LAWS1052: Foundations of Law

Court Report Assignment (Combined Law Programs ONLY)

Session 1, 2016
This assignment is worth 10% of your final mark in Foundations of Law.
Word Limit: 750 words
Due Date: , by electronic submission through Moodle, to be followed by hard copy of
the assignment by 4 pm on Thursday 24th March 2016 to the Student Service Counter,
Level 2, Law Building
This assignment is worth 10% of your final mark in LAWS1052 Introducing Law and
Justice.

4pm, Thursday 24th March 2016, Student Service Counter, Level 2, Law
Building

Aims
To provide you with early feedback on your legal writing and critical analysis
skills;
To provide a background for seminars and a context for class discussion on
the court system;
To reflect upon and present your own understanding of the court proceedings
observed and relate these to the reading materials and class discussion;
To provide an opportunity to apply some of your newly acquired legal
research skills.

Outline of the Assessment Task

The assignment requires you to attend at least two different types of courts
and write a report in which you compare and/or contrast the courts
proceedings, drawing on the readings and your observations.
To complete this assignment you will need to:

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1. Attend and observe at least two different types of courts, for

example a local court and a superior court, or a State Court and a Federal
Court. Also, we would prefer that you attend a criminal and a civil case.
We would expect that you spend at least two half days observing court
proceedings. During your visits you do not have to remain in one
courtroom for the entire visit, for example if you visit a local court you
might want to spend some time in different courtrooms as well as some
time in the foyer areas. You are expected to schedule your own court
visits. Information about the different courts in Sydney can be found at
http://www.lawlink.nsw.gov.au. Your first two Foundations of Law
Research Tutorials will also help you to find information about the
location, jurisdiction and court lists of different courts in Sydney. You may
arrange to visit the courts in small groups, but please note the
instructions below on appropriate court etiquette.
2. Write up your court visits in a Court Report. Your report should contain
the following:
a. A list of the courts you attended and the names and dates of all of
the cases that you observed. Your observations should be made
after 22nd February 2016. This list should include brief details about
the type of matter (eg. civil or criminal) and, if you can determine
this, what stage the proceedings were at (eg. a trial or an appeal).
This list can be in the form of an appendix to the main body of your
report and it is not included in the word count. If a case is listed by
the initials of parties/defendants, you should only use those initials
in your list.
b. The main body of your Report in which you describe and analyse
the cases you have observed. This must include a critical
discussion of your observations that presents an argument and
contextualises your court observations, taking into account
relevant reading materials from the course and concepts covered in
the course so far. Provided that the main body of your report refers
to two different types of courts, this substantive discussion does
not have to cover all of the cases that you observed.
In particular your report should address whether, when you were in
the courts, you observed behaviour by the legal personnel (judges,
lawyers, paralegals) which suggested to you that they had a strong
sense of their professional identity and/or that they were resilient
enough to deal with difficulties and unexpected events which
happened during their time in court. Your discussion could consider
whether you think the material on personal and professional
development, including the lecture on mindfulness and metacognition suggest to you different ways to deal with difficult
matters or challenging events that you observed during your visit
to the courts.
Your discussion should follow an appropriate structure, including
having an introduction which frames your approach or argument,
and a conclusion. See below for further information about the
principles of good legal writing that your need to consider when
writing your report.
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Your report could also include some personal reflections on your

experience (perhaps on something that that you found interesting
or unexpected, or boring, or something that met your expectations)
and/or a discussion that draws on links between your observations
and other relevant sources, such as current media reports.

