Reference no: EM132362774

Assessment 1:

In your Research Essay you will be analysing the judgment from a High Court constitutional law case to explain the legal significance of the decision and its wider impact. You may select any High Court case and judgement, including those covered in the course.

The research essay is in the same form of case analysis that you will be working with throughout the course. Every week, the three part lecture video provides a model for the research essay and is an ideal guide for how you should approach your own case analysis.

To familiarise you with what is expected, there is an example case extract and a good analysis of this in week 1. This will indicate the structure and content required. You will also be able to compare this to a poor example of a case expected. Remember to review the standards described in the rubric to further familiarise yourself with requirements.

Objectives

This assessment enables you to apply the skill of analysing a case which you will practice weekly throughout the course. Practice in case analysis helps you identify legal issues, consider how the law may be used to construct arguments for both parties to the dispute and explain how the relevant law applies to the situation. This assessment will also test your ability to research and incorporate relevant secondary sources into the essay.

The following course objectives are being assessed:

CO1 Develop an understanding and knowledge of some of the foundational principles of public law, using seminal High Court cases.
CO2 Equip students with the skills needed to read and analyse judicial decisions and reasoning processes.
CO3 Develop an understanding of some of the more contentious aspects of public law through analysing the relationship between the three arms of government.
CO4. Instil the capacity to read and understand complex judgments.

Instructions

A wide range of relevant resources is required to support your analysis of the case. Wherever you use the ideas from sources you must use Australian Guide to Legal Citation (AGLC) to acknowledge them. The Finding Case Law and Finding Legislation tutorials from week 1 will help you find relevant resources, in addition to those included in the course material. Use the library guide on AGLC referencing to make sure you follow the guidelines precisely.

Remember to keep closely to the word count of 2100 words (+/- 10%) as concise writing is an important skill to develop as you analyse cases.

Use Times New Roman font and double line spacing.

1. Select a High Court constitutional law case. You may want to email your tutor to confirm your choice if you are unsure of the case's suitability.

2. Carefully read the judgement. Consider the legal significance of the decision and its wider impact.

3. Write your response making sure you critically analyse the different aspects of the issue in relation to concepts covered in the course.

Remember to acknowledge ideas from sources using your own words and the AGLC conventions.

Assessment 2: Research Paper (Legal Case Analysis)

The Research Paper will assess your understanding of case law research, case analysis, the doctrine of precedent and judicial reasoning. It is the culmination of what you will have learned throughout the course. You will critically analyse a case to demonstrate your understanding of the IRAC approach to legal reasoning and legal problem-solving. Critical thinking is also required to demonstrate your understanding of the appropriate use of precedent and its application in legal reasoning.

It may sound daunting; but, the assessment is based entirely on what you will be learning. And by doing the weekly activities you should develop the necessary knowledge and skills needed to do well in the assessment.

Objectives

The following learning objectives are being assessed:

CO1. Apply knowledge and understanding of the reception and development of the Australian common law system, and the impact of comparative and international law upon our law.

CO2. Express knowledge and understanding of the constitutional. basis of the Federal/State judicial systems, and of the importance of the rule of law, particularly in respect of judicial independence and accountability; and the role of the lawyer within this system.

CO3. Interpret case law analysis and legal reasoning, with a consideration of the legal, moral. and ethical dimensions of judicial decision making.

CO4. Discuss case, statute and public international law research, and research into secondary sources of the law, in order to critically analyse the law for the purpose of legal problem-solving.

CO5. Explain the requirements and practice of correct legal citation

You will complete a case analysis on New South Wales v Canellis, a process that you learn and practice through the course. You will also engage in a critique of the judgment by examining the interpretation and application of relevant legal authorities, including statute and case
law, by the court.

This is therefore an exercise in you demonstrating your capacity to:

• Identify the relevant case and analyse the factual background, the legal issues, material. facts, the ratio and legal reasoning adopted by the judges.
• Identify the operation of the doctrine of precedent in Australia, including its operation within the Australian court hierarchy and federal structure; and critique the court's use of precedent.
• Utilise a range of databases in researching the legal issues and relevant case law raised and considered within a case.
• Be clear, comprehensive and consistent with legal. referencing, and ensure compliance with the Australian Guide to Legal Citation (AGLC) in respect of case citations and other matters including headings, quotes and footnoting conventions.

The Research paper is a formal piece of prose writing and compliance with AGLC legal referencing and citation is an important aspect of the
assessment which will constitute 15% of your grade for this assessment.

When you cite an Act or case or article you must follow the conventions for acknowledging these sources as outlined in the AGLC.

Instructions
1. Locate the 1994 High Court decision of New South Wales v Canellis, available on the Firstpoint databse, on Westlaw AU, via the Library website. Important Note: in the by counsel. Tthis does not form part of the judegement proper.

2. Refer to the document Analysing a case for guidance on the analysis expected to successfully complete the assignment. This process will assist you to deconstruct the case so that you will be better placed to address the specific assessment criteria. You may also find the Anatomy of a Case useful to review again.

3. Answer the questions set out below. Note there are two parts to the assignment: a case analysis (the structure required is provided  below) and 3 set questions relating to the case. 4. When conducting the case analysis you should be guided by the Analysing a Case
framework. You will need to conduct online research utilising the AustLII.

Structure of your Analysis

Part 1: Case Analysis

Your analysis should include and introduction and a logical structure.

You must include:
• A description of the dispute
• An analysis of the legal reasoning. This includes the requirement that you identify the relevant legal. principles and examine how the justices interpreted these principles from precedent authority and then applied to the present matter. You will then be in a position to identify the material facts and ratio of the decision.
• Critical analysis of the case. In addition to the points made in the document Analysing a Case you are encouraged to read academic commentary (journal articles) that discuss the decision.

Part 2: Address the following questions

(a) Does this case still represent good law, or put another way, how has this case been treated by subsequent decisions? Please locate 2 decisions that have discussed NSW v Cannellis and explain how it was treated and why?

(b) Is the Judicial Inquiry, established under s 475 of the Crimes Act 1900 (NSW), an exercise of administrative/executive or judicial powers by the judge? Give reasons and authority in support of your answer.

IMPORTANT NOTE: This provision is now incorporated within the Crimes (Appeal and Review) Act 2001(NSW) pt 7 'Review of convictions and
sentences' that provides for a judicial. inquiry where there is doubt or questions concerning the guilt of a person convicted of a crime. The Judicial inquiry is presided over by a judge who is empowered to summon and examine witnesses.

(c) Is there an equivalent provision to the Crimes (Appeal and Review) Act 2001(NSW) pt 7 'Review of convictions and sentences' in South Australia?

Essay 2700 words and report 2500 word.

Attachment:- Legal Case File.rar