Students
LAWS813 – Civil and Criminal Procedure
2017 – S1 Day
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Co-convenor
Sonya Willis
Contact via E-mail
W3A-523
Monday 11AM-1PM,
Co-convenor
Zara Bending
Contact via E-mail
W3A-607
Monday 11AM-1PM,
Zara Bending
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|---|---|
| Credit points |
Credit points
4
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| Prerequisites |
Prerequisites
LAWS802 and LAWS803 and LAWS806
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| Corequisites |
Corequisites
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| Co-badged status |
Co-badged status
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| Unit description |
Unit description
This unit examines the principles of civil and criminal procedure in New South Wales. The unit canvasses general principles of civil procedure, the nature of adversarial disputation, case management, pre-litigation issues and protocols, and pre-trial procedures of originating process, gathering of evidence for trial, class actions and the conduct and disposal of civil proceedings. Select topics in criminal procedure, such as classification of offences, police powers and bail, the conduct of criminal trials and sentencing will be covered. A recurrent theme of the unit is a critical evaluation of access to, and the contemporary administration of, justice.
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Important Academic Dates
Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
Learning Outcomes
On successful completion of this unit, you will be able to:
- Demonstrate a competent level of understanding of the principles and stages of civil and criminal procedure in order to comply with the formal requirements for admission to legal practice.
- Communicate an integrated body of procedural law knowledge. Students will be expected to engage with the curriculum through oral and written modes of communication including active and informed participation in class discussions.
- Understand the themes and theories of procedural law, identifying and interpreting key legislative provisions and identifying key stakeholders. Ability to consider and critique current procedural processes. This will develop students' independent research and critical thinking skills.
- Solve hypothetical problem questions through the application of procedural legislation and precedent.
- Demonstrate competence in techniques of statutory interpretation. In particular, students will be required to understand the operation of legislation and its interaction with case law through critical analysis using academic commentary.
- Develop elementary advocacy skills enabling students to demonstrate their learning orally and have the opportunity to experience the role of lawyer in the courtroom through mock legal proceedings.
General Assessment Information
Further information about the assessment criteria for each task will be forthcoming throughout the semester.
Macquarie Law School Information on Assessment:
In the absence of a successful application for special consideration due to a disruption to studies, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero. Applications for a Disruption to Studies are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation. Students should refer to the Disruption to Studies policy for complete details of the policy and a description of the supporting documentation required.
Word limits will be strictly applied and work above the word limit will not be marked.
All assessments in the unit are to be submitted electronically. Plagiarism detection software is used in this unit.
Moderation
Detailed marking guidelines will be made available on iLearn. The convenors moderate all assessments. All Fail essays and take-home examinations are double marked.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Criminal Class Participation | 10% | No | Continuing |
| Criminal Procedure Quizzes | 20% | No | Weeks 2, 3, 4 and 5 |
| Court Observation Assignment | 20% | No | Week 8,4 May 2017, 5pm |
| Civil Class Participation | 10% | No | Continuing |
| Civil Procedure Quizzes | 20% | No | Weeks 9, 10, 11 and 12 |
| Civil Take-Home Examination | 20% | No | 11:00am Saturday 10 Jun 2017 |
Criminal Class Participation
Due: Continuing
Weighting: 10%
For the Criminal Procedure component of the unit, students must volunteer to be on call for one of the criminal procedure tutorials.The final criminal procedure tutorial will be designated a mock sentencing tutorial and students interested in advocacy should select that tutorial as their "on call" tutorial.
Students selecting the mock sentencing will perform the role of either a prosecutor or defence counsel. Students may form pairs. Each pair will present a simple mock sentencing scenario from the NSW Local Court. More information about the mock sentencing exercise will be provided on iLearn.
On successful completion you will be able to:
- Demonstrate a competent level of understanding of the principles and stages of civil and criminal procedure in order to comply with the formal requirements for admission to legal practice.
- Communicate an integrated body of procedural law knowledge. Students will be expected to engage with the curriculum through oral and written modes of communication including active and informed participation in class discussions.
