SCHOOL OF LAW LAWS2321 Litigation 2 Undergraduate Core Units of Credit: 6 Contact hours per week: 4 COURSE OUTLINE SESSION 2, 2011 Convenor: Dr Annie Cossins Room 333, Faculty of Law Building, Lower Campus Ph: 9385 2246 a.cossins@unsw.edu.au 1 CONTENTS 1 Course Information 1.1 Teaching staff and classes 3 1.2 The Relationship between Research and Teaching 4 1.3 Course Description 4 1.4 Aims, Learning Outcomes and Graduate Attributes 4 1.5 Course Texts and Materials 5 1.6 Class Schedule and Reading Guide 1.7 Teaching Rationale 2 3 Assessment Appendix 1 6 6 2.1 Teaching Philosophy and Expectations on Students 6 2.2 Assessment Requirements 6 2.3 Assessment Criteria 7 2.4 Assessment Timetable: Links to Learning Outcomes & GAs 8 2.5 Formal Matters 8 3 Additional Resources for Students 8 4 Continual Course Improvement 9 4.1 CATEI Evaluation Policy 9 4.2 Course Evaluation and Quality Enhancement for this Course 9 Appendix 1: Class Schedule and Reading Guide 10 Appendix 2: Advanced Court Observation and Report Assignment 13 Appendix 3: UNSW Law School Graduate Attributes 18 Appendix 4: Formal Matters Relating to Assessment 20 Appendix 5: Academic Misconduct and Plagiarism 23 Appendix 6: Administrative Matters and Student Support Services 26 2 1. COURSE INFORMATION 1.1 Teaching staff and classes The Convenor of Litigation 2 is Associate Professor Annie Cossins. Whilst the Convenor is available to answer questions from any student about the course it is important for students to discuss course-related issues with their own lecturer before contacting the Convenor. Lecturers are available for student consultation by appointment and students should make initial contact in class, or by email to make an appointment. The Litigation 2 lecturers in 2011 are: Annie Cossins a.cossins@unsw.edu.au; 9385 2246; Rm 333, Law Building James Metzger jdmetzger@gmail.com Richard Weinstein dickbar@selbornechambers.com.au Brenda Tronson brenda.tronson@unsw.edu.au Verity McWilliam mcwilliam@mpchambers.net.au Class Times Details about your classes – times, venues & dates are available from the Law School website at: http://www.law.unsw.edu.au/current_students/timetable/index.asp Please note that you should double check that the timetable and the dates you have nominated for teaching agree. Time Monday/Thursday 9 – 11 3547 Law G23 James Metzger Monday/Wednesday 11-1 Tuesday/Friday 8185 Law G02 Annie Cossins 2–4 3545 Law 303/Quad G032 James Metzger 6–8 8184 Law 303 Verity McWilliam & Brenda Tronson 3548 Law G23 Annie Cossins 3546 Law G02 Richard Weinstein Each class group will cover the same topics, although there may be some differences in the order, readings and emphasis. The written assessment for all groups is the same and each class group is assessed by its own lecturer. Students are assessed by the same standards no matter which class they are enrolled in. Lecturers consult regularly on a large range of issues associated with teaching and assessment and cross mark assessment. Blackboard As a student in this program you will also have access to the Blackboard course page. Blackboard is an online materials and support site designed to complement your learning. Students are provided with personalised usernames (z plus your Student ID number) and passwords (zPass) to log onto the site to access information and resources specifically related to the courses in which they are enrolled. Typically, a Blackboard site includes course outlines, course handouts, links to law libraries, feedback from lecturers, discussion areas, and email facilities. Students should ensure that they log into their Blackboard courses at least once a week as it is where lecturers will provide information and materials to supplement your studies. UNSW Blackboard supports the following web browsers for Windows XP or VISTA: · Internet Explorer (IE) version 7 or 8 · Firefox 3.0.x (must run version 3.0.3 and above) UNSW Blackboard supports the following web browsers for Mac 10.4 or 10.5, 3 · Firefox 3.0.x (must run version 3.0.3 and above) · Safari 2 or 3 Note: Mac OS 10.3 is not supported. To log on to your Blackboard site, you will need to follow these steps: 1. Go to the TELT gateway (http://telt.unsw.edu.au/) and click the link to log into Blackboard. 2. Enter your Student ID and your zPass to login. 3. Choose from the courses that you are enrolled in. Information and Blackboard support can also be found on the TELT gateway. For information on the zPass or how to create your zPass, visit Zpass information 1.2 The Relationship between Teaching and Research It is the policy of the Law School as far as possible to allow teachers to teach in their area of research and expertise. This means that students are exposed to academics and researchers who are experts in their fields. The areas of expertise of this course vary. The teachers in this course either publish or practice in the field of evidence law. Annie Cossins researches and publishes in the area sexual assault law reform. Her publications and work with government over many years have resulted in changes to the law of hearsay, judicial warnings, privileges and the law of consent. Her present research involves mock jury studies to test the effect of expert opinion evidence and judicial directions on jurors’ misconceptions in child sexual assault trials. Verity McWilliam is at the NSW Bar, having previously worked for the Crown Solicitor’s Office and for several judges in the Federal jurisdiction. Her areas of practice include public law, human rights/discrimination, commercial equity, employment and land and environment law. James Metzger has researched and practiced in the areas of criminal and civil litigation in the United States and Australia. Brenda Tronson is a barrister practising in public law and commercial law. She has a BCL and MPhil from Oxford and worked as associate to Justice Crennan. Richard Weinstein is in his 19th year of practice at the New South Wales bar. He specialises in medical negligence but conducts a varied general civil practice. The wealth of research and experience of all of theses teachers ensures that this course is both current and relevant, as the course description below indicates. 1.3 Course Description This course is one of the core subjects for law and will normally be taken after completion of Litigation 1. It introduces students to the rules of evidence under the Evidence Act 1995 (NSW) as well as issues relating to trial procedure. Litigation 2 is not an advocacy skills course but a good grasp of the rules of evidence and procedure is a pre-requisite to becoming an accomplished advocate. The topics dealt with generally follow those in the Litigation 2 text: Hunter J, Cameron C & Henning T, Litigation II: Evidence and Criminal Process (7th ed) LexisNexis B’worths (2005), Chapters 14-27. The material in the course incorporates the changes to the Evidence Act 1995 (NSW) contained in the Evidence Amendment Act 2007 (NSW) which came into force in January 2009. 