TE PIRINGA FACULTY OF LAW
Foundations in Legal Studies LAWS205-13T (NET) 2013 Outline
1.
Identification of Paper
Paper: LAWS 205-13T (NET)
This paper carries 20 points
2.
Staffing
Marie Were
3.
Convener and Lecturer
Phone: (07) 838 4466 ext 6495
Room: Law G.67
Email: mwere@waikato.ac.nz
Skype: mariewere (by arrangement)
Office hours: virtual hours to be advised
Description and Structure of Paper
(a) Description of the paper in University Calendar
A paper (NET) to provide students with an understanding of the New Zealand legal system, its
constitutional framework including the significant role of the Treaty of Waitangi, the nature of
law, classifications and sources of law, legislation and the legislative process, and judicial
precedent or legal cases An introduction to the law of torts, contracts, consumer, property, and
corporate entities law.
The paper is primarily designed to equip students with the skills necessary to utilize the law to
resolve legal problems by conducting legal research, analysing legal cases and writing this
research and analysis in the form of a legal opinion.
(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 discussions throughout
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 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 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.
The Law School places great emphasis on providing students with opportunities for high
achievement in law papers. Tutorials allow students to learn effectively and online tutorial
discussion 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
discussion forums are 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.
4.
Learning objectives of the paper
A student who has successfully completed this paper will be able to:



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
5.
Workload
Students should expect to spend 200 hours in total on this paper. In addition to engaging with
online weekly lectures and tutorial discussion 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.
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 to purchase 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.
7.
Online support
Online support for this paper is provided via Moodle.
8.
Assessment
a)
Requirements for assessed work
School procedures for the presentation of course work are set out in the Te Piringa Faculty of Law
Undergraduate Handbook which is available from http://www.waikato.ac.nz/law/undergraduate.
See also paragraph 11 on referencing guidelines and plagiarism.
Assignment resources are available online at http://www.waikato.ac.nz/law/student/
b)
Course Work: Final Examination Ratio 1:0
c)
Assessment Components
Assessment Component
Test 1
% of Total
20%
Due Date
Test is for 1 hour;
Accessible on Friday, 8 November
2013, 9am and due by 9pm on the
same day.
Legal Research Quizzes
15%
Students must
achieve 80% across all
3 Quizzes to achieve
15%. If 80% is not
achieved, the grade is
zero.
Quizzes are for 30 minutes each;
Accessible from Monday, 11
November, 9am and due by Sunday
17 November, 9pm.
25%
Legal Case accessible on Wednesday,
20 November, 9am and due by
Sunday, 24 November, 9pm
 Legal Research Quiz 1
Finding legislation
 Legal Research Quiz 2
Finding legal cases
 Legal Research Quiz 3
Using Westlaw NZ and
LexisNexis database
Case Analysis
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Legal Memorandum
25%
Legal Memorandum accessible on
Wednesday, 27 November, 9am and
due by Sunday 1 December 2013,
9pm
Completion of Five Discussion
Forums
Week 1
1a
1b
Week 3
2
Week 4
3
Week 5
4
Week 6
5
15%
OR
1.5%
1.5%
3%
3%
3%
3%
Discussion Forums are due Friday, 13
December 2013, 9pm.
Test 1 will be accessible on Moodle and consist of 10 short-answer questions from the topics
covered in Weeks 1.
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 multi-choice questions. Students will have two
attempts for each Quiz and if a second attempt is completed, the higher mark of the two will be
taken as the mark for that Quiz.
The Case Analysis requires students to analyse a legal case from the topics covered in Week 3.
The legal case will be drawn generally from all law topics covered.
The Legal Memorandum requires students to apply learning from the topics covered in Week 4
(Torts and/or Contracts law) to a problem solving fact scenario, using the IRAC format.
The Discussion Forums requires students to contribute answers or arguments to 5 Discussion
Forums during the semester from topics covered in Weeks 1, 3, 4, 5 and 6.
The five assessment components will enable you to develop skills of statutory interpretation, case
analysis, legal research, and legal writing. Individual preparation and engagement in the
Discussion Forums will also provide you with opportunities to practice examples before
completing assessments.