- Understand the themes and theories of procedural law, identifying and interpreting key legislative provisions and identifying key stakeholders. Ability to consider and critique current procedural processes. This will develop students' independent research and critical thinking skills.
- Solve hypothetical problem questions through the application of procedural legislation and precedent.
- Demonstrate competence in techniques of statutory interpretation. In particular, students will be required to understand the operation of legislation and its interaction with case law through critical analysis using academic commentary.
- Develop elementary advocacy skills enabling students to demonstrate their learning orally and have the opportunity to experience the role of lawyer in the courtroom through mock legal proceedings.
Criminal Procedure Quizzes
Due: Weeks 2, 3, 4 and 5
Weighting: 20%
There will be 4 Criminal Procedure Quizzes each worth 5%. These will be held on Fridays of weeks 2, 3, 4, 5 assessing the content from the preceding week. Each quiz must be completed within an hour of commencement and each quiz will be available from 7:00am-11:00pm on Friday. More information regarding the quizzes will be provided on iLearn.
On successful completion you will be able to:
- Demonstrate a competent level of understanding of the principles and stages of civil and criminal procedure in order to comply with the formal requirements for admission to legal practice.
- Understand the themes and theories of procedural law, identifying and interpreting key legislative provisions and identifying key stakeholders. Ability to consider and critique current procedural processes. This will develop students' independent research and critical thinking skills.
- Demonstrate competence in techniques of statutory interpretation. In particular, students will be required to understand the operation of legislation and its interaction with case law through critical analysis using academic commentary.
Court Observation Assignment
Due: Week 8,4 May 2017, 5pm
Weighting: 20%
Students will be required to attend a minimum of four (4) hours of court observation at any combination of New South Wales criminal courts (Local, District and/or Supreme) and critically assess their findings in a mini-essay, drawing on literature provided in the textbook (Brown & Farrier) as well as through their own independent research.
Students will be required to complete a Court Attendance Log documenting their attendance (a blank Court Attendance Log Sheet can be found on iLearn).
The essay is due in Week 8 on Thursday 4 May 2017, 5pm.
All work is to be submitted via Turnitin on iLearn. Late submissions will not be marked and will receive a grade of 0.
On successful completion you will be able to:
- Demonstrate a competent level of understanding of the principles and stages of civil and criminal procedure in order to comply with the formal requirements for admission to legal practice.
- Communicate an integrated body of procedural law knowledge. Students will be expected to engage with the curriculum through oral and written modes of communication including active and informed participation in class discussions.
- Understand the themes and theories of procedural law, identifying and interpreting key legislative provisions and identifying key stakeholders. Ability to consider and critique current procedural processes. This will develop students' independent research and critical thinking skills.
- Develop elementary advocacy skills enabling students to demonstrate their learning orally and have the opportunity to experience the role of lawyer in the courtroom through mock legal proceedings.
Civil Class Participation
Due: Continuing
Weighting: 10%
For the Civil Procedure component of the unit, students must volunteer to be on call for one of the civil procedure tutorials.
The final tutorial will be designated a moot tutorial and students interested in advocacy should select this final tutorial as their "on call" tutorial. Brief mock moots will constitute the participation component for the moot tutorial. More information will be provided on iLearn.
On successful completion you will be able to:
- Demonstrate a competent level of understanding of the principles and stages of civil and criminal procedure in order to comply with the formal requirements for admission to legal practice.
- Communicate an integrated body of procedural law knowledge. Students will be expected to engage with the curriculum through oral and written modes of communication including active and informed participation in class discussions.
- Understand the themes and theories of procedural law, identifying and interpreting key legislative provisions and identifying key stakeholders. Ability to consider and critique current procedural processes. This will develop students' independent research and critical thinking skills.
- Solve hypothetical problem questions through the application of procedural legislation and precedent.
- Demonstrate competence in techniques of statutory interpretation. In particular, students will be required to understand the operation of legislation and its interaction with case law through critical analysis using academic commentary.
