1 TE PIRINGA FACULTY OF LAW Legal Method LAWS103-15Y 2015 Course Outline Basic Information 1. Identification of Paper Paper: LAWS 103-15Y This paper carries 20 points 2. Staffing Cheryl Green (Convenor) Phone: (07) 838 4466 ext. 8222 Room: Law G. 24 Email: cherylg@waikato.ac.nz Available by appointment Wendy Ball Room: Law G.47 Email: wenb@xtra.co.nz Available on Thursdays – please make an appointment by email Gayle Williams Room: Law G.47 Email: gaylew@waikato.ac.nz Available on Tuesdays – please make an appointment by email The teaching staff are here to support you in your learning. However, please always bear in mind that the teaching staff have many other students and commitments. Consequently, should you wish to talk to a teacher outside lecture and workshop time, please request an appointment with him or her via email (unless the matter is urgent). Legal Research Assistance is available from the following law librarians: Kay Young, Jennifer Campion and Emma Pooley, who work at the Law Library (which is located on Level 4 of the Library/Student Centre). 3. Description and Structure of Paper This paper will teach you the basics of legal method, including legal research, reasoning and writing, case analysis, statutory interpretation and oral and written advocacy. You must develop these skills in order to study and practice law. This is a whole year paper. The paper is taught by way of an hourly lecture and a two hour weekly workshop throughout both A and B Semesters. 2 4. Learning outcomes A student who has successfully completed this paper will be able to demonstrate: A knowledge and understanding of the doctrine of precedent, forms of legal reasoning, case analysis, the legislative process and the principles of statutory interpretation; An ability to analyse common law and statutory interpretation cases and to appropriately apply and distinguish cases for the purposes of providing solutions for legal problems, mooting and/or writing essays; A knowledge and understanding of common print and electronic legal research resources and methods of information retrieval; An ability to communicate successfully in written and oral legal contexts; 5. What the teachers expect from you University study requires that you take charge of your own learning. The teachers are here to impart information, provide guidance and support, and to challenge you to rise to higher levels of achievement. However, it is entirely your responsibility to ensure that you prepare and participate fully in your learning by: Reviewing the set readings contained in the Course Materials book and any other materials the teacher specifies. Attending all lectures and workshops and taking good notes about what you are taught. Completing and correctly submitting all assessments (including ensuring that you have all relevant information required to do so). Checking your emails daily, and accessing Moodle at least weekly, so as to be aware of any updates and other information sent by the teaching staff, Te Piringa – Faculty of Law and the University. Managing your time so as to ensure you meet your commitments in this course and your other courses. Looking after your personal well-being and seeking appropriate assistance where needed. You should expect to spend approximately 200 hours in total on this paper. In addition to attending the lectures and workshops and reviewing your notes taken during these, you will need to spend time reviewing the set readings contained in the Course Readings book and any other materials the teacher specifies. Assignments will require you to devote sustained periods to reading, researching and writing. It is therefore important that you develop good time management skills. 6. Communication: Email, Moodle and the Faculty Newsletter 3 When you enrol, you will provide (or be assigned) an email address, and will be given access to Moodle. Email is the main means by which teaching staff, Te Piringa – Faculty of Law and the University communicate to students. You should therefore check your emails daily. Moodle is the University of Waikato online learning system, and is accessible at: http://elearn.waikato.ac.nz. Important information concerning your courses will be posted on Moodle, including any changes to the lecture or workshop schedule. Teachers may place lecture slides, additional readings and assessment information on Moodle. You should therefore check Moodle at least weekly. The University of Waikato owns the intellectual property rights in any materials on Moodle, and accordingly you are given access to that material on the following terms: The 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 you require assistance with Moodle, or encounter any problems with it, please contact the Help Desk. You can send a message to the 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. Te Piringa – Faculty of Law will send you regular newsletters via email. These newsletters contain updates, articles and notices relevant to law students. It is important that you review this newsletter for information that concerns you. 7. Links to other papers Legal Method is part of the Law 1 programme and its content has links to both Legal Systems and Societies and Constitutional Law. We recommend that you take Critical Reasoning (Phil. 103-15A (Hamilton) and 15B (Tauranga)), which is taught by the Philosophy Department, as one of your non-law papers. Taking this course will assist you to develop your critical thinking skills, which are crucial to the study and practice of law. 4 8. Essential Faculty Publication You should ensure that you have a copy of Te Piringa – Faculty of Law, Undergraduate Handbook 2015 This is available from the Faculty http://www.waikato.ac.nz/law/undergraduate. Reception, and also accessible at: This publication contains essential information concerning studying for your law degree, and also the policies and procedures of Te Piringa – Faculty of Law. 5 Lectures and Workshops 1. Lectures Hamilton campus students The lectures are held each week on Monday at 10am – 11am in L.G.01. (L.G.01 is situated in L Block, not the Law Faculty). Please refer to Appendix 1 of this course outline for the proposed lecture schedule. Tauranga campus students The lectures are recorded and made available to Diploma of Law students who are in Tauranga. The recordings are available on Panopto: http://coursecast.its.waikato.ac.nz/Panopto/Pages/Default.aspx Every effort will be taken to make the recordings available as soon as possible after the delivery of the lecture. However, sometimes there are delays due to technical reasons beyond the teaching staff’s control. When such delays happen, please be patient and watch the Moodle noticeboard for any updates or announcements as to when the recordings will be available. 2. Workshops General information Workshops are held weekly; each workshop runs for two hours. The workshops are divided into several streams. You will be placed into a stream when you enrol into this paper. Before lectures begin, a timetable will be sent to you confirming the stream you are in. Workshop attendance is compulsory. During the workshops you will develop your skills and knowledge by way of working on practical exercises. Legal Method can be learnt only by practice, practice and more practice. If you cannot attend your normal workshop due to illness or other unavoidable personal circumstances, you should try to attend another workshop held during that week. After the first two weeks of Semester A, you cannot change the stream that you are enrolled in, except with the permission of the teacher whose stream you wish to change to. You must also advise the Faculty administrator that you have changed your stream so that this can be recorded. 6 Workshop Timetable – Hamilton The times and rooms for the Legal Method workshops in Hamilton are: Mon 2pm 4 pm LAW.G.04 Stream R Mon 3pm 5pm TC 3.36 Stream S Tue 11:00 am LAW.G.02 Stream T Tue 06:00 pm LAW.G.04 Stream U Thu 08:00 am LAW.G.03 Stream V Thu 04:00 pm LAW.G.03 Stream X Fri 10:00 am 01:00 pm 08:00 pm 10:00 am 06:00 pm 12:00 pm LAWG.03 Stream Y Workshop Timetable – Tauranga The times and rooms for the Legal Method workshops in Tauranga are: Thu 06:00 pm 8:00 pm BOPP.DT.207 Stream A Fri 06:00 pm 8:00 pm BOPP.DT.207 Stream B The Friday workshop for Tauranga will only be held if numbers warrant holding this workshop. Faculty policy on attendance of workshops Te Piringa – Faculty of Law places great emphasis on providing students with opportunities for high achievement in law papers. Workshops allow students to learn effectively in smaller groups. Attendance is required for satisfactory completion of the paper. An understanding of topics and materials discussed in the workshops is essential in order for you to do well in the assessments, and to succeed in your future study and career. Attendance will be a factor taken into consideration if a student fails the paper and applies for re-entry to the paper in subsequent years. For this reason, attendances at the workshops will be recorded. Students who do not attend at least two of the first 3 tutorials will receive a letter from their teacher on behalf of Te Piringa – Faculty of Law drawing your attention to your nonattendance. The letter will restate the importance of workshops. The letter will also say that 7 workshop attendance will be a factor taken into consideration in the event that a student is required to apply for re-entry. Required and Recommended Texts and Readings 1. Required Texts and Readings You must purchase (and bring to lectures and workshops): McLay, Murray & Orpin, New Zealand Law Style Guide, (2nd ed, Wellington, Thomson Reuters, 2011). (available from Bennetts Bookshop) LAWS103-14Y Legal Method Course Readings (available from Waikato Print) 2. Highly Recommended Texts We strongly recommend that you consult the following texts in order to enhance your understanding of the course content. You are not required to purchase these, and can borrow them from the Law Library. J.F. Burrows Statute Law in New Zealand (4th ed, Wellington, LexisNexis, 2009) M. Greville, J S Davidson, R Scragg Legal Research and Writing in New Zealand (3rd ed, Wellington, LexisNexis, 2007) S. Penk & M. Russell New Zealand Legal Method Handbook (Wellington, Thomson Reuters NZ Ltd, 2014) P. Spiller (Ed) Butterworths New Zealand Law Dictionary (6th ed, Wellington, LexisNexis, 2005) R. Scragg (ed) Legal Writing A Complete Guide for a Career in Law (Wellington, LexisNexis NZ Ltd, 2015) R. Scragg The Principles of Legal Method in New Zealand (2nd ed, Australia, Oxford University Press, 2009) D Webb, K Sanders & P. Scott The New Zealand Legal System: Structures and Processes (5th ed, Wellington, LexisNexis, 2010) NB One of each of the above texts will be put on Course Reserve in the Library for students. 