1.4 Aims, Expected Learning Outcomes and Graduate Attributes The course aims to introduce students to the evidence law and policy framework relating to the following topics: Adversarialism, the accused and the criminal trial; Relevance and discretionary and mandatory exclusions; Proof and judicial knowledge; Obtaining testimony (prosecutorial fairness, unrepresented accused, testimonial competence and compellability); 4 Questioning witnesses in court (examination in chief, cross-examination, re-examination, unfavourable witnesses, credibility attacks on witnesses, special rules regarding sexual offences); The hearsay rule and its exceptions; Evidence of opinion and expert testimony; The accused and limitations on evidence (the accused as a witness, his/her right to silence, character, tendency and coincidence evidence); Unreliable evidence, judicial directions and warnings. The UNSW Law School also aims to develop specific attributes (or capacities) in all of its law graduates. These attributes are: 1. Core disciplinary knowledge—you will have a functioning and contextual knowledge of evidence law; 2. Transferable intellectual skills—you will gain intellectual skills in problem solving and critical reflection about the law of evidence; 3. Research skills—you will have the opportunity to develop your research skills during completion of the mid-semester assessment; 4. Communication skills—you will develop written and oral skills through the oral and written assessment tasks in this course (see ‘assessment’, below); 5. Personal and professional skills—you will develop a heightened understanding of the role of evidence law in the criminal justice system and be able to reflect on the effectiveness of evidence law. Accordingly each assessment item relates to one or more of the Law School GAs. These attributes are described more fully in Appendix 3. The overall course aims and related assessment goals are: to establish a basic knowledge of the doctrine, principles and rules relating to procedure and evidence law in both civil and criminal litigation in the trial stage. The final exam and the court observation report provide students with structured opportunities to acquire and demonstrate a functioning and contextual knowledge of law and legal institutions and the intellectual skills of analysis, synthesis, critical judgment, reflection and evaluation in the application of the law to new problems [see UNSW Law School Graduate Attributes 1 & 2]; to foster personal and professional values gained from an understanding and sensitivity to a variety of related ethical, social, economic, political and justice issues affecting the formal resolution of criminal and civil matters: eg defence and prosecutorial practices; the use of judicial resources; the role of juries; the accused’s position in court: [see LS GA 2, 5]. The structured court observation and class discussion more broadly, develop student’s understanding of the functioning of the rules of evidence in their social and professional context. to foster students’ critical analytical skills and enhance their understanding from a social justice orientation of trial-related practice issues via structured observation and discussion: LS GA 1, 2, 4 & 5]. to provide students with the opportunity to actively engage in the learning experience through classroom discussions and court observations. This enhances their ability to critically evaluate trial processes from legal and social justice perspectives. It also enhances challenging their assumptions and beliefs: LS GA 1, 2, 4 & 5]. 1.5 Course Texts and Materials Required texts: Hunter J, Cameron C & Henning T, Litigation II: Evidence and Criminal Process (7th ed) LexisNexis Butterworths (2005) Litigation 2, 2011 Supplementary Materials (available from Week 2 at the UNSW Bookshop). The amended sections of the consolidated Evidence Act 1995 (NSW) that are directly relevant to the topics covered in Litigation 2 have been extracted in the Supplementary Materials. Strongly Recommended One of: Evidence Act 1995 (NSW), as amended to January 2009 or Odgers S, Uniform Evidence Law (9th Ed) Law Book Co 2010 or Anderson J, Clegg, L & Williams N, The New Law of Evidence: Annotation and Commentary on the Uniform Evidence Acts, 2nd edition, LexisNexis Butterworths EPD, Sept, 2009. 5 Other Recommended Texts and Materials ALRC Report 102, Review of the Uniform Evidence Act, Dec, 2008 Byrne P & Heydon JD, Cross on Evidence: Sixth Australian Edition Looseleaf, LexisNexis Butterworths (available Butterworths Online) Gans J & Palmer A, Uniform Evidence Oxford University Press, 2010 Ligertwood, A & Edmond, G, Australian Evidence: A Principled Approach to the Common Law and the Uniform Acts, LexisNexis Butterworths, 2010 1.6 Class Schedule and Reading Guide See Appendix 1. 1.7 Teaching Rationale In Litigation 2, teachers aim to give students the opportunity to learn independently, yet within a supportive environment. Being familiar with teaching and learning from both a practical and scholarly perspective, Litigation 2 teachers recognise that there are many different learning styles, and many different personalities interacting within a classroom, and beyond. Litigation 2 teachers thus try to offer a variety of learning experiences to allow the many different students to engage comfortably with the course. Since a number of teachers will be involved in this subject teaching methods may vary somewhat from group to group, depending on the preference of the individual teacher and the composition of the class. The basic approach taken in the subject is that the teacher leads class discussion of assigned materials which have been read beforehand by students. Students will also have opportunities for applying what they are learning, and developing co-operative skills through problem solving of hypothetical questions. This approach is designed both to foster skills referred to earlier and to encourage a thorough understanding of material which, initially at least, may present conceptual difficulties. In some classes students may be asked to present material. Thorough preparation for class in this subject is required. It is essential to promote a high level of discussion and analysis. It is also necessary to enable students to understand the principles and concepts under consideration. The materials for the course attempt to present new concepts in a manner that aids understanding, but a failure to grasp material presented earlier in the course may lead to serious difficulties later. It is essential, therefore, that students keep up to date during the course, and ensure that they understand each area of as it is covered in class. 2. ASSESSMENT 2.1 Expectations on students: attendance & participation – the 80% attendance rule Our philosophy of teaching is based on the knowledge that students learn most effectively when they are actively engaged in the learning process. Students are expected to attend class and to prepare for, and participate in discussion, and to complete satisfactorily all components of assessment. A student who does not attend 80% of classes may be refused the right to submit their assessment unless they can provide adequate reasons to vouch for absences. In order to develop critical thinking in relation to the course objectives, students are expected to read course materials and other resources closely, and are encouraged to look at a range of other material recommended from time to time in class or (when available) on your lecturer’s blackboard site. 2.2 Assessment Scheme Compulsory Assessment 1. Advanced Court Observation Assignment (30%) (Due 4pm, Friday 2 September 2011) This assignment requires you to observe a criminal trial and present your observations in the form of a poster, short film or audio recording. Students can choose to complete this assignment individually, in pairs for the poster format, or in small groups for the audio visual format. A detailed description of this assignment is contained in Appendix 2. 2. Final Exam (70%) An open book examination scheduled during the formal end-of-year examination period. In order to pass Litigation 2 a student must obtain at least 40% in the final exam. This exam will be based on the Evidence Act 1995 (NSW) as amended to January 2009. Extracts from the NSW Evidence Act, showing recent amendments, are reproduced in the Supplementary Materials. These extracts do not replace students’ need to have their own copy of the legislation (or an Annotation that incorporates the recent amendments). 