Tutorial Participation (Criminal 10% and Civil 10%, total 20%) is designed to serve two pedagogical purposes. The first is to develop one of the most crucial skills for lawyers to develop; the ability to construct an argument based on the law and to present that argument orally. The second pedagogical purpose is to allow students the opportunity to be assessed in a number of different ways.  Students have different strengths: some prefer writing; others are better at presenting information orally.  This part of the assessment is constructed around this understanding.

At the outset of Part 1 Criminal and Part 2 Civil, students will be required to sign up to be ‘on call’ for one class and marks will be based on your designated ‘on call’ class only. We expect that 5-6 students will be ‘on call’ in each class. Students will be required to be ‘on call’ once in Criminal Procedure and once in Civil Procedure (twice in total). Students who are ‘on call’ are required to have prepared for class in the usual way including having prepared responses to the tutorial questions and problems, and are required to actively participate in group activities in class and present their reasoning to the class if called upon to do so.

We are aware that some students find it difficult to make oral presentations and speak in class. We would like to encourage all students to use the supportive environment of the classroom to practice their oral communication skills. Law demands an ability to communicate both in writing and orally – you must develop an ability to make vocal contributions in front of your peers.

Court Report / Case Comparison Assignment (20%) This assignment, 1200 words maximum, is an essay and should follow essay conventions, which means it should have an introduction, a central argument that is supported by material from the prescribed case(s), the course materials, and independent research. You are not required to include a bibliography. You are required to provide footnote references in accordance with the Australian Guide to Legal Citation. The assignment requires you to consider the prescribed case(s) set with the question. Students must retain pre-submitted drafts of their assessments on file.

The deadline for submission is 3pm Monday 11 April (AEST) The outcome of a successful Special Consideration application prior to the closing date (as specified in the Assessment Table) is an extension. Special consideration after that date leads to an alternative assessment which may include a viva (oral exam) or will be determined by the discretion of the lecturer.

Final Exam (60%) The examination tests your understanding of the whole unit and covers civil and criminal procedure equally. The examination will be held in the examination period.  All substantive and critical material listed in the Required Readings and material identified by your lecturer in class is examinable. It is intended that the exam will test problem solving skills, critical and analytical capacity and substantive knowledge. Maximum wordcount where the exam is conducted as a take-home exam is 3,000 words comprising 1500 words for Civil and 1500 words for Criminal. Students must retain pre-submitted drafts of their assessments on file.

A student must make a genuine attempt at all assessment tasks set out for this unit of study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this unit of study.

Detailed information for each assessment can be found on Canvas.