- Develop elementary advocacy skills enabling students to demonstrate their learning orally and have the opportunity to experience the role of lawyer in the courtroom through mock legal proceedings.
Civil Procedure Quizzes
Due: Weeks 9, 10, 11 and 12
Weighting: 20%
There will be 4 Civil Procedure Quizzes each worth 5%. These will be held on Fridays of weeks 9, 10, 11, 12 assessing the content from preceding weeks. Each quiz must be completed within an hour of commencement and each quiz will be available from 7:00am-11:00pm on Friday. More information regarding the quizzes will be provided on iLearn.
On successful completion you will be able to:
- Demonstrate a competent level of understanding of the principles and stages of civil and criminal procedure in order to comply with the formal requirements for admission to legal practice.
- Understand the themes and theories of procedural law, identifying and interpreting key legislative provisions and identifying key stakeholders. Ability to consider and critique current procedural processes. This will develop students' independent research and critical thinking skills.
- Demonstrate competence in techniques of statutory interpretation. In particular, students will be required to understand the operation of legislation and its interaction with case law through critical analysis using academic commentary.
Civil Take-Home Examination
Due: 11:00am Saturday 10 Jun 2017
Weighting: 20%
This assessment task will be delivered online from 9:00am to 11:00am, Saturday, 10 June 2017.
All CIVIL PROCEDURE topics studied throughout the unit will be examinable.
The exam will comprise a problem question.
This exam is designed as a standard one hour open book exam. Students should prepare for and organise their time during this exam as if sitting an open-book exam on-campus. Two hours have been allocated to allow for any delay in submitting exam papers by the 11AM deadline. Multiple submissions are encouraged. Late submissions will not be marked and will receive a grade of 0.
The submitted examination must comply with any word limits specified in the paper. Content over the word limit will not be marked.
On successful completion you will be able to:
- Demonstrate a competent level of understanding of the principles and stages of civil and criminal procedure in order to comply with the formal requirements for admission to legal practice.
- Communicate an integrated body of procedural law knowledge. Students will be expected to engage with the curriculum through oral and written modes of communication including active and informed participation in class discussions.
- Solve hypothetical problem questions through the application of procedural legislation and precedent.
- Demonstrate competence in techniques of statutory interpretation. In particular, students will be required to understand the operation of legislation and its interaction with case law through critical analysis using academic commentary.
Delivery and Resources
Delivery
LAWS813 has an online presence on iLearn, Macquarie's online learning management system (ilearn.mq.edu.au). Students will require access to reliable broadband internet and a computer. More information is available at:
www.mq.edu.au/iLearn/student_info/index.htm
Students will also be required to use a computer to interact with online research databases and web-based research tools.
The unit has a blended mode of delivery. Students are required to access online materials and resources including recorded lectures.
LAWS813 internal students will attend a 1.5 hour tutorial weekly. Students are also welcome to attend the LAWS398 live lecture on Monday evenings from 5-6pm in the Lotus Theatre unless the lecture theatre is full.
LAWS813 external students will attend 3 days of On Campus Sessions.
Resources
The following textbooks are required:
-
Brown, Farrier, McNamara, Steel, Grewcock, Quilter and Schwartz, Criminal Laws: Materials and Commentary on Criminal Law and Process in NSW (The Federation Press, 6th Edition, 2015);
- Sonya Willis, Civil Procedure: Law, Principles and Practice (Palgrave Macmillan Australia, 2012).
Unit Schedule
Week Lecture Topic
1 Introduction to Civil and Criminal Procedure and Criminal Process I
2 Criminal Process II
3 Police Powers
4 Bail
5 Sentencing I
6 Sentencing II
7 Exploring key themes of civil procedure
8 ADR and case management
9 Commencing proceedings and pleadings
10 Discovery and privilege
11 Other documentary evidence and interlocutory applications
12 Trials, appeals and enforcement
There will be no tutorials on Week 7 so that students can work on their Court Assignment. In Week 13, only tutorials will be held.
Students are referred to the iLearn page for this unit for further details.
