LAWS205-15S Foundations in Legal-Studies

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TE PIRINGA FACULTY OF LAW
Foundations in Legal Studies LAWS205-15S (NET)
2015 Outline
1.
Identification of Paper
Paper: LAWS 205-15S (NET)
This paper carries 20 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
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, judicial precedent
and case analysis, an introduction to the law of torts, contracts, consumer, property, commercial,
and Wills 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 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 T semester as follows:
 Lectures and tutorials will be presented and accessible online via the University’s elearning platform called Moodle.
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 Students will contribute to online discussions throughout
 Students will conduct research of the material provided and the online Law Library
databases to answer set questions at the end of each Topic covered.
 Students will interact and communicate in specific Forums set up on Moodle in order to
build a learner-friendly class group online community for those enrolled in the paper.
All relevant reading and viewing material will be provided online on Moodle for the paper.
(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 Convenor 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.
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Required and Recommended Reading
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray &
Orpin, New Zealand Law Style Guide, 2nd edition, Thomson Reuters (2011). This is available from
Bennetts, at an approximate price of $37 including GST.
An online copy is also accessible on Te Piringa Faculty of Law webpage under Course Resources at
(http://www.waikato.ac.nz/law/student).
In addition to the texts identified above Te Piringa Faculty of Law requires that students access
course materials for this paper on Moodle (http://elearn.waikato.ac.nz), the University of
Waikato’s online learning system. Any such material is provided on the following terms:
University of Waikato owns the intellectual property rights, including copyright, in and to this site,
or has acquired the necessary licenses to display the material on the site. As a student of the Te
Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single
copy) the material from the papers in which you are enrolled for the purposes of participating in
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
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
Assessment Component
Test 1 (multi-choice)
% of Total
15%
Due Date
Test 1 is for 30 minutes,
Accessible on Friday, 9 January
2015, at 9am and
Due by Sunday, 11 January 2015, at
12 noon/midday.
Legal Research Quizzes
 Quiz 1 Database Research
Skills
 Quiz 2 Legislation Online
5% for each Quiz – 15%
Quizzes are for 15 minutes each;
Accessible from Monday, 12
January, at 9am and
Due by Sunday, 18 January, at 12
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 Quiz 3 Case Law Online
noon/midday.
Accessible on Monday, 19 January,
at 9am and
Due by Sunday, 25 January, at 12
noon/midday.
Case Analysis
18%
Legal Memorandum
25%
Accessible on Monday, 26 January,
at 9am and
Due by Sunday 1 February, at 12
noon/midday.
Test 2 (multi-choice)
15%
Test 2 is for 30 minutes;
Accessible on Friday, 6 February, at
9am and
Due by Sunday, 8 February at 12
noon/midday.
6 Tutorial Forums
12%
Each Tutorial Forums comprises 2
parts – Each week,
Student Tutorial answer
Due by Thursday, at 12 noon
Student Tutorial comment on one
of the other answers
Due by Sunday, at 12 noon
Test 1 will be accessible on Moodle and consist of 15 multi-choice question for 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 10 multi-choice questions over 15 minutes each.
Students will have two attempts for each Quiz 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 to
a problem solving fact scenario, using the IRAC format.
Test 2 will be accessible on Moodle and consist of 15 multi-choice questions from the topics
covered in Weeks 2-5.
The Tutorial Forums require students to contribute answers to tutorial questions by Thursday in
that week; and give one tutorial comment on one of the other answers by Friday in that week.
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The six assessment components will enable you to develop skills of statutory interpretation, case
analysis, legal research, and legal writing. Individual preparation and engagement in the Tutorial
Forums will also provide you with opportunities to practice examples before completing
assessments.
d)
Handing in, marking time and collection
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz).
See Te Piringa Faculty of Law Undergraduate Handbook, available at
http://www.waikato.ac.nz/law/undergraduate. It is the policy of Te Piringa Faculty of Law to
return marked work to students within five weeks of submission.
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
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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.
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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
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 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.
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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.
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Lecture Schedule Summer School 1
Week Commencing
Programme of lecture topics
5 January
(Summer semester 1 begins)
Week 1
Lectures are available on Moodle under the respective Theme
Theme 1 - The Nature of Law; the Treaty of Waitangi;
Theme 2 - New Zealand’s constitutional framework;
Tutorial Forum A – you must contribute answer by Thursday
midnight, and a comment on one of the other answers by
Friday midnight.
Assessment 1
15%
 Test 1, multi choice, 15 questions, 30 minutes;
 Accessible: 9am, Friday, 9 January;
 Due: 12 noon/midday, Sunday, 11 January.
12 January
Week 2
Theme 3 – Online Legal Research Skills, Legal Writing
Theme 4 – Legislation; Case law;
Tutorial Forum B – you must contribute answer by Thursday
midnight, and a comment on one of the other answers by
Friday midnight.
Assessment 2
15%
 3 x Legal Research Quizzes, each quiz has 10 questions,
15 minutes;
 Accessible: 9am, Monday, 12 January;
 Due: 12 noon/midday, Sunday, 18 January.
19 January
Week 3
Theme 5 - Statutory Interpretation
Theme 6 - Case Analysis
Tutorial Forum C – you must contribute answer by Thursday
midnight, and a comment on one of the other answers by
Friday midnight.
Assessment 3
18%
 Case analysis of a legal case;
 Accessible: 9am, Monday, 19 January
 Due: 12 noon/midday, Sunday, 25 January
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26 January
(Anniversary Day)
Week 4
Theme 7 – Introduction to Law of Torts
Theme 8 – Introduction to Law of Contracts
Tutorial Forum D – you must contribute answer by Thursday
midnight, and a comment on one of the other answers by
Friday midnight.
Assessment 4
25%
 Legal Opinion for legal problem
 Accessible: 9am, Monday, 26 January
 Due: 12 noon/midday, Sunday, 1 February.
2 February
(6 February Waitangi Day)
Week 5
Theme 9 – Introduction to Property Law
Theme 10 – Introduction to Wills
Tutorial Forum E – you must contribute answer by Thursday
midnight, and a comment on one of the other answers by
Friday midnight.
Assessment 5
15%
 Test 2, multi choice, 15 questions, 30 minutes;
 Accessible: 9am, Friday, 6 February;
 Due: 12 noon/midday, Sunday, 8 February.
9 February
Week 6
Theme 11 – Introduction to Consumer Law
Theme 12 – Introduction to Corporate Entities
Tutorial Forum F – you must contribute answer by Thursday
midnight, and a comment on one of the other answers by
Friday midnight.
Assessment 6
12%
 Collation of 6 Tutorial Forums submissions
 Accessible: 9am, Monday each week;
 Final Tutorial answer due Thursday, 12 February,
midnight;
Final Tutorial comment due Friday 13 February,
midnight.
16 February
23 February
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Examinations/Enrolment
Enrolment
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