Completion of all assessments is an essential requirement of the paper for the purpose of the
assessment regulations. In other words, you must complete all five pieces of assessment to
complete the paper.
d)
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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.
Writing – major deficiencies in structure, style, grammar, spelling, proof reading and references
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 assessment 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 in 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 Resource Room, 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 supervening event occurred. It will be important to consider if the grant of
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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
Resource Room 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 2013 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 the Resource Room.
iii)
Appeals (University Calendar 2013, 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.
9.
University Calendar Regulations and Policies
Your attention is drawn to the following regulations and policies, which are published in the
University Calendar 2013:
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.
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11.
Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
12.
Referencing guidelines and caution against plagiarism
(a)
(b)
Referencing must be in accordance with the New Zealand Law Style Guide.
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 (2013
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/.
(c)
13.
Health and safety
The Law School’s Health and Safety representative is Ms Alison Saunders who is in Room Law G44
at ext 4167.
14.
Class representation
See p 68 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: Samantha Whittle, Student Services, ext.
6264, CHSSG.25 email: student.reps@waikato.ac.nz.
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 2013. See also the
document Student Support Structure at Te Piringa Faculty of Law, available from the Resource
Room.
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Lecture Schedule
T Semester 2013
Week 1: commencing 4 November
Programme of lecture topics
Lecture 1
 New Zealand Legal System, the Nature of Law;
 New Zealand’s constitutional framework;
 Treaty of Waitangi; and Aboriginal Title in our
constitutional arrangements.
Discussion forum 1a
 Questions about “What is Law?”
 New Zealand’s constitutional framework;
 Treaty of Waitangi and Aboriginal Title.
Lecture 2
 Classifications and Sources of Law;
 Legislation; and
 the Legislative process, from a Bill to an Act
Discussion forum 1b
 Questions about Classifications and Sources of
Law;
 Questions about Legislation and the Legislative
process
Assessment 1:
20%
 Test – online, 10 short answer questions
(accessible Friday 8th November, 9am-9pm for 1
hour)
Week 2 commencing 11 November
Lecture 3
 Legal Research
 Library Databases
Lecture 4
 Legal Writing
Assessment 2:
15%
 All Quizzes accessible from Monday, 11
November, 9am to Sunday 17 November, 9pm.
Students must complete all Quizzes during access
times.
 All Quizzes must be completed at 80% across all 3
grades to achieve 15%.
 Legal Research Quiz 1 Finding legislation
 Legal Research Quiz 2 Finding legal cases
 Legal Research Quiz 3 Using Westlaw NZ and
LexisNexis database
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Week 3 commencing 18 November
Lecture 5
 Statutory Interpretation
Lecture 6
 Case Analysis
Discussion forum 2
 Parts of a statute
 Parts of a legal case and
 Components of a legal case analysis
Assessment 3:
25%
 Briefing/analysing a legal case
 (accessible from Wednesday, 20 November,
9am to Sunday, 24 November, 9pm)
 Students must submit analysis during access
time)
Week 4 commencing 25 November
Lecture 7
 Introduction to Law of Torts
Lecture 8
 Introduction to Law of Contracts
Discussion forum 3
 Questions about Torts; a case study
 Questions about Contracts; a case study
Assessment 4:
25%
 Problem Solving, Writing a Legal Memorandum
 Accessible from Wednesday, 27 November, 9am
to Sunday, 1 December, 9pm
 Students must submit analysis during access
time.
Week 5 commencing 2 December
Lecture 9
 Introduction to Consumer Law
Lecture 10
 Introduction Corporate Entities
Discussion forum 4
 Consumer law, a case study
 Corporate Entities, a case study
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Week 6 commencing 9 December
Lecture 11
 Property Law: General Principles; Wills
Lecture 12
 Property Law: Property (Relationships) Act 1976
Discussion forum 5
 Questions about Wills and disposal of property
 Questions about Property (Relationships) Act
questions
Assessment 5:
15%
 All five Discussion forums must be completed by
Friday, 6th December 9pm
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