Unit convenor and teaching staff |
Unit convenor and teaching staff
Co-convenor (civil procedure)
Sonya Willis
Contact via E-mail
6 First Walk 520
Wednesday 12-2pm
Co-convenor (criminal procedure)
Andrew Burke
Contact via E-mail
6 First Walk 622
Wednesday 1-2pm
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Credit points |
Credit points
3
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Prerequisites |
Prerequisites
(39cp at 100 level or above) including LAW203
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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, such as pre-trial procedures, the nature of adversarial disputation, ethics of practice and a critical evaluation of the administration of justice, as well as select topics in criminal procedure, such as classification of offences, bail and sentencing.
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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. Any instances of plagiarism will be referred to the Faculty of Arts' Hearings Committee for disciplinary action. This may have adverse consequences for students wishing to be admitted as a solicitor after graduation. Students who are unclear as to the definition of plagiarism should re-read the Academic Integrity Policy (link below in Polices and Procedures).
For the Court Observation Assignment, students are required to complete and submit a Court Attendance Log. Any deliberate inaccuracies in this log will constitute fabrication under the Academic Integrity Policy (link below in Policies and Procedures). Any instances of fabrication will be referred to the Faculty of Arts' Hearings Committee for disciplinary action. This may have adverse consequences for students wishing to be admitted as a solicitor after graduation.
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.
Name | Weighting | Hurdle | Due |
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Criminal Class Participation | 10% | No | Continuing |
Criminal Procedure Quizzes | 15% | No | Weeks 3, 4, 5 and 7 |
Court Observation Assignment | 25% | No | Week 8, Monday 29 April, 5pm |
Civil Class Participation | 10% | No | Continuing |
Civil Procedure Quizzes | 15% | No | Weeks 9, 10, 11 and 12 |
Civil Take-Home Examination | 25% | No | 3pm Tuesday 11th June |
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 consist of mock sentencing submissions or bail applications, and students interested in advocacy should select that tutorial as their 'on call' tutorial. More information about the mock sentencing and bail exercises will be provided on iLearn.
Due: Weeks 3, 4, 5 and 7
Weighting: 15%
There will be four Criminal Procedure Quizzes, each worth 5%. Each student's three highest quiz marks will constitute the 15% total contribution to the final grade. The lowest quiz mark will be disregarded. The quizzes will be available through iLearn on Fridays of weeks 3, 4, 5 and 7. Each quiz will assess content from the preceding week/s. Each quiz must be completed within an hour of commencement and each quiz will be available from 7:00am on Friday to 7:00am on Saturday. More information regarding the quizzes will be provided on iLearn. This is a timed submission and no late submissions will be accepted.
Due: Week 8, Monday 29 April, 5pm
Weighting: 25%
Students are required to undertake a minimum of four (4) hours of court observation at a New South Wales criminal court or courts as directed, and critically assess certain findings in a short essay, drawing on literature provided in the textbook as well as through their own independent research. Detailed instructions will be provided on iLearn.
Students will be required to complete a Court Attendance Log documenting their attendance. A blank Court Attendance Log Sheet and further instructions will be provided on iLearn.
The essay is due at the beginning of Week 8 on Monday 29th April, 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: 15%
There will be four Civil Procedure Quizzes each worth 5%. Each student's three highest quiz marks will constitute the 15% total contribution to the final grade. The lowest quiz mark will be disregarded. These will be available through iLearn 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 on Friday to 7:00am on Saturday. More information regarding the quizzes will be provided on iLearn. This is a timed assessment and no late submissions will be accepted.
Due: 3pm Tuesday 11th June
Weighting: 25%
This assessment task will be delivered online through iLearn from 12:00pm to 3:00pm, Tuesday 11th June 2019.
All CIVIL PROCEDURE topics studied throughout the unit will be examinable.
The exam will be in the form of a problem question.
This exam is designed as a standard 1.5 hour open book exam. Students should prepare for and organise their time during this exam as if sitting an open-book exam on-campus. The examination will be submitted through Turnitin via a link on iLearn. Three hours have been allocated to allow for any delay in submitting exam papers by the 3pm deadline. Multiple submissions are encouraged with students expected to have submitted their first draft by 1:30pm. This is a timed assessment and no late submissions will be accepted.
The examination does not have a specific word limit but succinctness will be rewarded.
Delivery
Students will require access to reliable broadband internet and a computer for access to iLearn and 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.
There is a weekly 2-hour lecture at 3pm Wednesdays in the Mason Theatre.
Internal LAWS398 students will also attend weekly tutorials which begin in Week 1.
External LAWS398 students will attend a two day on campus session on Saturday 13th and Sunday 14th April. Attendance is compulsory. If you are unable to attend due to illness or misadventure, then you must apply for Special Consideration via ask.mq.edu.au. If Special Consideration is granted then you will be set alternative work in lieu to determine your class participation mark. If you do not attend, and are not granted Special Consideration, your class participation mark will be zero.
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
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 published on platform other than eStudent, (eg. iLearn, Coursera etc.) 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 or if you are a Global MBA student contact globalmba.support@mq.edu.au
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
If you are a Global MBA student contact globalmba.support@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.
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This graduate capability is supported by:
We want our graduates to have emotional intelligence and sound interpersonal skills and to demonstrate discernment and common sense in their professional and personal judgement. They will exercise initiative as needed. They will be capable of risk assessment, and be able to handle ambiguity and complexity, enabling them to be adaptable in diverse and changing environments.
This graduate capability is supported by:
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As local citizens our graduates will be aware of indigenous perspectives and of the nation's historical context. They will be engaged with the challenges of contemporary society and with knowledge and ideas. We want our graduates to have respect for diversity, to be open-minded, sensitive to others and inclusive, and to be open to other cultures and perspectives: they should have a level of cultural literacy. Our graduates should be aware of disadvantage and social justice, and be willing to participate to help create a wiser and better society.
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The online quizzes have changed from being worth 20% - with all four counting - to being worth 15% with the best three of four determining the total mark.
The Court Observation Report and the civil procedure Take-Home Examination have both increased in weighting from 20% to 25% to better reflect their significance and difficulty.
The lectures have changed from one hour to two hours.
Date | Description |
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31/01/2019 | Final Exam 12:00pm -3:00pm 11 June 2019 |
30/01/2019 | Change to consultation time for Dr Sonya Wills |