6 Optional Assessment 1. Class Participation (10% maximisable). All students are expected to participate in class discussion but class participation assessment, worth 10% of the total course assessment, may be offered in some classes and is optional. If class participation is offered as an optional form of assessment it is maximizable against the final exam mark. This means that your class participation mark will count towards your mark only where it will increase your final mark. In large classes, class participation may not be practical or students may be asked to opt-in for class participation. Request for special consideration: If you are asking for Special Consideration (eg. an extension to the due date for an assignment), please follow the procedure as outlined on the UNSW website. 2.3 Assessment Criteria Criteria The main criterion upon which you will be examined in all of your assessment tasks is evidence of depth of thinking. Depth of thinking is the extent to which you are able to proceed past the descriptive and into critical ways of thinking. This involves your ability to analyse, synthesise, abstract and generalize the central principles and themes of evidence law. The basic levels of thinking (from shallow to deep) may be summarised as: knowledge, comprehension, application, analysis, synthesis and evaluation. More specifically, you can think about the different levels of thinking in these terms: knowledge (recall or recognition): At this level, you are recalling or describing specific facts or general concepts. For instance, you may state the law relating to limiting cross-examination relevant solely to a witness’s credibility. comprehension (organisation and selection of facts and ideas): At this level, you are making use of what is being communicated without necessarily relating it to other material or seeing its fullest implications. This is like re-telling what you have learnt but in your own words. For instance, you may state in your own terms the law relating to limiting cross-examination relevant solely to a witness’s credibility. application (use of facts, rules, principles and theories): At this level, you are using information — facts, principles, rules, ideas, theories — in concrete situations. Applying the above example, you may relate it to a particular witness questioning situation. analysis (breaking down information into its constituent elements): At this level, you are making explicit the relationship between ideas and demonstrating that you understand the organisation of the information. For instance, you may explain the relationship between law, policy and practice with respect to the defendant’s testing of certain prosecution witnesses. synthesis (putting together elements to form a whole): At this level, you are arranging elements to constitute a structure not clearly there before. For example, you may compare the historical origins of procedures, the psychological impact on participants and appellate approaches to related legal doctrine. evaluation (making judgements about the value of the information): At this level, you are appraising information, methods, theories or arguments based on set criteria. For instance, you may critique the adequacy of laws protecting vulnerable witnesses in light of the accused’s right to challenge the state’s presentation of its case and the punitive sentencing regime that exists for those found guilty of serious crime. Evaluation is more important in reflective writing than problem-solving, although you may need to evaluate what principles of law should prevail where an apparent conflict exists. Taking into account theses different levels of thinking, your Advanced Court Observation Assignment Report will be judged according to: the amount of effort you have applied, how seriously you have taken the task and the extent to which you have been prepared to explore issues; writing quality, this includes clarity of expression, appropriate structure, your originality or creativity and the diversity of concepts included in your work; and depth and breadth of independent research and the sophistication with which you utilize your research in your essay, including the development of your own perspective on your chosen topic. 7 insight and understanding the extent to which you demonstrate an understanding of content, including accuracy of knowledge, quality of insight, conceptual depth and where relevant, ability to analyse in a theoretical framework. Grading All graded items of assessment will be marked according to the following criteria: High Distinction [85% and over]: demonstrates an extensive understanding of the concepts of the course content and the commensurate high order ability to analyse and evaluate the law, policy goals and the broader legal, economic and social context in which law and operates. Distinction [75% to 84%]: demonstrates a thorough understanding of the concepts of the course content and an unambiguous ability to analyse and evaluate law and policy goals. Credit [65% to 74%]: demonstrates a sound understanding of the concepts of the course content and an unambiguous ability to analyse and evaluate law and policy goals. Pass [50% to 64%]: demonstrates a basic understanding of the concepts of the unit of study content and has some demonstrated ability to analyse and evaluate the law and policy goals. Fail [less than 50%]: demonstrates insufficient understanding of the concepts of the course content AND/OR fails adequately to demonstrate ability to analyse and evaluate the law and policy goals. 2.4 Assessment Timetable: Links to Learning Outcomes & GAs Assessment Type Date Due Marks Class Participation (maximisable) Each class Advanced Court 2 September, 4pm Observation Assignmt 10 30 Examination of 3 Date to be set by 70 hours (plus 10 minutes examination centre reading time) 2.5 Link to Learning Outcomes and GAs. Analytical and oral skills, GAs 1,2,4,5 Analytical, reflective & writing skills and research skills GAs 1,2,4,5 for assignment Analytical, problem-solving and writing skills GAs 1,2,4,5 Formal Matters UNIVERSITY POLICIES ON ASSESSMENTS Information produced by the UNSW Law School regarding assessments can be found through the Law School website. Further information about Formal Matters relating to Assessment can be found in the Course Outline Appendix 2 at Course Outline Appendices (PDF) or Course Outline Appendices (WORD) ACADEMIC MISCONDUCT AND PLAGIARISM No essays or assignments can be accepted unless you sign the academic misconduct declaration that is included on the Law School assignment cover sheet. It will be assumed that you are thoroughly familiar with the policies re academic misconduct and plagiarism of the Law School and UNSW. 8 See the Course Outline Appendix 3 at Course Outline Appendices (PDF) or Course Outline Appendices (WORD) 3. Additional Resources for Students If you are finding difficulty with any part of the course or would like to read further, you will find the recommended texts listed under Course Texts and Materials useful. Please note: course materials for postgraduate students are no longer posted by Student Administration. All course materials and textbooks can be purchased from the UNSW Bookshop. 4. CONTINUAL COURSE IMPROVEMENT 4.1 CATEI Evaluation Policy In order to develop critical thinking in relation to the course objectives, students are expected to read the texts and other resources closely, and are encouraged to look at a range of other material recommended by lecturers. Students are expected to attend lectures and prepare for, and participate in discussion, and to complete satisfactorily all components of assessment. Student feedback is very important to continual course improvement. This is demonstrated within the School of Law by the implementation of the UNSW Course and Teaching Evaluation and Improvement (CATEI) process which allows students to evaluate their learning experiences in an anonymous way. The resulting evaluations are ultimately returned to the course Convenor who will use the feedback to make ongoing improvements to the course. 