8 3. Other Useful Publications You may find the following publications useful as you embark on your law studies. M. Brogan & D. Spencer Surviving Law School (2nd ed, Australia, Oxford University Press, 2008) New Zealand Law Students’ Association Mental Wellness Guide Book for New Zealand Law Students (available at: http://www.nzlsa.co.nz/wpcontent/uploads/2013/08/Mental-Wellness-Book-.pdf) 9 Assessment 1. Coursework: Final Examination Ratio: 100:0 This paper has no final examination and is 100% internally assessed. assessments. There will be five NOTE: All the assessments are compulsory. Failure to complete any of these assessments may mean you cannot pass the course. 2. Assessment Components The assessments (and the percentage that they contribute to your final grade) are as follows: Component Percentage of overall mark Due date Online Quizzes x 10 10% See attached schedule 2 Take home test 25% Legal Opinion Assessment 25% 8am Mon. 8 June Friday 28 August Mooting Assessment: Part 1: Written Submission 25% Part 2: Oral Presentation 5% See attached schedule 3 Workshop Assignments To be advised 10% Further information about each assessment will be provided in due course. 3. Presentation and Submission of Internal Assessment Requirements for assessed work a) Unless you have been advised otherwise, the first page of your assignment must clearly state: Assignment title Question or Topic (if applicable) Student ID Paper number and name Stream (if applicable) Tutorial Group (if applicable) Name of Lecturer/Tutor Due Date b) Your assignment should be formatted to the following specifications: 10 Times New Roman font, 12pt 1.5 lining spacing Left margin: 5cm. Other margins 2.5cm. As assignment template incorporating the above specifications and including a coversheet is available at www.waikato.ac.nz/law/student c) Referencing in your assignment must be in accordance with the New Zealand Law Style Guide (2nd ed) Thomson Reuters 2011 d) Online submission You must submit your assignment electronically through Moodle (http://elearn.waikato.ac.nz) by the specified due date. Online submission instructions can be found at www.waikato.ac.nz/law/student. You are not permitted to email your assignments directly to the lecturers and, consequently, doing so will not count as submission. If you require assistance with submitting your assignment, please contact the Help Desk by using the instant message service in your paper (from the Participants list at the top left). Alternatively, you contact the Help Desk by email (help@waikato.ac.nz) or telephone (838 4008). The exception to the submission of assignments electronically are: I. II. the workshop assignments which will be handed in during the workshops; and the mooting submissions which are to be handed in as per the instructions in Schedule 3 of this outline. 4. Assessments in Te Reo Māori Students have the right to use the Māori language in written assessment work. If you wish to exercise this right, please complete the relevant application form available at the Faculty Reception. The application needs to be completed and submitted no later than 14 days before the assessment is due. 5. Assessment Regulations 2005 The Assessment Regulations 2005 prescribe the University-wide policies and procedures governing the setting, marking and grading of assessments, missed examinations, impaired performance or impaired preparation time for an examination, and missed or impaired course work. The Regulations are available at: http://calendar.waikato.ac.nz/assessment/assessment.html. Students must ensure they comply with these regulations. 11 6. Plagiarism All assignments and/or written work you submit must be your own original work. You must not plagiarise. Plagiarism is defined in regulation 3 of the Assessment Regulations as follows: 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) All submitted assignments are screened by a computer programme in order to detect plagiarism. Where plagiarism has occurred, the student’s assignment will be failed, and disciplinary action may be taken. The Te Piringa Faculty of Law’s policy regarding plagiarism is in the Te Piringa Faculty of Law Undergraduate Programmes Manual, available from: http://www.waikato.ac.nz/law/undergraduate/ 7. Electronic devices in tests and examinations No electronic devices are allowed in internal tests or examinations. 8. Marking and return of assignments It is the policy of Te Piringa – Faculty of Law that generally assessments will be marked within five weeks of the due date. Students should not contact the teaching staff to ask when the assignments will be marked before that five week period has elapsed. All assessed course work is to be collected from the Faculty’s Reception. You will be required to present your ID card. 9. 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. For each assignment, you will receive a marking guide that sets out the factors that the marker will consider for that particular assignment. What is expected for assignments will be discussed at workshops. Assignments must conform to the requirements set out in the New Zealand 12 Style Guide. It is also expected that your assignments do not contain spelling or grammar errors. Major deficiencies in structure, style, grammar and spelling will result in lower marks. 