Behaviour in Court
ENSURE that you TURN OFF your mobile phones and other electronic
devices before you enter the courtroom. You must not use your phone,
record proceedings or take photographs in the courtroom. You should
dress neatly and behave appropriately. It is customary to give a small bow
when you enter or leave a courtroom that is in session, and you should do this.
Do not speak to others while the court is in session. You should not eat nor
drink in the courtroom.
You should carry your student identification card with you when visiting the
courts. It may be a good idea to identify yourself as a law student to the Court
Officer (in a local Court) or the Sheriffs Officer in the Supreme Court and check
that it is permissible to take notes. Comply politely and promptly with any
official request to leave a court room for any reason.
Entering and leaving the courtroom should be done as discreetly as possible.
Visiting the courts with a group of up to three or four is fine, but you should
not visit individual courtrooms in large groups.
Do not discuss the cases you have observed in the foyer, lift areas of the
court, or in nearby cafes. Remember that while you are in these courtrooms to
observe, others might be participants in the proceedings. You may be
standing or sitting next to one of the parties, or an accused, or a
member of their family.
You should not interview participants nor record any of the
proceedings. You should use discretion and deference if you approach
participating lawyers. This should only be done during breaks where the
lawyers are not otherwise engaged. DO NOT INITIATE CONTACT with
judges, magistrates, witnesses, complainants or defendants. Be
cautious in your responses if you are approached by any of the participants. Do
not describe what you have just observed in a court room to anyone waiting
outside of the court room, they might be a witness waiting to give evidence.
ANY COMPLAINTS ABOUT BEHAVIOUR OF STUDENTS WILL BE TAKEN
VERY SERIOUSLY AND MAY BE REFERRED TO THE HEAD OF SCHOOL.

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Legal Writing and Other Requirements

Legal Writing
When marking this assignment, your lecturers will be paying particular attention to
written expression and the way that you structure and organise your observations,
reflections and analysis. We are using this assessment to give you early feedback on
your legal writing and critical analysis skills. On the basis of this assignment, your
lecturer may refer you to support programs such as the Peer Tutor Scheme or the
Learning Centre.
When completing this assignment you should conform to the principles of good legal
writing, including:
writing clearly and precisely with attention to how effectively you communicate
your meaning;
structuring your text carefully, which may include using sub-headings;
using plain legal language;
using gender inclusive language;
citing authority whenever relevant;
using footnotes to refer to authority;
sourcing your materials appropriately.
For information about correct citation, please refer to your 2016 Research Workbook,
and/or the Australian Guide to Legal Citation (Melbourne University Law Review Assn,
3rd ed, Melbourne, 2010).
Format
Your prepared report should be 1 spaced with a good margin (2.5 - 3cm) and printed
single-sided. Please do not submit your work in a folder or plastic sleeve. Make sure
that your name, student number, an exact word count, and your lecturers name are
marked clearly on the cover page of your assignment. Each subsequent sheet should
have your student number on it. You must attach a signed Law School assignment
cover sheet. This is available at Student Services and is downloadable from the Law
School website.
Late Penalties
Late Assignments will not be accepted without penalty, unless an extension has
previously been granted. Refer to the Course Outline for more information about Late
Penalties and Extensions.
Word Limit

The word count for the Court Report will be calculated by reference to all text in the
main body of the court report (section b). Substantive or explanatory text in the
footnotes will be included in the word count but footnotes that contain only citations
or other references are not included in the word count. Penalties for exceeding the
word limit may be applied as follows: 0-10% excess 10% of the grade awarded; 11%20% excess - 15% of the grade awarded; 21%+ excess and above - 20% of the grade
awarded.
Avoiding Plagiarism
The Law School regards plagiarism very seriously. This case note must be your own
work and all sources need to be acknowledged appropriately. To ensure that this
happens we suggest that although you might discuss this with your student
colleagues you should never swap or look at each others written work.
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Information about University policies in relation to plagiarism and academic

misconduct can be found here: https://my.unsw.edu.au/student/atoz/Plagiarism.html.
You should familiarise yourself with these polices. If you have any questions about
appropriate use of materials you should consult your lecturer and/or make use of the
substantial
resources
available
via
UNSWs
Learning
Centre:
http://www.lc.unsw.edu.au/plagiarism/index.html.

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