4.2 Course Evaluation and Quality Enhancement for this Course The Litigation 2 teachers welcome student feedback on how this course may be improved. Student feedback is very important to continual course improvement. This is demonstrated within the School of Law by the implementation of the UNSW Course and Teaching Evaluation and Improvement (CATEI) Process, which allows students to evaluate their learning experiences in an anonymous way. The resulting evaluations are ultimately returned to the course convenors who will use the feedback to make ongoing improvements to the course. The Litigation 2 course and assessment regime has been substantially revised to take into account both the transition to the 12 week semester and feedback received through the CATEI process. Changes that have been made in response to student feedback include: revising the assessment regime so as to offer more varied forms of assessment. Instead of two exams, the assessment regime now includes an advanced court observation assignment which offers students the opportunity to observe and reflect on the operation of evidentiary and procedural rules in practice; facilitating student co-operation and group learning by offering students the opportunity to complete the court observation assignment individually or in groups; giving students the opportunity to use creative ways of completing the court observation assignment by allowing audio and visual assignments to be submitted instead of a written assignment; giving students the option of using creative ways to submit written assignments, such as in the form of a poster, a newspaper, a diary etc; offering non-assessable review exercises to enable students to review their progress and understanding of course content at an early stage in the semester. CATEI feedback has indicated that more varied assessment regime, including the court observation assessment, had been a successful exercise and so has been maintained for 2011. ADMINISTRATIVE MATTERS AND STUDENT SUPPORT SERVICES Notice on Distressing Course Material Occupation Health and Safety School of Law Office See Course Outline Appendix 4 at Course Outline Appendices (PDF) or Course Outline Appendices (WORD) 9 Appendix 1 Class Schedule and Reading Guide Numerical references in this reading guide (eg 19.1) are to chapters and paragraphs in the text book Hunter J, Cameron C & Henning T, Litigation II: Evidence and Criminal Process (7th ed) LexisNexis Butterworths (2005). All section numbers referred to in this guide (eg ss 17, 20) are to the Evidence Act 1995 (NSW). Where indicated by SM or by para numberA [eg 15.27A], see the Supplementary Materials. Recommended Background Reading Hunter J, Cameron C & Henning T, Litigation II: Evidence and Criminal Process (7th ed) LexisNexis Butterworths (2005): Chapter 19.1-19.9, 19.12-19.18, 19.21-19.29, 19.35-19.36, 14.60-14.75, 14.79 (glossary) Week 1 18 July Class 1 INTRODUCTION TO LITIGATION 2 Audio Visual: The Accused Note, for future reference the glossary of terms at 14.79 2 25 July THE BASIC FRAMEWORK OF AUSTRALIAN EVIDENCE LAW: RELEVANCE Introduction + ss 55-56: 15.5-15.6; 15.9 [dot points pp784-85 only] 15.10-15.19; SM 15.19A; 15.19B 15.22-15.27 Collateral issues: 15.34 Circumstantial evidence & provisional relevance: 15.35; 15.38-15.40; 20.31-20.35; 20.37-20.41; 20.48-20.49 Relationship & background evidence: 15.4115.46. 3 1 Aug ANATOMY OF A CRIMINAL TRIAL R v Clearihan 14.77-14.78 THE WITNESS IN COURT Competence & compellability: 23.1-23.5, SM ss12, 13, 14, s18 (apply facts from Khan at 23.21) Questioning own witness: ss 32, 37, 21.121.17,; SM 21.17A; 21.26; 21.29-21.30); SM 21.2A, 21.9A SM ss102, 103 RELEVANCE AND CREDIBILITY 15.50-15.59; SM 15.27A; 15.53A; 15.58A, 15.59A Class 2 THE ACCUSED IN COURT Introduction: 24.1-24.7 The accused’s right to silence: s 17, 24.71 [page 1282-1283 only]; 24.72-24.73; 24.75 The sometime obligation to explain: 24.7624.77 S 20: 24.78-.80 + SM 24.80A The rule in Jones v Dunkel: 24.83. The accused’s right not to call evidence: 24.8424.85 DISCRETIONARY AND MANDATORY EXCLUSIONS Introduction + ss135-137: 16.1-16.5; SM Ch 16 Evans v R; 16.6-16.8; 16.14; 16.16 [paras 120-130] Recent cases: SM 16.5A, 16.5B, 16.14A Timing of discretionary rulings: 16.25; 16.2816.30 GRANTING LEAVE AND THE VOIR DIRE 16.33-16.36, ss 189, 192, SM 192A PROOF Ss 140-142, 20.1 -20.5, 20.31-20.34 Recent case: SM 20.35A JUDICIAL NOTICE S 144, 20.72-20.76 DISCREDITING YOUR OWN WITNESS s 38, 21.44-21.52; 21.54-21.56; Recent Cases: SM 22.43A; 21.56A 21.59-21.60; 21.63-21.64; 21.67 CROSS-EXAMINATION Leading questions: s 42, 22.1-22.5 Improper questions: SM s 41; SM 22.9A; 22.10A The ambit of questioning: 22.15-22.16 10 4 8 Aug 5 15 Aug CREDIBILITY & CROSS-EXAMINATION Introduction: 22.25-22.27; 22.32 SM ss101A, 102, 103, 106; 22.43-22.47 Fact situations: consider facts in 22.40 and how UEA would apply Recent Cases: SM 22.46A THE FINALITY PRINCIPLE SM ss 101A,102, 22.48-22.50; 22.54 Recent case: SM 22.56A EXCEPTIONS TO THE FINALITY PRINCIPLE: 22.57, 22.59-22.60, SM s106 Bias: 22.61-22.62; 22.64 Prior convictions: 22.66 ‘Unable to be aware’ etc: 22.79 Perjury: 22.81-22.82 INTRODUCTION TO HEARSAY SM s59 + related definitions; 27.1A 27.1-27.2, 27.6-27.17 apply new s59 to facts in 27.19 (Walton) 27.20-27.21; review 15.27 THE PURPOSE TEST 27.22-27.28 Recent case: SM 27.22A Apply s59 to facts in 27.33 LIMITING USE 27.37; s136 6 FIRST HAND HEARSAY EXCEPTIONS cont’d 22 Exceptions in criminal cases: SM ss 65, 66; August 27.55A 27.55-27.67, 27.73 Notice provisions: ss 67, 68 7 READING WEEK (29 August to 2 September 2010) MID SEMESTER ASSESSMENT DUE Friday 2 Sept MID-SESSION BREAK (5 September to 9 September) 8 REMOTE HEARSAY EXCEPTIONS 12 Sept Business Records: s 69; 27.69-27.72 ATSI traditional laws and customs: SM s72 Tags, label and other miscellaneous exceptions: ss 70, 71, 73, 74 JUDICIAL INSTRUCTION: 27.37 HEARSAY AND DOCUMENTS ss 57, 58, 48, 50 29(4), 66, 189: 15.33, 19.5019.54 9 CHARACTER EVIDENCE & JOINT TRIALS 19 Sept 25.124-25.126, 25.129-25.133, ss 104(6), SM s112 EXCEPTIONS TO THE FINALITY PRINCIPLE (contd) Prior inconsistent statements: ss 43-45; 22.6822.72 Recent Case: SM 22.71A Other inconsistent statements: 22.76 THE RULE IN BROWNE V DUNN 22.18-22.24 Recent case: 22.24A PROHIBITION ON ACCREDITING YOUR OWN WITNESS s 108 21.83-21.87 Recent Case: SM 21.87A (end of CH 21 SM) RE-EXAMINATION OF PARTY’S OWN WITNESS s 39, 21.98-21.102 REOPENING THE PROSECUTION CASE 22.88-22.90 CREDIBILITY OF NON-WITNESSES AND EXPERTS SM ss108A, 108B, 108C REPRESENTATIONS WITH A HEARSAY & NONHEARSAY PURPOSE SM s60; 27.39A 27.39, read only facts in 27.41 (pp 1504-1505) 27.41A FIRST HAND HEARSAY EXCEPTIONS First hand Hearsay: SM ss 61 & 62; 27.48-27.50 Exceptions in civil cases: SM ss 63 & 64 Procedural disadvantage: ss 135, 137; 16.1016.11 Recent case: SM 16.14B. FIRST HAND HEARSAY EXCEPTIONS cont’d Contemporaneous statements about a person’ s health etc: SM s66A; 27.36A 27.36 Recent Case: 27.36B THE ACCUSED’S CHARACTER 25.1-25.4; 25.8-25.19; ss 110-111, 192 25.98-25.99 [ignore 3rd dot point in 25.99], 25.101, 25.103-25.106 SM s104, s112; 25.19A Recent case: SM 25.105A TENDENCY & COINCIDENCE EVIDENCE Introduction: 25.20-25.22 ss94, 96-101, SM ss97, 98; 25.45A 25.45-25.59 Relationship evidence: 15.41-15.46; 25.6025.61 SM 25.68A 11 10 TENDENCY & COINCIDENCE EVIDENCE cont’d 26 Sept Coincidence: ss 98 & 101 25.63-25.64; 25.66-25.68; 25.71-25.77 Recent Cases: SM 25.68A (again); 25.75A s 95; 25.78-25.80 11 3 Oct Public holiday: no classes on Monday or Tuesday 12 10 Oct IDENTIFICATION EVIDENCE contd 17.39-17.48; 17.50-17.61 Recent cases: SM 17.29A, 17.60A, 17.61B 13 17 Oct CATCH UP CLASS OPINION EVIDENCE Fact and opinion evidence: 26.1-26.3; ss 76, 77 Lay opinion evidence: 26.12-26.17; s78 Recent case: SM 26.16A Expert opinion evidence: SM ss79, 80; 26.1826.24, 26.40-26.41 IDENTIFICATION EVIDENCE Ss 113-116, 17.1-17.2, 17.15-17.19; 17.22-17.35 JUDICIAL DIRECTIONS, WARNINGS AND INFORMATION The role of judicial warnings: 18.1; 18.5; 18.918.35; s165 Recent Case: SM 18.21A