10. Overdue assignments You are required to complete and submit your assignments by the due dates. Unless you have been granted an extension or special consideration, 2.5 marks will be deducted for each day that the assignment is overdue. Assignments may not be marked where they are submitted two weeks after the due date. 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. 11. Extensions for Internal Assessment In appropriate circumstances, you can apply for an extension of the due date for an assessment: Extensions can be granted only because of illness, family bereavement, or serious personal accidents/circumstances. You must provide adequate evidence supporting your application. Extensions cannot be granted because, for example, you have other assignments due at the same time, or that your computer or printers have malfunctioned. You must complete the extension application form, which is available from the Faculty Reception. Extensions cannot be applied for by any other means. You must submit the completed application form addressed to the Chairperson of the Faculty. The application must then be submitted in person to the Faculty Reception. Whether an extension is granted, and the length of any such extension, is at the discretion of the Chairperson of the Faculty. Extensions can only be given for a maximum period of 14 days, unless the Chairperson of the Faculty is satisfied that there are exceptional circumstances warranting a longer extension period. The policies governing extensions for internal assessment are set out in full in the Undergraduate Programmes Manual available from the School of Law Undergraduate website http://www.waikato.ac.nz/law/undergraduate/. 13 12. Special Consideration for Internal Assessment You may be entitled to apply for special consideration where circumstances beyond your control prevented you from attending or presenting internal assessment, or seriously impaired your preparation or performance in the internal assessment: You must complete an application for special consideration, which is available from the Faculty Reception. The completed application must be submitted in person to the Faculty Reception no later than 72 hours after the assessment due date. Your application must be supported by evidence acceptable to the Course Convenor, such as: (a) A medical certificate for an illness or injury affecting the period relevant to the particular assessment; or (b) Evidence of any other circumstance and its effect on you over the period relevant to the particular assessment. If your application is accepted, the Course Convenor will: (a) Estimate a mark for the assessment; or (b) If it is practicable to do so, offer you an opportunity to submit or repeat the original assessment or submit an alternative assessment. The policies governing special consideration for internal assessment are set out in the University Calendar 2015 which lists 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. You are responsible for ensuring that you comply with these regulations. 12. Appeals You may appeal against any decision taken by Te Piringa – Faculty of Law under the Assessment Regulations 2005 as set out in the University Calendar 2015. 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 14 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. Please refer to regulation 24 of the Assessment Regulations 2005 for further information concerning appeals. 15 Other Important Information 1. University Calendar Regulations and Policies Your attention is drawn to the following regulations and policies, which are published in the University Calendar 2015: 2. 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. Fees Information on the fees payable for this paper and other papers is available at: http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html. 3. 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. 4. Class representation At the start of Semester A, students will be asked to select class representatives for this paper. Contact details for the Student Representation Coordinator, Academic Services Division, are: Jeanie Richards, (Student Services, ext. 8221, email: student.reps@waikato.ac.nz). 5. Complaints procedures The brochure Student Concerns and Complaints Policy provides details of the University’s process for handling concerns and complaints. This is available from Faculty and School Offices, The Gateway and Student Services Division; it is also contained in the Calendar 2015. See also the document Student Support Structure at Te Piringa Faculty of Law, available from Faculty Reception. 