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Unit outline_

LAWS1014: Civil and Criminal Procedure

Semester 1, 2024 [Normal day] - Camperdown/Darlington, Sydney

This unit of study aims to introduce students to civil and criminal procedure. It is concerned with the procedures relating to civil dispute resolution and criminal justice which are separate to the substantive hearing. The unit will consider the features of an adversarial system of justice and its impact on process. Recent reforms to the adversarial system of litigation will be explored. The civil dispute resolution part of the unit will cover alternative dispute resolution, the procedures for commencing a civil action, case management, gathering evidence and the rules of privilege. Criminal process will be explored by reference to police powers, bail and sentencing. The course focuses on practical examples with consideration of the applicable legislation, ethics, and contextual and theoretical perspectives.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
LAWS1006 and LAWS1012
Corequisites
? 
None
Prohibitions
? 
LAWS5003
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Tanya Mitchell, tanya.mitchell@sydney.edu.au
Tutor(s) Louise Boon-Kuo, louise.boon-kuo@sydney.edu.au
Salim Farrar, salim.farrar@sydney.edu.au
Alexander Kuklik, alex.kuklik@sydney.edu.au
Louise Cauchi, louise.cauchi@sydney.edu.au
Roy Williams, roy.williams@sydney.edu.au
Tania Panico, tania.panico@sydney.edu.au
Bashi Hazard, bashi.hazard@sydney.edu.au
Rachel Killean, rachel.killean@sydney.edu.au
The census date for this unit availability is 2 April 2024
Type Description Weight Due Length
Supervised exam
? 
Final exam (60%)
2 hours (plus 30 minutes reading time) on-campus open book final exam
60% Formal exam period 2 hours
Outcomes assessed: LO1 LO2 LO3 LO4
Participation Tutorial participation (10%)
Participation in criminal procedure component
10% Ongoing n/a
Outcomes assessed: LO1 LO4 LO3 LO2
Participation Tutorial participation (10%)
Participation in civil procedure component
10% Ongoing n/a
Outcomes assessed: LO1 LO4 LO3 LO2
Small test Early Feedback Task
#earlyfeedbacktask
0% Week 03
Due date: 10 Mar 2024 at 23:59
Open for one week
Outcomes assessed: LO1 LO4
Assignment Long Release Court Report (20%)
Court Report Assignment
20% Week 08
Due date: 15 Apr 2024 at 23:59

Closing date: 29 Apr 2024
1200 words/7 weeks
Outcomes assessed: LO1 LO2 LO3 LO4

Early feedback task

This unit includes an early feedback task, designed to give you feedback prior to the census date for this unit. Details are provided in the Canvas site and your result will be recorded in your Marks page. It is important that you actively engage with this task so that the University can support you to be successful in this unit.

Assessment summary

Early Feedback Task: As part of our commitment to student success, this unit includes a required Early Feedback Task. This task is designed to provide students with timely insights into their understanding and engagement with the unit content. It serves as a diagnostic tool to identify areas of strength and areas needing improvement, ensuring that each student is on track for successful completion of the unit.

The Early Feedback Task in this unit is an online quiz and will be tailored to check students' understanding of key content and concepts from weeks 1-3 of the unit. These concepts will be crucial for the successful completion of the Court Report Assignment (below). 

This task is pass/fail (requiring 50%+) and can be attempted as many times as desired. Students will not be permitted to submit their Court Report unless the quiz has been successfully completed by the due date and time.

The task will be available on Canvas from 12:01AM 04 March 2024 to 11.59PM 10 March 2024. Students will be provided with immediate, automated feedback, upon completion of the task. #earlyfeedbacktask

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 assessment provides students with an opportunity to use oral presentation skills.

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.

Long Release Court Report Assignment (20%) This court report 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 required to include a bibliography. You are required to provide footnote references in accordance with the Australian Guide to Legal Citation. The assignment question and instructions will be available on Canvas.

The Court Report will be released on Canvas in the first week of class. The deadline for submission is 11:59PM Monday 15th April 2024 (Sydney, Australia time) 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 may lead to an alternative assessment to be determined at the discretion of the Unit Coordinator.

Final Exam (60%) is a written, pen-and-paper, invigilated examination that tests your understanding of the whole unit and covers civil and criminal procedure equally. The examination will be held during 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. The outcome of a grant of special consideration application may include an alternative task, at the discretion of the Unit Coordinator.