Corroboration warnings & accomplice evidence: 18.42-18.43, 18.45; 18.47-18.51, 18.58; s164 Delay in Prosecution: SM 165B REVIEW AND REVISION 12 APPENDIX 2 Litigation 2 ADVANCED COURT OBSERVATION AND REPORT ASSIGNMENT Due: Worth: Word Limit: 4pm, Friday 2 September, 2011 30% of your final mark for Litigation 2 2000 words Outline This assignment requires you to observe a criminal trial, relate these observations to the topics listed below, and report your observations in the form of a poster, short film or audio recording. Students can choose to complete this assignment individually, in pairs for the poster format, or in small groups for the audio visual format (see details below). Assessment Task 1. Court Attendance Requirements Students are expected to attend a minimum of 2 sitting days to enable them to respond to the topics below. Information about the different courts in Sydney, as well as court listings can be found at http://www.lawlink.nsw.gov.au. You should plan to attend court as soon as possible. Remember, litigation can be slow and unpredictable. Details of your court attendance should be recorded in an appendix to your assignment. These details should include: (i) the court(s) attended (ii) the dates you attended (iii) the name of the trial judge (iv) name of the case (v) the main charge or charges (vi) name of defendant (as initials, if there is a ‘No Publication Order’) and/or similar identifying details. This assignment must be based on observations undertaken between July – September 2011. 2. Topics for the Report Your report should analyse one, two or three episodes of witness questioning that you have observed in light of the topics listed below. This could include a discussion of matters relevant to the witness’s evidence that were raised on the voir dire and/or judicial directions given in relation to the episode of questioning you observed. Witness questioning includes examination-in-chief, cross-examination and re-examination. In your court observation assignment, you must consider at least one of the following issues: (i) the role of the trial judge in directing proceedings during witness questioning; (ii) the role of the rules of evidence in restricting the evidence that a witness can give; (iii) the role of the parties in controlling witness questioning. 13 You must link your courtroom observations and analysis to provisions of the UEA, relevant cases and policy considerations. You should consider the procedural requirements (including such issues as whether the case was presented before a jury or was a summary matter, the stage of proceedings, and so on), the principles of accusatorial justice and the nature of the particular case(s) as well as particular characteristics of the witness (for example, were they a vulnerable witness, or an expert witness?) and the role of witnesses in a criminal trial. You may also consider the admissibility rules that applied to the particular witness’s evidence (such as relevance, tendency/coincidence rules, opinion rule, hearsay rule etc). An example of witness questioning is given below (extract from Cvetkovic v R [2010] 329, per Campbell JA). The defendant was unrepresented. As you will see, this extract raises a number of issues. DO NOT USE THIS EXAMPLE FOR YOUR COURT OBSERVATION ASSIGNMENT. 370 The Crown closed its case on 1 July 2009, the twenty-fourth day of the trial. After the [defendant] had indicated he wished to give evidence, the judge, pursuant to section 29(2) gave a direction that included: “HER HONOUR: ... You will give your evidence by narrative because there is no-one here to ask you questions but that doesn’t mean that you can give evidence about inadmissible subjects. The same rules apply, you are not to address inadmissible subjects. So if you stray into those areas I will cut you off.” 371 The [defendant] told the judge soon after that he could not give his evidence without documents, and he had “two bags full with the documents”. The following exchange then ensued: … “HER HONOUR: No, no, no, you’ve got to give evidence from your memory. If you want to tender documents you can but you don’t read from documents … . ACCUSED: So would I be able to tender documents from Royal North Shore Hospital? HER HONOUR: It depends on what they are. Until you tender them and I know what they are, I don’t know. ACCUSED: First thing-HER HONOUR: No, no, no, I’m not going to make rulings in advance on the run. ACCUSED: I wouldn’t be able to from my memory because-HER HONOUR: You have to give evidence from your memory. You don’t read from documents. I’m not talking about documents from other people, if you want to tender a document from the hospital you tender it. If the Crown doesn’t object it goes into evidence, if the Crown objects I’ll make a decision. But you don’t read from other documents. … ACCUSED: Just to give you a sample and so you will decide it is the sample I asked Dr Nielssen and it is quote-HER HONOUR: Well I just told you, no. You don’t produce a record of what someone else has made a note of that you told them. You give evidence of what you said to the doctor and you don’t refresh your memory from looking at the doctor’s note. You can say “On 7 June I told Dr X this”, that’s the evidence you give, that’s the way you do it. You don’t tender Dr X’s note of what he says you told him because there’s no way then of the jury assessing whether his note is accurate. ACCUSED: But that is copy of original document. … HER HONOUR: Can I not make this any clearer? It is not admissible. ACCUSED: And-HER HONOUR: Mr Cvetkovic, I’m not going to sit here and repeat myself, you give evidence of what you said to the doctor, you don’t tender the doctor’s note of what the doctor says you said. Who knows, the doctor might have misheard you, got it wrong, not remembered properly; we don’t know when the note was made, whether it was made at the time he spoke to you, whether it’s made afterwards, how close, whether he’s interrupted in the meantime by an eight hour operation and was distracted. There’s no way of the jury 14 assessing the credibility and reliability of that note so it can’t be admitted as a record of what you said. You must give evidence from your memory of what you said to these people. ACCUSED: This is corroborative evidence. HER HONOUR: I am telling you it’s not admissible.” Format of the Report Poster Format Your analysis of one or more of these topics should be presented in a POSTER format based on an electronic poster template. Links to some templates will be provided via Blackboard. A hard copy must be handed in at the Student Services Counter with a signed Law School cover sheet. PLEASE NOTE: the poster must not be larger than A2. Please see the link below for paper sizes. The size of this page is A4. http://www.papersizes.org/images/a-series-paper-sizes-2.jpg Your lecturer may also require an electronic copy to be submitted in a readily readable electronic format (such as a Word, PowerPoint or PDF file). Each lecturer will advise students if this is a requirement. The poster format has been selected for this report to take into account the episodic nature of the both the trial process and your observations. The report is not an essay transposed to a poster template. The following is a suggested breakdown of the assignment, but this is merely indicative and should not be regarded as a rigid specification: description of the observed courtroom questioning: up to 500 words. (This might include some of the actual exchange between witness and questioner.) link to legal doctrine and/or Evidence Act issues: around 500 words critique, analysis and commentary: 1000 words plus. Individuals or pairs You can elect to complete this assignment individually or in pairs. Students are encouraged to form pairs for this assignment. The word limit is the same for an assignment completed individually or as a pair. If you decide to complete this assignment as a pair, both students will receive the same mark. Both students in a pair must have the same lecturer. No submissions to modify the mark for any individual member(s) of the pair will be accepted or considered. Word limit The word limit for the poster is 2000 words. You must include an exact word count when submitting your poster. The word limit will be calculated by reference to all the text in the body of the poster (including any substantive attachments or appendices). The appendix detailing your court attendance is not included in the word count. Footnotes that contain only citations or other references are not included in the word count. A bibliography, if included, is not included in the word count. Penalties for exceeding the word limit may be applied as follows: 0≤5% excess – no penalty; 6 ≤ 10% – 10% of the grade awarded; 11% ≤ 20% excess – 15% of the grade awarded; 21% excess and above – 20% of the grade awarded.1 1 NOTE: these specifications, with respect to the calculation of word limit and the penalties, differ from those contained in the School of Law Course Outline Appendices. 