Subject Code & Title: LAWS11059 Statutory Interpretation
Task Overview : You must complete a research task and provide a response to a question about dealing with a case.This assessment is designed to reinforce student learning in relation to the early-unit material. You will need to undertake legal research and use your legal research to provide a response to this question.
LAWS11059 Statutory Interpretation Assessment 1 – CQ University Australia.
Notes :
1. I expect students to present their assessment work on time. Please note that I will not consider any request for an extension of time unless you upload an application in the appropriate manner, supported by documentation and you apply prior to the due time/date.
2. Because I release the task near the start of term, you are less likely to obtain an extension even if supported by documentation, than would be the case if I released the task shortly before the time it was due. If you make an application for an extension of time, you should understand that I consider several factors in deciding whether the request is sustainable. I encourage you to allow for contingencies.
3. I will impose a penalty deduction of 5% per day for late work until the nominated cut-off date. If you fail to complete the task by the cut-off date you will receive a mark of zero.
4. I will provide personalised feedback soon after the last date for submission of work. You will receive your mark at that time.
5. I require you to upload your assessment through the Moodle unit website. Submit your entire answer in a single Word (not PDF) document. Do not submit in multiple parts. Only online submissions are accepted and marked.
6.You may consult with peers at your discretion, but the final answer must be yours and I will check it via Turnitin for originality. When sharing ideas, it is important to retain something original for your own response. This is an individual assessment, and you may not collude;which means that you cannot act together to cheat or to plagiarise or engage in academic misconduct.
Words and marks :
I have allocated a total of 20 marks for the exercise, and I impose a 1200 word-limit. Material included in footnote referencing is excluded from the word count. Unless included in a footnote, direct quotes are included in the word count. I allow some flexibility on the word count. If you need to go beyond 1200 words (bearing in mind I will scrutinise whether I believe this was necessary),then you may do so, but do not go beyond 1400 words. You can provide a response that is less than the word limit, however experience would suggest to me that you submit at least (a total of) 1000 words. You must exercise your own discretion to determine where you use your words in this assessment. In real life, you must do so, and this exercise reflects this reality. I am not prescribing marks for specific aspects of the question. That does not occur in real life and this exercise reflect smthis reality. It is for you to determine where to place the appropriate emphasis. Your answer should reflect the relative importance, as you see it, of the individual components of the question.
To provide a good response to this paper, you must demonstrate some practical thinking and effective research. You need not arrive at the right answer to pass but a response that unearths the right issues and some of the applicable law on this topic is required. You should be able to demonstrate logical problem solving and research skills that take you some way towards an answer. Where will you look for the law? What will you consider in preparing a response? How will you present your answer? What are the material facts? What are the issues? You may use diagrams or flow charts to demonstrate your methodology to come to an answer.
LAWS11059 Statutory Interpretation Assessment 1 – CQ University Australia.
Assessment criteria :
I assess students on their ability to demonstrate thinking and writing skills, to comprehend the material, to process the material and to provide a critical analysis and logical discussion of the law. Students are required to communicate clearly, logically and in a concise manner. I expect you to present your paper in a professional manner. Please paginate the paper and use correct spelling and grammar. You must appropriately reference and attribute the work of others.
High distinction standard
1.You wrote your answer to practitioner standard and expressed yourself clearly and concisely
2. You presented your paper in a logical structure
3. You demonstrated an appreciation and understanding of the issues involved
4.You backed your answer with well-reasoned arguments demonstrating a detailed insight and analysis of issues
5. You produced a sophisticated analysis from a variety of perspectives
6. You demonstrated mastery of the AGLC referencing system
Distinction Standard
a. Your answer is professionally written
b. You produced a well-structured and logical paper
c. You clearly identified, and appreciated, legal issues
d. You referenced your material correctly
e. You considered appropriate case law, but your analysis and interpretation were not as detailed and reasoned as for high distinction standard
Credit Standard:
1. Your answer is generally professionally written
2.Your paper is well structured and sequential
3. Your coverage of issues is reasonably comprehensive with a good treatment and analysis
4. Referencing is satisfactory
5. Your analysis was not as detailed and reasoned as for distinction standard
Pass Standard:
1. You could better organise and structure your paper
2. You could identify and address issues in more depth
3. Your paper is confusing or incorrect
4. Core facts/issues not clearly understood or identified
5. You demonstrated some familiarity with legislation and case law
6. Your conclusions reached are somewhat simplistic
7. You included quantities of material of marginal relevance in your paper
8. Referencing needs improvement
9. Your analysis was not as detailed and reasoned as for credit standard
Part 1:
Locate the Queensland Domestic and Family Violence Protection Act 2012 from three (3) sources.
First, provide three direct hyperlinks to the Act. Then answer these questions:
1.What is the correct title of the Act?
2.Provide a (single) hyperlink to a copy of the explanatory memorandum from when the Act was being introduced into the parliament.
3.Locate a section within the Act that describes its object or purpose.
4.Locate any dictionary or a definition section that helps with interpretation. What is the section and where is it found?
5.Find, and state, an example of plain English drafting in the Act.
6.Section 37 states that a court may make a protection order against a respondent for the benefit of an aggrieved if the court is satisfied that the three-part test has been satisfied,which includes that the protection order is necessary or desirable.
a. Does a protection order include a temporary protection order?
b. Assuming the respondent has been served with an application for a protection order, in assessing whether to make a temporary protection order is the court concerned as to whether such temporary protection order is necessary or desirable?
Part 2:
Write a case note on this case:
Provide some important short quotes from the judgement. Finish with an analysis explaining its significance to statutory interpretation.
LAWS11059 Statutory Interpretation Assessment 1 – CQ University Australia.
For this exercise, your case note should contain all the following:
1.Correct case name and citation.
2.Court / judges’ names and titles.
3.Who were the parties and what brought them together in this litigation? (e.g. A&B were involved in a motor car crash in Brisbane in 1956).
4.What were the material facts? Please be concise, with no more than two paragraphs.
5.What was the question of law to be decided? (e.g. had driver X been negligent?)
6.What principle of law was under consideration or discussion? (e.g. an element of negligence which must be present is ‘fore see ability’).
7.What was the outcome of the case? You must refer to 5 & 6 above, not just say (e.g. the plaintiff was successful). Why was that the outcome?
8.Why is this case important to statutory interpretation?
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