LAWS1052 2016 Court Observation Assignment (3)

LAWS1052: Foundations of Law Court Report Assignment (Combined Law Programs ONLY) Session 1, 2016 This assignment is worth 10% of your final mark in Foundations of Law. Word Limit: 750 words Due Date: , by electronic submission through Moodle, to be followed by hard copy of the assignment by 4 pm on Thursday 24th March 2016 to the Student Service Counter, Level 2, Law Building This assignment is worth 10% of your final mark in LAWS1052 Introducing Law and Justice.

4pm, Thursday 24th March 2016, Student Service Counter, Level 2, Law Building

Aims  To provide you with early feedback on your legal writing and critical analysis skills;  To provide a background for seminars and a context for class discussion on the court system;  To reflect upon and present your own understanding of the court proceedings observed and relate these to the reading materials and class discussion;  To provide an opportunity to apply some of your newly acquired legal research skills.

Outline of the Assessment Task The assignment requires you to attend at least two different types of courts and write a report in which you compare and/or contrast the courts’ proceedings, drawing on the readings and your observations. To complete this assignment you will need to:

UNSW LAWS1052 – 2016 Court Report Assignment (Combined Law Programs)

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1. Attend and observe at least two different types of courts, for example a local court and a superior court, or a State Court and a Federal Court. Also, we would prefer that you attend a criminal and a civil case. We would expect that you spend at least two half days observing court proceedings. During your visits you do not have to remain in one courtroom for the entire visit, for example if you visit a local court you might want to spend some time in different courtrooms as well as some time in the foyer areas. You are expected to schedule your own court visits. Information about the different courts in Sydney can be found at http://www.lawlink.nsw.gov.au. Your first two Foundations of Law Research Tutorials will also help you to find information about the location, jurisdiction and court lists of different courts in Sydney. You may arrange to visit the courts in small groups, but please note the instructions below on appropriate court etiquette. 2. Write up your court visits in a Court Report. Your report should contain the following: a. A list of the courts you attended and the names and dates of all of the cases that you observed. Your observations should be made after 22nd February 2016. This list should include brief details about the type of matter (eg. civil or criminal) and, if you can determine this, what stage the proceedings were at (eg. a trial or an appeal). This list can be in the form of an appendix to the main body of your report and it is not included in the word count. If a case is listed by the initials of parties/defendants, you should only use those initials in your list. b. The main body of your Report in which you describe and analyse the cases you have observed. This must include a critical discussion of your observations that presents an argument and contextualises your court observations, taking into account relevant reading materials from the course and concepts covered in the course so far. Provided that the main body of your report refers to two different types of courts, this substantive discussion does not have to cover all of the cases that you observed. In particular your report should address whether, when you were in the courts, you observed behaviour by the legal personnel (judges, lawyers, paralegals) which suggested to you that they had a strong sense of their professional identity and/or that they were resilient enough to deal with difficulties and unexpected events which happened during their time in court. Your discussion could consider whether you think the material on personal and professional development, including the lecture on mindfulness and metacognition suggest to you different ways to deal with difficult matters or challenging events that you observed during your visit to the courts. Your discussion should follow an appropriate structure, including having an introduction which frames your approach or argument, and a conclusion. See below for further information about the principles of good legal writing that your need to consider when writing your report. UNSW LAWS1052 – 2016 Court Report Assignment (Combined Law Programs)

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Your report could also include some personal reflections on your experience (perhaps on something that that you found interesting or unexpected, or boring, or something that met your expectations) and/or a discussion that draws on links between your observations and other relevant sources, such as current media reports.

Behaviour in Court ENSURE that you TURN OFF your mobile phones and other electronic devices before you enter the courtroom. You must not use your phone, record proceedings or take photographs in the courtroom. 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 others while the court is in session. You should not eat nor drink in the courtroom. You should carry your student identification card with you when visiting the courts. 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. Comply politely and promptly with any official request to leave a court room for any reason. 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. Do not describe what you have just observed in a court room to anyone waiting outside of the court room, they might be a witness waiting to give evidence. ANY COMPLAINTS ABOUT BEHAVIOUR OF STUDENTS WILL BE TAKEN VERY SERIOUSLY AND MAY BE REFERRED TO THE HEAD OF SCHOOL.

UNSW LAWS1052 – 2016 Court Report Assignment (Combined Law Programs)

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Legal Writing and Other Requirements Legal Writing When marking this assignment, your lecturers will be paying particular attention to written expression and the way that you structure and organise your observations, reflections and analysis. We are using this assessment to give you early feedback on your legal writing and critical analysis skills. On the basis of this assignment, your lecturer may refer you to support programs such as the Peer Tutor Scheme or the Learning Centre. When completing this assignment you should conform to the principles of good legal writing, including:  writing clearly and precisely with attention to how effectively you communicate your meaning;  structuring your text carefully, which may include using sub-headings;  using plain legal language;  using gender inclusive language;  citing authority whenever relevant;  using footnotes to refer to authority;  sourcing your materials appropriately. For information about correct citation, please refer to your 2016 Research Workbook, and/or the Australian Guide to Legal Citation (Melbourne University Law Review Assn, 3rd ed, Melbourne, 2010). Format Your prepared report should be 1½ spaced with a good margin (2.5 - 3cm) and printed single-sided. Please do not submit your work in a folder or plastic sleeve. Make sure that your name, student number, an exact word count, and your lecturer’s name are marked clearly on the cover page of your assignment. Each subsequent sheet should have your student number on it. You must attach a signed Law School assignment cover sheet. This is available at Student Services and is downloadable from the Law School website. Late Penalties Late Assignments will not be accepted without penalty, unless an extension has previously been granted. Refer to the Course Outline for more information about Late Penalties and Extensions. Word Limit

The word count for the Court Report will be calculated by reference to all text in the main body of the court report (section b). Substantive or explanatory text in the footnotes will be included in the word count but footnotes that contain only citations or other references are not included in the word count. Penalties for exceeding the word limit may be applied as follows: 0-10% excess – 10% of the grade awarded; 11%20% excess - 15% of the grade awarded; 21%+ excess and above - 20% of the grade awarded. Avoiding Plagiarism The Law School regards plagiarism very seriously. This case note must be your own work and all sources need to be acknowledged appropriately. To ensure that this happens we suggest that although you might discuss this with your student colleagues you should never swap or look at each other’s written work. UNSW LAWS1052 – Court Report Assignment (Combined Law Programs)

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Information about University policies in relation to plagiarism and academic misconduct can be found here: https://my.unsw.edu.au/student/atoz/Plagiarism.html. You should familiarise yourself with these polices. If you have any questions about appropriate use of materials you should consult your lecturer and/or make use of the substantial resources available via UNSW’s Learning Centre: http://www.lc.unsw.edu.au/plagiarism/index.html.

UNSW LAWS1052 – Court Report Assignment (Combined Law Programs)

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