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:
Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html
Assessment Policy http://mq.edu.au/policy/docs/assessment/policy_2016.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Complaint Management Procedure for Students and Members of the Public http://www.mq.edu.au/policy/docs/complaint_management/procedure.html
Disruption to Studies Policy (in effect until Dec 4th, 2017): http://www.mq.edu.au/policy/docs/disruption_studies/policy.html
Special Consideration Policy (in effect from Dec 4th, 2017): https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policies/special-consideration
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Results
Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.
Law School Assessment Policy
In the absence of a successful application for Disruption to Studies, late assessments will not be marked and will receive a grade of 0%. Applications for Disruption to Studies are made online at ask.mq.edu.au
Word limits are strictly applied and anything beyond the word limit will not be marked.
Detailed marking guidelines will be made available on iLearn. The convenors moderate all assessments. All Fail essays and take-home examinations are double marked.
Student Support
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Student Services and Support
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
Student Enquiries
For all student enquiries, visit Student Connect at ask.mq.edu.au
IT Help
For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.
Graduate Capabilities
PG - Capable of Professional and Personal Judgment and Initiative
Our postgraduates will demonstrate a high standard of discernment and common sense in their professional and personal judgment. They will have the ability to make informed choices and decisions that reflect both the nature of their professional work and their personal perspectives.
This graduate capability is supported by:
Learning outcomes
- Demonstrate a competent level of understanding of the principles and stages of civil and criminal procedure in order to comply with the formal requirements for admission to legal practice.
- Communicate an integrated body of procedural law knowledge. Students will be expected to engage with the curriculum through oral and written modes of communication including active and informed participation in class discussions.
- Understand the themes and theories of procedural law, identifying and interpreting key legislative provisions and identifying key stakeholders. Ability to consider and critique current procedural processes. This will develop students' independent research and critical thinking skills.
- Solve hypothetical problem questions through the application of procedural legislation and precedent.
- Develop elementary advocacy skills enabling students to demonstrate their learning orally and have the opportunity to experience the role of lawyer in the courtroom through mock legal proceedings.
Assessment tasks
- Criminal Class Participation
- Criminal Procedure Quizzes
- Court Observation Assignment
- Civil Class Participation
- Civil Take-Home Examination
PG - Discipline Knowledge and Skills
Our postgraduates will be able to demonstrate a significantly enhanced depth and breadth of knowledge, scholarly understanding, and specific subject content knowledge in their chosen fields.
This graduate capability is supported by:
Learning outcomes
- Demonstrate a competent level of understanding of the principles and stages of civil and criminal procedure in order to comply with the formal requirements for admission to legal practice.
- Communicate an integrated body of procedural law knowledge. Students will be expected to engage with the curriculum through oral and written modes of communication including active and informed participation in class discussions.
- Solve hypothetical problem questions through the application of procedural legislation and precedent.
- Demonstrate competence in techniques of statutory interpretation. In particular, students will be required to understand the operation of legislation and its interaction with case law through critical analysis using academic commentary.
- Develop elementary advocacy skills enabling students to demonstrate their learning orally and have the opportunity to experience the role of lawyer in the courtroom through mock legal proceedings.
Assessment tasks
- Criminal Class Participation
- Criminal Procedure Quizzes
- Court Observation Assignment
- Civil Class Participation
- Civil Procedure Quizzes
- Civil Take-Home Examination
PG - Critical, Analytical and Integrative Thinking
Our postgraduates will be capable of utilising and reflecting on prior knowledge and experience, of applying higher level critical thinking skills, and of integrating and synthesising learning and knowledge from a range of sources and environments. A characteristic of this form of thinking is the generation of new, professionally oriented knowledge through personal or group-based critique of practice and theory.
This graduate capability is supported by:
Learning outcomes
- Demonstrate a competent level of understanding of the principles and stages of civil and criminal procedure in order to comply with the formal requirements for admission to legal practice.
- Communicate an integrated body of procedural law knowledge. Students will be expected to engage with the curriculum through oral and written modes of communication including active and informed participation in class discussions.
