LAWS1111 Lecture Notes - Lecture 12: Statutory Interpretation, Procedural Justice, Moral Panic
Essay Feedback:
Common Problems:
General Issues:
Word count adherence
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Lateness
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Coversheet
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Referencing:
When? - Whenever the idea is not your own.
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How? AGLC - see guide on the UWA Website.
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Footnotes - use of 'Above n' and 'ibid' and pinpoint referencing.
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Bibliography - follow example on the AGLC Guide.
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Writing style:
Clear intro and conclusion.
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Analytical v factual or abstract.
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Third v first person.
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Contradictions.
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Examples/laws/cases - linking to the question.
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Use of academic sources v other sources (i.e. media).
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Uses of quotes v summarising.
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Short, clear sentences and paragraphs.
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The Exam
Exam is 2 hours long.
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Arrive 15 mins before written exams.
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Exam Instructions
Worth 45%
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3 parts to the paper, which are all worth equal marks.
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Part 1 - 4 short questions and you must answer all 4 questions. 15 marks.
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Part 2 - 2 problem questions and you must answer all 2 questions. 15 Marks.
Statutory interpretation.
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Part 3 - 3 long answer questions and you must answer ONE question. 15
Marks.
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This is a closed book exam. Computers, phones, calculators etc. aren't
allowed.
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Tips for the exam
Read the question carefully - especially problem questions.
Highlight key points
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Ensure you have really taken in what each question says as it is easy to
misread questions or miss parts of questions when you are in an exam.
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Re-read question - make sure the details are correct.
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1.
Plan your responses
Plan and create a logical structure to answer the problem question and
essay question.
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2.
Plan your time - how much time will you spend on each question?
In a perfect world, leave 5 mins to review your answers at the end - add
in the points missed.
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3.
Check that you have answered:
ALL of the question
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EACH PART of the exam.
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4.
If you go blank, don’t panic!
Brainstorm words and ideas.a.
Try another question and come back to it.b.
What causes mind blanks during exams?c.
5.
Include references in the text
Name of author is sufficienta.
No reference list required!b.
6.
Write legibly and use clear, precise and economical language.7.
Answer the Question!
Can't get marks if you don’t answer the question. a.
8.
Tips for answering the problem question:
Read the question very carefully
Have I got the facts right?
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Have I got the law right?
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What is the question asking me to do?
Who? What?
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What is the issue?•
How to resolve it?•
Issue•
Rules
What are the laws
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Application•
Conclusion
Use counter arguments, however, you must argue for one conclusion.
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Read them carefully and closely•
Read them through a few times•
Some tricky words to look out for
Or, and
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What does a word/phrase in a statute mean?
Is it defined?
Check definition section of the relevant Act and check the
relevant Interpretation act.
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1.
If not, what is the ordinary meaning?2.
In the context of the rest of the Act?3.
Do the meaning/s give effect to/promote the purpose of the act?4.
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The Purposive Approach
The courts are required, when interpreting a provision of an Act, to prefer a
construction that would promote kthe purpose or object of that Act.
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To find the purpose of an Act Courts can look at:
Intrinsic Material
From the Act itself
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Clauses, long title, explanatory memorandum etc.
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Extrinsic material
Dictionary
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Things to avoid:
'Dumping': writing every single thing you know on a topic, whether or not it
has anything to do with the question.
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Not answering the question, misreading the question, answering only part of
the question.
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Extensively referencing to material that we have not covered in LAWS1111.•
Part 3 of Exam:
Answer one of following long answer questions:
The Aus legal system delivers justice for all - do you agree?1.
What is moral panic? Using examples, discuss the relevance of moral
panics to understanding the relationships between law and society.
2.
Procedural justice is more important than substantive justice. Do you
agree? Give reasons for your opinion, using examples.
3.
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About 2-3 pages.•
Only being tested on:
All of Jade's lectures•
Some of the guests lectures•
Use required reading for extra info for essays. Don’t memorise everything
though.
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Revision Lecture
Wednesday, 30 May 2018
2:15 pm
Document Summary
Whenever the idea is not your own. Aglc - see guide on the uwa website. Footnotes - use of "above n" and "ibid" and pinpoint referencing. Bibliography - follow example on the aglc guide. Use of academic sources v other sources (i. e. media). 3 parts to the paper, which are all worth equal marks. Part 1 - 4 short questions and you must answer all 4 questions. Part 2 - 2 problem questions and you must answer all 2 questions. Part 3 - 3 long answer questions and you must answer one question. Read the question carefully - especially problem questions. Ensure you have really taken in what each question says as it is easy to misread questions or miss parts of questions when you are in an exam. Re-read question - make sure the details are correct. Plan and create a logical structure to answer the problem question and essay question.