Word limit penalty: A piece of assessment that exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude all footnotes and any bibliography (if required).  

Use of editors or proof-readers: In completing unsupervised assessments, students may use editors, proof-readers, and automated writing tools (including translation software, grammar checkers, reference generators and artificial intelligence), provided that all use is acknowledged and consistent with University policies and procedures including Academic Integrity Policy. Acknowledgment must be made in writing on the front of the work submitted for assessment, or in an appropriate footnote or other reference, and state the name of the person or software.  

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate. 

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in 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. 

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1). 

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

Criteria for Assessment of Class Participation

1.  Substantive dimensions of assessment are similar to those used in assessing written work (see the Assessment Grading Guidelines at the back of this course outline).

2.  Students will be assessed on the quality rather than the quantity of their contributions. Nevertheless, it is difficult to award marks to students who are absent or who do not participate in the seminar discussion and exercises.

3.  The following descriptions are of “typical” levels of performance in certain categories of marks. The categories are based on total marks of 10 for seminar performance:

   0 - 2      Participation virtually non-existent. Little, if any, preparation apparent. Obvious lack of commitment to the unit. 

2.5 - 5      Inconsistent preparation. Evidences a poor understanding of the application of, and underlying reason for the use of, the skills emphasised in the seminars.

5.5 - 7      Reasonable level of preparation. Participates in seminar discussions, but sometimes exhibits a lack of comprehension of the topic. Adequate participation in seminar exercises

7.5 – 8     Good preparation. Either a good deal of participation of variable quality or less participation but good quality. Demonstrates a reasonable comprehension of topics under consideration.

8.5 – 10   High quality participation based upon thorough preparation. Demonstrates an excellent comprehension of topics under consideration. Evidence of capacity to develop innovative approaches to such topics.

 

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.

 

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof. For example, a submission after 12 noon but before 11:59pm on the due date for submission will attract a 10% penalty. A submission after midnight of the due date for submission will attract a 20% penalty. Late Penalty does not apply to exams which will not be accepted after the deadline.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week 02 Introduction to criminal procedure Lecture and tutorial (4 hr) LO1 LO2 LO4
Week 03 Police powers and discretion Lecture and tutorial (4 hr) LO1 LO2 LO4
Week 04 Bail Lecture and tutorial (4 hr) LO1 LO2 LO4
Week 05 Pre-trial processes and appeals Lecture and tutorial (4 hr) LO1 LO2 LO4
Week 07 Sentencing and punishment Lecture and tutorial (4 hr) LO1 LO2 LO4
Week 08 Process, open justice and fairness, adversarial system of justice, case management, alternative dispute resolution, costs and ethics Lecture and tutorial (4 hr) LO1 LO2 LO3
Week 10 Matters preceding litigation and commencing proceedings Lecture and tutorial (4 hr) LO1 LO2 LO3
Week 11 Pleadings and particulars, gathering evidence in civil cases Lecture and tutorial (4 hr) LO1 LO2 LO3
Week 12 Opposing disclosure - objecting to production and/or access: privilege Lecture and tutorial (4 hr) LO1 LO2 LO3
Week 13 Class actions and trial issues Lecture and tutorial (4 hr) LO1 LO2 LO3

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from undertaking the final assessment. 

For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit. 

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4  

 

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit can be accessed through the Library eReserve, available on Canvas.

  • David Brown, David Farrier, Luke McNamara, Alex Steel, Michael Grewcock, Julia Quilter and Melanie Schwartz, Thalia Anthony, Arlie Loughnan, Criminal Laws: Materials and commentary on criminal law and process in NSW (Federation Press, 7th edn., 2020).
  • Miiko Kumar, Michael Legg, Ilija Vikovich, James Metzger, Civil Procedure in New South Wales (Thomson, 4th edn., 2020).

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. Critically analyse and evaluate the procedures used in civil litigation and the criminal justice system
  • LO2. Synthesise knowledge of the historical and contemporary development and reforms of criminal and civil procedures
  • LO3. Assess the requirements and implications of open justice principles and the overriding purpose of the Civil Procedure Act 2005 (NSW) in civil litigation
  • LO4. Assess the requirements and implications of the principle of fair trial in the criminal and civil justice systems

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

N/A

Site visit guidelines

For the Court Report, students are required to attend court hearings. Students must not enter a courtroom if it is too crowded and must be quiet and courteous at all times. They must be diligent to ensure that their presence is in no way disruptive to proceedings.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.