- Understand the themes and theories of procedural law, identifying and interpreting key legislative provisions and identifying key stakeholders. Ability to consider and critique current procedural processes. This will develop students' independent research and critical thinking skills.
- Solve hypothetical problem questions through the application of procedural legislation and precedent.
- Demonstrate competence in techniques of statutory interpretation. In particular, students will be required to understand the operation of legislation and its interaction with case law through critical analysis using academic commentary.
- Develop elementary advocacy skills enabling students to demonstrate their learning orally and have the opportunity to experience the role of lawyer in the courtroom through mock legal proceedings.
Assessment tasks
- Criminal Class Participation
- Criminal Procedure Quizzes
- Court Observation Assignment
- Civil Class Participation
- Civil Procedure Quizzes
- Civil Take-Home Examination
PG - Research and Problem Solving Capability
Our postgraduates will be capable of systematic enquiry; able to use research skills to create new knowledge that can be applied to real world issues, or contribute to a field of study or practice to enhance society. They will be capable of creative questioning, problem finding and problem solving.
This graduate capability is supported by:
Learning outcomes
- Demonstrate a competent level of understanding of the principles and stages of civil and criminal procedure in order to comply with the formal requirements for admission to legal practice.
- Understand the themes and theories of procedural law, identifying and interpreting key legislative provisions and identifying key stakeholders. Ability to consider and critique current procedural processes. This will develop students' independent research and critical thinking skills.
- Solve hypothetical problem questions through the application of procedural legislation and precedent.
Assessment tasks
- Criminal Class Participation
- Court Observation Assignment
- Civil Class Participation
- Civil Take-Home Examination
PG - Effective Communication
Our postgraduates will be able to communicate effectively and convey their views to different social, cultural, and professional audiences. They will be able to use a variety of technologically supported media to communicate with empathy using a range of written, spoken or visual formats.
This graduate capability is supported by:
Learning outcomes
- Communicate an integrated body of procedural law knowledge. Students will be expected to engage with the curriculum through oral and written modes of communication including active and informed participation in class discussions.
- Solve hypothetical problem questions through the application of procedural legislation and precedent.
- Demonstrate competence in techniques of statutory interpretation. In particular, students will be required to understand the operation of legislation and its interaction with case law through critical analysis using academic commentary.
- Develop elementary advocacy skills enabling students to demonstrate their learning orally and have the opportunity to experience the role of lawyer in the courtroom through mock legal proceedings.
Assessment tasks
- Criminal Class Participation
- Criminal Procedure Quizzes
- Court Observation Assignment
- Civil Class Participation
- Civil Procedure Quizzes
- Civil Take-Home Examination
PG - Engaged and Responsible, Active and Ethical Citizens
Our postgraduates will be ethically aware and capable of confident transformative action in relation to their professional responsibilities and the wider community. They will have a sense of connectedness with others and country and have a sense of mutual obligation. They will be able to appreciate the impact of their professional roles for social justice and inclusion related to national and global issues
This graduate capability is supported by:
Learning outcomes
- Demonstrate a competent level of understanding of the principles and stages of civil and criminal procedure in order to comply with the formal requirements for admission to legal practice.
- Understand the themes and theories of procedural law, identifying and interpreting key legislative provisions and identifying key stakeholders. Ability to consider and critique current procedural processes. This will develop students' independent research and critical thinking skills.
- Develop elementary advocacy skills enabling students to demonstrate their learning orally and have the opportunity to experience the role of lawyer in the courtroom through mock legal proceedings.
Assessment tasks
- Criminal Class Participation
- Court Observation Assignment
- Civil Class Participation
- Civil Take-Home Examination
Changes from Previous Offering
This year the Criminal Procedure component of the Course will be run first with the Civil Procedure component running second.
In addition, this year compulsory quizzes have been introduced throughout the course to increase the focus on continuous assessment and decrease the weighting of the assignment and exam. It is hoped these changes will reduce the assessment pressure on students and facilitate continuous engagement with the course.