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 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. 6 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. 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 Law School’s Health and Safety representative is Ms Renee Rewi in LAW.G 71 on extension 6727, but if she is not available, 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. 15. 7 Complaints procedures The brochure Student Concerns and Complaints Policy provides details of the University’s process for handling concerns and complaints and is available from Faculty and School Offices, The Gateway and Student Services Division and is contained in the Calendar 2015. See also the document Student Support Structure at Te Piringa Faculty of Law, available from law reception. 8 Lecture and Tutorial Schedule Summer School 1 – S semester Week Commencing Programme of lecture topics 5 January (Summer semester 1 begins) Theme 1 Lecture: Making Rules & Class Contract Tutorial A forum – your answer contribution must be made no later than Thursday; – your comment contribution is Due on Friday, midnight. 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? Tutorial B forum – your answer contribution must be made no later than Thursday; – your comment contribution is Due on Friday, midnight. 12 January Theme 3 Lecture: Law Sources Where does the law come from? What are legislation and legal cases? Tutorial C forum – your answer contribution must be made no later than Thursday; – your comment contribution is Due on Friday, midnight. Theme 4 New Zealand’s Constitutional Arrangements Who really has the power in NZ, how does it operate, and why does it work? Tutorial D forum – your answer contribution must be made no later than Thursday; – your comment contribution is Due on Friday, midnight. Assessment: Library Legal Research Quizzes (3) Accessible: Monday, 12 January , 9am; Due: Sunday, 18 January, 12 noon; Assessment: Test 1 (multi-choice) Accessible: Friday, 16 January, 9am; Due: Sunday, 18 January , 12 noon; 19 January 9 Theme 5 Making and Changing the Law What is the process to make and change the law? Some case studies; Tutorial E forum – your answer contribution must be made no later than Thursday; – your comment contribution is Due on Friday, midnight. Theme 6 Judges and the Courts Why do we have Courts, and who are the Judiciary? Tutorial F forum – your answer contribution must be made no later than Thursday; – your comment contribution is Due on Friday, midnight. Assessment: Test 2 (short answer questions) Accessible: Friday, 23 January, 9am; Due: Sunday, 25 January, 12 noon; 26 January (Anniversary Day) Theme 7 Alternative Dispute Resolution What is it and how does it work? Tutorial G forum – your answer contribution must be made no later than Thursday; – your comment contribution is Due on Friday, midnight. Theme 8 Maori Law & the Treaty of Waitangi What is it and what does it mean for me? Tutorial H forum – your answer contribution must be made no later than Thursday; – your comment contribution is Due on Friday, midnight. Assessment: Legal Writing Assignment Accessible: Monday, 26 January, 9am; 2 February (6 February Waitangi Day) Theme 9 Issues in Criminal and Civil law Burden of proof; Know my rights? Tutorial I forum – your answer contribution must be made no later than Thursday; – your comment contribution is Due on Friday, midnight. Theme 10 Making Contracts What is a simple contract and how do I make one? Tutorial J forum – your answer contribution must be made no later than Thursday; 10 – your comment contribution is Due on Friday, midnight. Assessment: Legal Writing Assignment Due: Sunday, 8 February, 12 noon 9 February Theme 11 The Consumer? What rights do I have before and after I buy “goods”? Tutorial K forum – your answer contribution must be made no later than Thursday; – your comment contribution is Due on Friday, midnight. Theme 12 Issues in Property law What is real and personal property? Tutorial L forum – your answer contribution must be made no later than Thursday; – your comment contribution is Due on Friday, midnight. Assessment: Test 3 (multi-choice) Accessible: Thursday, 12 February, 9am; Due: Friday, 13 February, 12 noon; Assessments: Tutorial forums A-L Accessible: 9am each week – your answer contribution must be made no later than Thursday; – your comment contribution is Due on Friday, midnight. Final Tutorial comment contributions, Due Friday, 13 February, midnight 11