15 Alternative Formats: short film or audio recording This year we are offering students an opportunity to make a short film or audio recording that addresses the same issues as the posters. These formats offer scope for creativity, particularly in the reproduction, re-enactment and analysis. Film and audio assignments should be between five and ten minutes long and must be submitted in a readily readable format. Students opting for one of these alternative formats may apply to form small groups of more than two. This must be approved in advance by your lecturer. It is preferable for all students in a group to have the same lecturer and the composition of a group must be approved by all lecturers concerned. If you decide to complete this assignment as a pair or small group, all students in the pair or group will receive the same mark. No submissions to modify the mark for any individual member(s) of the pair/group will be accepted or considered. Penalties may apply if the audio/visual recording exceeds 10 minutes. Research It is expected that you will undertake basic or additional research that will help you complete the court observation assignment. This may involve research in relation to the readings, where relevant, additional case law, relevant textbooks or articles. Academic misconduct and plagiarism The Law School regards plagiarism very seriously. In particular, in relation to this assignment, your report (or audio/visual recording) must be based on observations undertaken between July – September 2011, and on observations undertaken in relation to this course. Further information about plagiarism and academic integrity is set out in detail in Appendix 5. Extensions Requests for extensions should be directed to your Litigation 2 lecturer. Extensions for this assignment will only be granted in documented cases of exceptional circumstances. Whenever possible, requests for extensions should be lodged with your lecturer before the due date for this assignment. Late work will not be accepted without penalty unless an extension has previously been granted. In accordance with Law School policy, late work may be penalised by the deduction of 5% of available marks for that assessment for each full day that the work is late, including weekends, up to a maximum of 50% penalty. Work handed in more than ten days late, without an approved extension, will not be marked.2 Submitting Your Assignment You must submit your assignment by 4pm, Friday 2 September 2011 via the Student Services counter on Level 2. You must attach a signed copy of the assignment cover sheet and declaration for every student in your group. Students should keep a copy of their assignment, as well as research notes and copies of secondary sources used in their preparation. Behaviour in Court ENSURE that you TURN OFF your mobile phones and other electronic devices before you enter the courtroom. It is an offence to have a mobile phone switched on in court. You should dress neatly and behave appropriately. It is customary to give a small bow when you enter or leave a courtroom that is in session, and you should do this. Do not speak to 2 NOTE: this specification with respect to late work is in addition to the policies contained in the School of Law Course Outline Appendices. 16 others while the court is in session. You should not eat nor drink in the courtroom. It may be a good idea to identify yourself as a law student to the Court Officer (in a local Court) or the Sheriff’s Officer in the Supreme Court and check that it is permissible to take notes. You should carry your student identification card with you when visiting the courts. Entering and leaving the courtroom should be done as discreetly as possible. Visiting the courts with a group of up to three or four is fine, but you should not visit individual courtrooms in large groups. Do not discuss the cases you have observed in the foyer, lift areas of the court, or in nearby cafes. Remember that while you are in these courtrooms to observe, others might be participants in the proceedings. You may be standing or sitting next to one of the parties, or an accused, or a member of their family. You should not interview participants nor record any of the proceedings. You should use discretion and deference if you approach participating lawyers. This should only be done during breaks where the lawyers are not otherwise engaged. DO NOT INITIATE CONTACT with judges, magistrates, witnesses, complainants or defendants. Be cautious in your responses if you are approached by any of the participants. ANY COMPLAINTS ABOUT BEHAVIOUR OF STUDENTS WILL BE TAKEN VERY SERIOUSLY AND MAY BE REFERRED TO THE HEAD OF SCHOOL. 17 Appendix 3 UNSW LAW SCHOOL GRADUATE ATTRIBUTES 1. WHAT ATTRIBUTES DO WE DEVELOP IN OUR STUDENTS? The UNSW School of Law instils in students the understandings, values, skills and qualities necessary to become highly qualified professionals with a strong sense of citizenship, community and social justice. A legal education at the UNSW Law School, therefore, develops graduates who have: 1. (Core disciplinary knowledge) a functioning and contextual knowledge of law and legal institutions; 2. (Transferable intellectual skills) excellent intellectual skills of analysis, synthesis, critical judgment, reflection and evaluation; 3. (Research skills) the capacity to engage in practical and scholarly research; 4. (Communication skills) effective oral and written communication skills both generally and in specific legal settings; 5. (Personal and professional values) a commitment to personal and professional selfdevelopment, ethical practice and social responsibility. These attributes build on and contextualises the 12 generic UNSW graduate attributes.3 2. WHAT DO THESE ATTRIBUTES MEAN? A functioning and contextual knowledge of law and legal institutions means: a comprehensive knowledge of the core principles of law, including a critical understanding of the policy considerations informing the law; an understanding of the principal institutions in the Australian and other legal systems and their purpose and functions; an appreciation of the contextual factors that influence the operation of the law and the impact law has on society, politics, the economy and culture; a general understanding of Australian law in international and comparative perspective; and An engagement with the scholarship of law. Excellent intellectual skills of analysis, synthesis, critical judgment, reflection and evaluation incorporate the ability to collect and sort facts; identify and analyse legal issues; interpret legal texts; apply the law to real legal problems; invoke theory and inter-disciplinary knowledge to develop new and creative solutions to legal problems; critique law and policy to develop new ideas about the law and law reform; 3 Thus, core disciplinary knowledge incorporate generic attributes 1, 2 and 9; transferable intellectual skills, attributes 3, 4 and 6; research, attribute 5; communication, attribute 12; key values, attributes 4, 7, 8, 9, 10 and 11. 