Unit convenor and teaching staff |
Unit convenor and teaching staff
Co-convenor
Sonya Willis
Contact via E-mail
W3A-523
Wednesday 10AM-12PM,
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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Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
Further information about the assessment criteria for each task will be forthcoming throughout the semester.
Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline. No late submissions will be accepted for timed assessments – e.g. quizzes, online tests.
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. Assessments for Fail grade students will be double marked.
Name | Weighting | Hurdle | Due |
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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 2018, 5pm |
Civil Class Participation | 10% | No | Continuing |
Civil Procedure Quizzes | 20% | No | Weeks 9, 10, 11 and 12 |
Civil Take-Home Examination | 20% | No | 9:00am Saturday 9 Jun 2018 |
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.
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 30 minutes of commencement and each quiz will be available from 7:00am Friday to 7:00am Saturday. More information regarding the quizzes will be provided on iLearn.
Due: Week 8,4 May 2018, 5pm
Weighting: 20%
Students will be required to attend a minimum of six (6) hours of New South Wales court observation and critically assess their findings in an essay (1500-1800 words, excluding footnotes, headings and diagrams), drawing on literature provided in the textbook (Brown & Farrier), primary sources of law, as well as through their own independent research.
The six hours of observation must include the following:
· At least one trial in-progress in a NSW higher court (District and/or Supreme)
· At least one sentencing at a NSW lower court (Local Court)
· At least one sentencing at a NSW higher court (District and/or Supreme)
· At least one bail hearing OR one matter in the Drug Court of NSW.
Detailed instructions, rubrics and exemplars for the assessment will be posted to iLearn. Students will also be required to complete a Court Attendance Log documenting their attendance (a blank Court Attendance Log Sheet can be found on iLearn).
The assignment is due in Week 8 on Friday 4 May 2018, 5pm.
All work is to be submitted via Turnitin on iLearn.
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.
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 30 minutes of commencement and each quiz will be available from 7:00am Friday to 7:00am Saturday. More information regarding the quizzes will be provided on iLearn.
Due: 9:00am Saturday 9 Jun 2018
Weighting: 20%
This assessment task will be delivered online from 9:00am to 11:00am, Saturday, 9 June 2018.
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.
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 seminar weekly. Students are also welcome to attend the LAWS398 live lecture on Wednesdays from 2-3pm in 10HA T1 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);
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.
Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:
Undergraduate students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central).
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/study/getting-started/student-conduct
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.
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.
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
For all student enquiries, visit Student Connect at ask.mq.edu.au
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.
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:
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:
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:
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:
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:
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:
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.