Class Participation (non-weighted): Students must attend a minimum of 80% of classes to be eligible to undertake assessment in this course. Class participation is designed to encourage preparation for class; encourage students to learn, think, analyse, reflect and evaluate legal material prior to covering that content in class; and assist students to develop the capacity to think clearly and to present oral arguments.

Mid-Term Essay (50%): Each student will be required to submit an essay of 3000 words. Students must retain pre-submitted drafts of their assessments on file.  The deadline for submission is 5pm Wednesday 27 April. 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. 

The Mid-Term Essay topic is as follows:

Explain the extent to which Roman law is relevant to legal principle in 21st Century New South Wales.  Give examples where relevant.

Suggested reading:

• Buckland, A Textbook of Roman Law from Augustus to Justinian (3rd ed), pages 321-332
• Commentaries on the Institutes
• Lawson & Markesinis, Tortious Liability for Unintentional Harm - Common Law and Civil Law
• R. Zimmermann, The Law of Obligations: Roman Foundations of the Civilian Tradition
• David Johnston, Roman Law in Context
• H. F. Jolowicz, Roman Foundations of Modern Law
• F. Pollock and R.S. Wright, An Essay on Possession in the Common Law
• AR Emmett: Roman Traces in Australian Law
• AR Emmett: Succession in Roman Law and the Common Law – Similarities and Contrasts
• AR Emmett: Roman Law and Equity: Some Parallels
• AR Emmett: Reception of Roman Law in the Common Law
• AR Emmett: Is Bailment sui generis?: A comparison between Roman Law and the Common Law

Final Assignment (50%): The Final Assignment will consist of three questions/scenarios, and students are required to answer any two questions only (but all sub-questions within a question must be answered). The maximum word count for each question is 1500 words. The Final Assignment will not deal with material that has not been covered in class and the combined answer for the two questions attempted by students should contain a maximum of 3000 words. Students must retain pre-submitted drafts of their assessments on file. The three assignment questions will be released in class on 30 March. The deadline for submission is 5pm Wednesday 25 May. 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.

Assessment requirement 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.