18 Participate effectively in debates about the law. The capacity to engage in scholarly and empirical research involves the ability to: develop and plan an effective research strategy collect, retrieve and collate relevant information analyse, evaluate and interpret information apply and report on empirical research Effective oral and written communication skills both generally and in specific legal settings includes the ability to: Articulate and defend arguments about what the law is and/or should be in writing and orally. work with a diverse range of people and communities demonstrate effective listening skills and an ability to discern the legal issues presented A commitment to personal and professional self-development, ethical practice and social responsibility incorporates: a willingness to engage in life-long learning, that is, retaining and extending existing legal and other skills and knowledge; the capacity to work both independently and as a productive member of a team; an understanding of the ethical framework in which law is practised; acceptance of personal and professional responsibility, a sense of social responsibility and justice; A commitment to values of equity, diversity and inclusiveness. 19 Appendix 4 FORMAL MATTERS RELATING TO ASSESSMENT University Policies on Assessments Information produced by the UNSW Law School regarding assessments can be found through the Law School website, http://www.law.unsw.edu.au . CLASS ATTENDANCE Regular attendance at classes is expected. The UNSW Law Faculty places great emphasis on the idea that participation in the law is crucial for learning the law. We use a seminar-style teaching and learning method, so you have many opportunities to participate in class discussions. By being present and active in class, you will learn more. Also there a number of policy reasons concerning attendance, particularly the 80% attendance rule. A student who does not attend at least 80% of classes may be refused the right to sit the final exam or to submit the final assignment, unless they can provide adequate reasons to explain absences. To apply the 80% rule a lecturer will state this intention at the beginning of the course. If a student is at risk of failing the attendance, the lecturer will organise that the Student Services office will send an email to the student’s official university address. A student who is to be refused the right to final assessment will be notified by registered mail. The lecturer cannot impose other sanctions. LATE WORK If you fail to submit work for assessment on time you will find that marks will be deducted for lateness, unless you have obtained an extension prior to the date for submission. The penalty applied will be at the rate of 5% of the available marks for that assignment for each day or part thereof that the essay is late up to a maximum of 50% penalty. WORD LIMITS Strict word limits will apply to all assessed work. In calculating the number of words, all text, footnotes (including citations of references), tables, and appendices will be included. The bibliography will not be included in the word limit. Penalties will apply to assessed work which exceeds the word limit as follows: 0-10% 11-29% 30% and over No penalty 15% penalty 30% penalty MARKING Your teachers are committed to ensuring that all marking is fair and comparable across all class groups. The main mechanism for ensuring fairness is that teachers will work towards producing similar marking profiles for all classes. In addition, any students in danger of failing will have their work double-marked. Do you have questions about your assessment? 20 The first step is to contact your lecturer no earlier than 3 days after the assessment task is returned to you to request feedback. Your teacher can discuss your work with you and give you both summative and formative feedback. If you are still unsatisfied, the next step is to discuss your work with the Course Convenor. In order for a mark to be reviewed you need to follow the UNSW policy. See the following website for further details: https://my.unsw.edu.au/student/academiclife/assessment/Results.html Students may make an application for the review of a result for any of their assessment. A review of a result may take one of two forms: Type A: Checking a mark - An administrative check that all marks have been included in the final composite mark. Type B: Re-assessment - An academic re-assessment of a piece of work. If you wish to request a re-assessment of a piece of work, you must first discuss your performance with the course examiner. If you still believe that the mark you have received does not reflect your performance you may apply for re-assessment. You are required to give reasons to justify your request for re-assessment. Where insufficient reasons are given, the Assessment Review Group of the Faculty may decline to take action. Please note that if you request a reassessment of your result, this will include a check of the addition of marks. In either case the review may result in the mark going up or down. If you would like to have your results reviewed, please submit a Review of Results application (pdf) to Student Central. The application must be submitted to Student Central no later than 15 working days after the return of the piece of work, or in the case of an exam, 15 working days from the date of release of results. https://my.unsw.edu.au/student/academiclife/assessment/ReviewofResults.pdf A fee will be charged for the review of your results. Keep all marked work in case it is needed for re-marking. ILLNESS OR MISADVENTURE If your performance is affected by illness or misadventure you should notify your teacher as soon as possible, preferably with a medical certificate or other documentary evidence of your special circumstances. If you miss a class through illness or misadventure, you need to inform your lecturer, otherwise you will be marked as ‘absent’. If your performance in assessments is affected by illness and misadventure, you should notify the course convenor, and submit a Special Consideration request form within 3 working days from the date of the assessment task. These Special Consideration request forms must be lodged at UNSW Student Central. This centralised process makes it consistent and fairer for all students across the university. For full details see: https://my.unsw.edu.au/student/atoz/SpecialConsideration.html EXPECTATIONS OF STUDENTS Workload You are expected to read the assigned readings prior to each class. The Course Guide summarises the reading assignments for each class; the Reading Materials include a more detailed class-by-class guide to the readings. Undergraduate students are expected to read for no less than 1 hour for every hour taught. Postgraduate students are expected to read for at least 2 hours for every hour taught. 