LAWS105-14T Introduction to New Zealand Law and Society

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Te PIRINGA FACULTY OF LAW
Introduction to New Zealand Law and Society
2014 Outline
1.
Identification of Paper
Paper: LAWS 105-14T (NET)
This paper carries 15 points
2.
Staffing
Marie Were
Convener and Lecturer
Phone: (07) 838 4466 ext 6495
Room: Law G.67
Email: [email protected]
My virtual office hours - by Student private folders on Moodle
On campus office hours - by email appointment.
3.
Description and Structure of Paper
(a) Description of the paper in University Calendar
An online paper (NET) to provide students with an introduction to the nature and functions of
law, and to the processes of law-making in New Zealand. The relationship between law and
society will be illustrated by relevant examples.
The paper is primarily designed to equip students with the basic skills necessary to utilize the law
to resolve legal problems by conducting basic legal research, basic legal case analysis, and writing
this research and analysis in the form of a legal memorandum.
(b) Structure of the Paper
This is a NET paper offered in T 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 T 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 tutorial forums throughout.
 Students will conduct research of the material provided and the online Law Library
databases to answer set questions at the end of each theme covered.
 Students will interact and communicate in specific forums set up on Moodle in order to
build a learner-friendly class group online community with those enrolled in the paper.
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All relevant reading and viewing material will be provided online on Moodle for the paper.
Lecture and stream timetable and rooms
The lecture hours are:
8 hours per week online, on Moodle.
(c) Attendance/Contributions
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 participation in the tutorial forums. Students who do not
participate in at least two of the first 3 tutorial forums will receive a letter from the Faculty. The
letter will restate the importance of tutorials. The letter will also say that tutorial participation will
be a factor taken into consideration in the event that the student is required to apply for re-entry.
4.
Learning objectives of the paper
A student who has successfully completed this paper will be able to:
 Identify and discuss key institutions, personnel, functions and processes of the New Zealand
legal system; and
 Carry out basic legal tasks/skills including legal research and legal writing; and
 Identify the parts of a statute and a legal case, and apply the law particularly in the area of
statutory and common law transactions used in New Zealand; and
 Discuss the operation of the law including alternative methods of dispute resolution.
5.
Workload
Students should expect to spend 150 hours in total on this paper. In addition to engaging with
online weekly lectures and tutorial forums, 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.
Analytical and discussion skills will be developed through students completing weekly tutorial
forums. These tutorial forums will also enhance computer skills.
6.
Required and Recommended Reading
All law students are required to use in all law papers, McLay, Murray & Orpin, New Zealand Law
Style Guide, 2nd edition, Thomson Reuters (2011). This is available from Bennetts, at an
approximate price of $37 incl GST.
A copy of McLay, Murray & Orpin, New Zealand Law Style Guide, 2nd edition, Thomson Reuters
(2011) is also available on the Faculty of Law website under Course Resources at
(http://www.waikato.ac.nz/law/student)
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In addition to the text above, the Law School 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
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 (2nd ed, Oxford University
Press, Melbourne 2012).
7.
Online support
Online support for this paper is provided on Moodle (Private folders to communicate with
Lecturer), Skype, and email.
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 at page 51 which is
available from http://www.waikato.ac.nz/law/undergraduate. See also page 66 on plagiarism.
Also refer to paragraph 12 in this document.
An assignment template document including coversheet will be made available on Moodle with
the relevant assessment materials or can be accessed on the Law Student Homepage
http://www.waikato.ac.nz/law/student.
b)
Course Work:Final Examination Ratio 1:0
Course Work: 100%
No final examination
c)
Assessment Components
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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, 17
November, 9am and Due by
Sunday, 19 November, 12 noon.
Test 1 (multi-choice
questions)
15%
Test is for 30 minutes;
Accessible from Friday, 21
November, 9am and Due by
Sunday, 23 November, 12 noon.
Test 2 (short answer
questions)
18%
Test is for 1.5 hours;
Accessible from Friday, 28
November, 9am and Due by
Sunday, 30 November, 12 noon.
Legal Writing
Assignment
25%
Legal Writing Assignment
Accessible on Monday, 1
December, 9am and Due by 9pm
on Sunday, 14 December, 12 noon.