16 Appendix 1 Lecture and Assessment Schedule Lecture Schedule A Semester Week Commencing Programme of lecture topics 2 March (Semester A Starts) Introduction 9 March Legal Method - overview Online Quiz 1 closes midnight Monday 9 March 16 March Research Online Quiz 2 closes midnight Monday 16 March 23 March Research Online Quiz 3 closes midnight Monday 23 March 30 March (3 April Good Friday) Research Online Quiz 4 closes midnight Monday 30 March 6 April Tuesday) Assessments (Easter Monday & Teaching Recess 13 April Teaching Recess 20 April (25 April Anzac Day) Statutory Interpretation Online Quiz 5 closes midnight Monday 20 April 27 April (27 April ANZAC Day - No lecture – public holiday observed) Online Quiz 6 closes midnight Tuesday 28 April 4 May Statutory Interpretation Online Quiz 7 closes midnight Monday 4 May 11 May Statutory Interpretation Online Quiz 8 closes midnight Monday 11 May 17 18 May Introduction to critical thinking Online Quiz 9 closes & arguments midnight Monday 18 May 25 May Law Examination Techniques 1 June (1 June Queen’s Birthday) No lecture – public holiday Take home test opens Friday 5 June 8am 8 June Study Week Take home test closes Monday 8 June 8am 15 June Examinations 22 June Examinations 29 June Teaching Recess 6 July Teaching Recess/Enrolment & Test Online Quiz 10 closes midnight Monday 25 May 18 Lecture Schedule B semester Week Commencing Programme of lecture topics 13 July (Semester B Starts) Case analysis 20 July Case analysis 27 July Case analysis 3 August Case analysis 10 August Legal writing - Opinion 17 August Legal writing - Opinion Legal Opinion Assessment available 24 August Teaching Recess Legal Opinion Assessment due midnight Friday 28 August 31 August Teaching Recess 7 September Guest lecture 14 September (17 September Legal writing Kingitanga Day) submissions/Advocacy – 21 September Legal writing submissions/Advocacy – 28 September No lecture Mooting assessments 5 October No lecture Mooting assessments 12 October No lecture Mooting assessments 19 October Study Week 26 October (26 October Labour Examinations Day) 2 November Examinations 19 Appendix 2 Legal Method Online Quizzes 2015 Date assigned It is anticipated that at least some of the online quizzes will be accessible on Moodle on 2 March 2015. Each quiz must be completed and submitted by the relevant due date. Online Quiz Description Quiz 1 – Law Library basics Quiz 2 – Academic Integrity Quiz 3 – Legal Writing Quiz 4 – Online Research Quiz 5 – Legislation 1 Quiz 6 – Legislation 2 Quiz 7 – Case Law 1 Quiz 8 – Case Law 2 Quiz 9 - Journal Articles Quiz 10 – Evaluating Information Due date Monday 9 March 2015 Monday 16 March 2015 Monday 23 March 2015 Monday 30 March 2015 Monday 20 April 2015 Tuesday 28 April 2015 Monday 4 May 2015 Monday 11 May 2015 Monday 18 May 2015 Monday 25 May 2015 Online Quiz Completion Requirements The quizzes can be completed at any time before the due date. Quizzes submitted after the due date will not be accepted, unless an extension has been granted. Each quiz is comprised of short answer questions. Students can have two attempts at each quiz. The questions are randomly selected, meaning that the second attempt at the quiz can contain different questions from the first attempt. Each attempt of each quiz will result in a recorded mark for that quiz and the higher mark of the two attempts of that quiz will be the final mark for that particular quiz. Online Quiz Marking Apportionment Completing and submitting all 10 tests comprises 10% of the total course mark. Each of the 10 tests is worth 1% of the total course mark. You must complete all 10 tests. 20 Appendix 3 Legal Method Mooting Assessment 2015 Date of availability to students of the Mooting Assessment problem. The Mooting Assessment problem will be available to students from 9am on the day of a student’s normal Workshop. Group 1: Assigned in the week commencing 7 September 2015 Group 2: Assigned in the week commencing 14 September 2015 Group 3: Assigned in the week commencing 21 September 2015 Date of students’ filing of submissions and presentation of the Mooting Assessment. The students must have the written submissions in by 12 noon (12pm) on the day before their mooting presentation. If their mooting presentation is on a Monday, the students must have the written submission in by 12 noon (12pm) the previous Friday. Group 1: Due in week commencing 28 September 2015 Group 2: Due in week commencing 5 October 2015 Group 3: Due in week commencing 12 October 2015 Marking This assessment is worth 30% of the total course mark. 25% is allocated to the written submissions and 5% is allocated to the oral presentation. Although moots are conducted in teams of two, each student is marked individually. Filing of submissions Submissions must be filed by each student by the date above. Marks will be deducted for late filing at a rate of 2.5 marks per day in accordance with the assessment regulations. Mooting pairs can hand in their submissions at the same time if they wish to. The submission document has to have a cover sheet which must contain: the name and student identification number of the person/s handing it in name of that student’s mooting partner (if handing it in as an individual student) the date and time of the moot the name of their workshop teacher Hamilton students – must physically hand their submission in to Faculty Reception by the time set out above. Do not email your submission to the Faculty Reception or to your teacher – they will not be accepted. Tauranga students – must physically hand in their submission to their workshop teacher by the date and time set out above. Do not email your submission to the Faculty Reception or to your teacher – they will not be accepted.