21 Procedures for submission of assignments The essay and other written components should be submitted via the administrative desk currently on level 2 of the Law Building. You will be advised in class of the location in the new building or if this procedure is to change. Please also note previous comments regarding penalties for late work 22 Appendix 5 ACADEMIC MISCONDUCT AND PLAGIARISM A Student Code of Conduct was adopted by the university in December 2009 and is available at http://www.policy.unsw.edu.au/policy/studentconduct.pdf Part of that code is a requirement for a high standard of ethical and personal behaviour, with an ‘obligation to act with integrity in academic work, to ensure that all academic work is conducted ethically and safely’. Academic misconduct includes plagiarism, which is the use of another person’s words and ideas without appropriate acknowledgement. Plagiarism will not be tolerated. Each year a number of complaints are made relating to academic misconduct within the Law School. Serious punishment, including exclusion from University, may result from such complaints. A finding of academic misconduct against a law student could also act as a bar to admission to practice. All work submitted in this course for assessment must be your own work. It should not be written in collaboration with any other student, lawyer or professional person to whom you may have access. You may, of course, in preparing work for assessment, consult your teacher and the Law Librarians. All work submitted in this course for assessment must have been generated for this course alone. In other words, you should not submit for assessment work which you may have completed for another course or professional requirement. It is your responsibility to use correct methods of acknowledging other people’s ideas. The recommended form of citation for essays submitted in this course is the Australian Guide to Legal Citation. A read-only copy of this Guide can be downloaded at http://mulr.law.unimelb.edu.au/files/aglcdl.pdf In addition to using the work of others, allowing other students to use your written work amounts to collusion in assessment. Collusion in assessment is academic misconduct. Unless work is specified to be group work, any work submitted for assessment must be written by each student individually, and must not be shared, whether in draft or completed form, with any other student. While it is understood that it is often beneficial for students to study together and to discuss their work, students who share, distribute, or show their written work to any other student while enrolled in the course for which the work is to be submitted will be deemed to be colluding in their work, and thus guilty of academic misconduct. No essays or assignments can be accepted unless you sign the academic misconduct declaration that is included on the Law School assignment cover sheet. You also need to be familiar with the UNSW policies relating to academic misconduct: General policy: https://my.unsw.edu.au/student/academiclife/assessment/StudentMisconduct.html Student conduct policy, including Code of Conduct: http://www.gs.unsw.edu.au/policy/documents/studentconductpolicy.pdf 23 Student misconduct procedures: http://www.gs.unsw.edu.au/policy/documents/studentmisconductprocedures.pdf What is Plagiarism? Plagiarism is the presentation of the thoughts or work of another as one’s own.* Examples include: direct duplication of the thoughts or work of another, including by copying material, ideas or concepts from a book, article, report or other written document (whether published or unpublished), composition, artwork, design, drawing, circuitry, computer program or software, web site, Internet, other electronic resource, or another person’s assignment without appropriate acknowledgement; paraphrasing another person’s work with very minor changes keeping the meaning, form and/or progression of ideas of the original; piecing together sections of the work of others into a new whole; presenting an assessment item as independent work when it has been produced in whole or part in collusion with other people, for example, another student or a tutor; and claiming credit for a proportion a work contributed to a group assessment item that is greater than that actually contributed.† For the purposes of this policy, submitting an assessment item that has already been submitted for academic credit elsewhere may be considered plagiarism. Knowingly permitting your work to be copied by another student may also be considered to be plagiarism. Note that an assessment item produced in oral, not written, form, or involving live presentation, may similarly contain plagiarised material. The inclusion of the thoughts or work of another with attribution appropriate to the academic discipline does not amount to plagiarism. The Learning Centre website is main repository for resources for staff and students on plagiarism and academic honesty. These resources can be located via: www.lc.unsw.edu.au/plagiarism The Learning Centre also provides substantial educational written materials, workshops, and tutorials to aid students, for example, in: correct referencing practices; paraphrasing, summarising, essay writing, and time management; appropriate use of, and attribution for, a range of materials including text, images, formulae and concepts. Individual assistance is available on request from The Learning Centre. The University regards academic misconduct as a very serious matter. Students found guilty of academic misconduct are usually excluded from the University for two years. Contingent on the individual circumstances, however, the period of exclusion can range from one session to permanent exclusion from the University. 24 The following are some of the actions which have resulted in students being found guilty of academic misconduct in recent years: use of unauthorised aids in an examination; submitting work for assessment knowing it to be the work of another person; improperly obtaining prior knowledge of an examination paper and using that knowledge in the examination; failing to acknowledge the source of material in an assignment, or the extent of indebtedness to others. In cases where students collaborate with other students, the extent of collaboration should be included as well as the names of all students who contributed to the piece of work. Anyone not already familiar with correct forms of acknowledgement is strongly advised to consult the UNSW Learning Centre Web Page concerning Plagiarism & Academic Integrity at http://www.lc.unsw.edu.au/plagiarism. See also Avoiding Plagiarism at http://www.lc.unsw.edu.au/onlib/plag.html . _____________________________ * Based on that proposed to the University of Newcastle by the St James Ethics Centre. Used with kind permission from the University of Newcastle † Adapted with kind permission from the University of Melbourne. 25 Appendix 6 ADMINISTRATIVE MATTERS AND STUDENT SUPPORT SERVICES If you who have a disability that requires some adjustment in your teaching and learning environment, you should discuss your study needs before the beginning of the course with the Equity Officer in the Student Equity and Disabilities Unit (SEADU). Issues discussed may include access to materials, signers or note-takers, the provision of additional services, and alternate exam and assessment arrangements. SEADU are experts in both the analysis of different kinds of disabilities and their impacts, so they are in a good position to design adjustments to the teaching and learning environment. You need to be registered with SEADU in order for these adjustments to be put in place. SEADU will give you a letter outlining these adjustments which you then pass on to your lecturer and course convenor. Student Equity and Disabilities Unit: Website: www.studentequity.unsw.edu.au Email: seadu@unsw.edu.au Tel: 9835 4734 Fax 9385 6262 NOTICE ON DISTRESSING COURSE MATERIAL There may be times when you may become distressed as a result of studying the material in your course. If that is the case you may wish to contact the Counselling & Pyschological Service at the University directly on 9385 5418 or www.counselling.unsw.edu.au, or speak to your lecturer who may assist you to contact this service. This is a free service to students. OCCUPATIONAL HEALTH AND SAFETY UNSW is dedicated in its approach to ensure a safe and healthy working and learning environment and its policies may be examined at: http://www.hr.unsw.edu.au/ohswc/ohs/pdf/p_OHS.pdf SCHOOL OF LAW OFFICE Level 2 Faculty of Law Building Lower Campus Office Hours: 9.00 to 5.00 (during the semester 10.00 – 4.00 during the semester breaks) Email: law@unsw.edu.au Tel: + 61 2 9385 2227 Fax: + 61 2 9385 1175 26