Test 3 (multi-choice
questions)
15%
Test is for 30 minutes;
Accessible from Thursday, 18
December, 9am and Due by Friday,
19 December, 12 noon.
12 x Tutorial forum
contributions
12%
Tutorial forum contribution to be
completed in each week – Answer
contribution by no later than
Friday and Due by Sunday, 12 noon
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.
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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 are due on
Sunday at 12 noon.
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),
and include a coversheet. The coversheet template is provided on the Law Student Homepage
(http://www.waikato.ac.nz/law/student. See Te Piringa - Faculty of Law Undergraduate
Handbook, available at 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
[email protected] 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
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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 interrvening 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 2014 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 2014, 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 Academic Programmes Committee.
A decision by the Deputy Vice-Chancellor is notified in writing, and is final.
iv)
No electronic devices are allowed in any internal test or exams.
v)
If you wish to submit your Internal Assessment in Mãori, you need to obtain an application
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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 Mãori, you need to complete the official
application form from the University’s Assessment Office.
(refer to the Policy on the Use of Mãori 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 2014:
Assessment Regulations 2005
Student Discipline Regulations 2008
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
The Foundations in Legal Studies paper is an essential requirement of the Graduate Diploma in
Dispute Resolution programme. The paper is primarily designed to equip students with the skills
to complete the law papers which are part of the Diploma. Subject to approval, the paper may be
taken as an individual interest paper or by students enrolled in a qualification other than Law.
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 2008 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 (2014
Calendar)
The Te Piringa Faculty of Law’s policy regarding plagiarism is contained in the Te Piringa
Faculty of Law Undergraduate Handbook and the Te Piringa Faculty of Law Undergraduate
Programmes Manual, available from http://www.waikato.ac.nz/law/undergraduate/.
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13.
Health and safety
The Law School’s Health and Safety representative is to be advised, but if there is a problem,
please report the incident to the Law Reception - Room Law G.44 or call ext 4167.
14.
Class representation
See p.43 Te Piringa Faculty of Law Undergraduate Handbook available from
http://www.waikato.ac.nz/law/undergraduate/. Contact details for the Student Representation
Coordinator, Academic Services Division, are as follows: Jeanie Richards, Student Services, ext.
8221, email: [email protected]
15.
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 2014. See also the
document Student Support Structure at Te Piringa Faculty of Law, available from law reception.
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Lecture and Tutorial Schedule Summer School 2 – T semester
Week Commencing
Programme of lecture topics
10 November
(Summer School 2
commences
- T semester)
Theme 1
Lecture: Making Rules & Class Contract
Tutorial A forum
– your answer contribution must be made no later than Friday;
– your final contribution is Due on Sunday at 12 noon
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 Friday;
– your final contribution is Due on Sunday at 12 noon
17 November
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 Friday;
– your final contribution is Due on Sunday at 12 noon
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 Friday;
– your final contribution is Due on Sunday at 12 noon
Assessment: Library Legal Research Quizzes (3)
Accessible: Monday, 17 November, 9am;
Due: Sunday, 23 November, 12 noon;
Assessment: Test 1 (multi-choice)
Accessible: Friday, 21 November 9am;
Due: Sunday, 23 November, 12 noon;
24 November
Theme 5
Making and Changing the Law
What is the process to make and change the law? Some case studies;
Tutorial E forum
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– your answer contribution must be made no later than Friday;
– your final contribution is Due on Sunday at 12 noon
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 Friday;
– your final contribution is Due on Sunday at 12 noon
Assessment: Test 2 (short answer questions)
Accessible: Friday, 28 September, 9am;
Due: Sunday, 30 November, 12 noon;
1 December
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 Friday;
– your final contribution is Due on Sunday at 12 noon
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 Friday;
– your final contribution is Due on Sunday at 12 noon
Assessment: Legal Writing Assignment
Accessible: Monday, 1 December, 9am;
8 December
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 Friday;
– your final contribution is Due on Sunday at 12 noon
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 Friday;
– your final contribution is Due on Sunday at 12 noon
Assessment: Legal Writing Assignment
Due: Sunday, 14 December, 12 noon
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15 December
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 Friday;
– your final contribution is Due on Sunday at 12 noon
Theme 12
Issues in Property law
What is real and personal property?
Tutorial L forum
– your answer and final contribution is Due on Friday at 12 noon;
Assessment: Test 3 (multi-choice)
Accessible: Thursday, 18 December 9am;
Due: Friday, 19 December, 12 noon;
University close 19 December
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