Unit Title : Foundations of Law Case Analysis And Research Paper
Assignment Type : Individual Assessment 2
Length : 2500 words
Weighting ; 60%
RATIONALE : This task is designed to test your understanding of legal research case analysis the doctrine of precedent and judicial reasoning. You will critically analyse a case as an exercise in demonstrating your understanding legal reasoning and legal problem solving.
Foundations of Law Case Analysis And Research Paper Assessment 2 – Australia.
COURSE OBJECTIVES :
CO1. Apply knowledge and understanding of the reception and development of the Australian common law system and the impact of comparative and international law upon our law
CO2. Express knowledge and understanding of the constitutional basis of the Federal/State judicial systems and of the importance of the rule of law particularly in respect of judicial independence and accountability; and the role of the lawyer with in this system
CO3. Interpret case law analysis and legal reasoning with a consideration of the legal moral and ethical dimensions of judicial decision making
CO4. Discuss case statute and public international law research and research into secondary sources of the law in order to critically analyse the law for the purpose of legal problem solving
CO5. Explain the requirements and practice of correct legal citation (GQ 5, 6)
Assessment Description :
This Assessment has two components:
Part A. Case Analysis and Part B. Response to Research Questions.
The Assessment will test your understandings of case law research, case analysis, the doctrine of precedent and judicial reasoning. You will be required to complete a case analysis, a process that you learn and practice through the course. You will also answer specific legal research questions that will require you to engage with a range of legal sources including academic commentary legal encyclopedias and statute and case law. This Assignment tests your capacity to:
1. Identify the relevant case and analyse the factual background, the legal issues, material facts, the ratio and legal reasoning adopted by the judges.
2. Utilise a range of databases in researching the legal issues and relevant case law raised and considered within a case.
3. Present your work in clear, concise and consistent way with legal referencing and ensure detailed compliance with the Australian Guide to Legal Citation
Foundations of Law Case Analysis And Research Paper Assessment 2 – Australia.
Assignment 2 is strictly to be no more than 2500 words in total. How you divide the words between the different Parts and Questions is up to you but please consider the percentage of marks allocated to each section. The word count must be noted on the front sheet of the assignment. A penalty of 5% will apply for every 100 words over the word count. This means that if your Assignment is 2602 words in total you will lose 5% of the marks originally allocated to your work. Headings are strongly encouraged but will be included in the word count. Text in footnote references is generally not included in the word count unless the foot note includes commentary as well as citation information.
The Research paper is a formal piece of prose writing and compliance with AGLC legal referencing and citation is an important aspect of the assessment and will constitute 10% of your grade. When you cite an Act or case or article you must follow the conventions for acknowledging these sources as outlined in the AGLC.
Assessment Instructions :
Part A: Case analysis on Collins v South Australia
1.Locate the 1999 decision by Justice Mill house of the South Australian Supreme Court in Collins v South Australia (1999)74 SASR 200. Please note that the SASR South Australian State Reports are the authorised reports of the SA Supreme Court available on the West law AU database and MUST be used for this Assignment.
2.Complete a case analysis of the decision.
1.When conducting the case analysis you should be guided by the Analysing a Case document available under the Legal Skills tab.
2. You will need to conduct online research utilising the UniSA Library Law Research Guide.
3.You must very carefully reference your work in line with the Australian Guide to Legal Citation e.g. every statement of fact and law should be accompanied by a footnote that provides a reference back to the specific page or paragraph of the judgement or other source.
4.Proofread your work.
Your case analysis should include an introduction and a logical structure. The use of headings and subheadings is strongly encouraged. You must include:
1.An introduction that sets out the overall significance of the case and introduces the legal issues considered and/or the nature of the dispute.
2. A description of the facts, procedural history and outcome of the case
3. Identification of the precise legal issue/s or question/s before the court
4. An analysis of the legal reasoning which:
5. Identifies the relevant legal rules and principles
6. Describes how the judge/s applied these legal principles to the material facts
5. Describes the Court’s key findings and sets out the ratio of the case
Part B: Research Questions
Please use short subheadings or numbered paragraphs to indicate which question you are addressing. It is not necessary to provide an introduction when responding to these research questions.
The following 4 questions require more detailed research and analysis, as well as more detailed answers. Merely describing is not enough you need to apply critical thinking. The word count indicates the relative weighting of each question and therefore the amount of effort required to address the question.
5.Under s 7 of the Crown Proceedings Act 1992 (SA) a mandatory injunction cannot be granted against the Crown. What is a mandatory injunction?
What were the grounds upon which the Court found that a Declaration was also unable to be granted against the Crown? In addressing this question explain the nature of a Declaration.
6.At paragraph [51] Mill house J refers to the decision of Brennan J of the High Court in Re Citizen Limbo (1989) 64 ALJR 241; (1989) 92 ALR 81. You can locate this decision on LexisNexis AU (using the ALR citation) and will need to read this decision in order to answer the following question.
Was that decision even binding upon Mill house J? In answering this question please also address the following:
1. In what jurisdiction was the High Court acting?
2. What did the decision concern?
A.What is the significance of the quoted extract from Re Citizen Limbo to Mill house J’s analysis in Collins
v South Australia?
Foundations of Law Case Analysis And Research Paper Assessment 2 – Australia.
7.At para [46] Mill house J states that the effect of the Administrative Decision (Effect of International Instruments) Act 1995 (SA) in South Australia is to make Australia’s involvement in international conventions ‘merely platitudinous and ineffectual. With respect to international human rights law, arguably,there are other reasons why Australia’s engagement with international human rights might be described as such. Discuss.
Foundations of Law Case Analysis And Research Paper Assessment 2 – Australia.
8.Does the decision of Mill house J still represent good law in 2020? This means you need to determine how this decision is treated in subsequent cases and whether it is properly in conformity with the law.