LAW 131 Legal Method - Course Outlines

Course Prescription

An introductory study of how law is made and applied in New Zealand – an overview of the law-making roles of the legislative, executive and judicial branches of government; other influences on the development of the law; an introduction to case law, including judicial reasoning and the doctrine of precedent; an introduction to statute law, including the legislative process and techniques of statutory interpretation and application; the interaction between case law and legislation.

Course Overview

Legal method is an introduction to how law is made, located, interpreted, and applied in New Zealand. It starts with an overview of the law-making roles of the legislative, executive and judicial branches of government. Most of the first six weeks is an introduction to case law (that is, cases decided by judges in the courts), including judicial reasoning and the doctrine of precedent. Following that, the course provides an introduction to statute law (or legislation). Including the techniques of statutory interpretation and application. Finally we will look at the interaction between case law and legislation.

This course is a skills-based course. This means the course is a practical one – it is, as its name says, ‘legal method’. The objective is to give students a basic understanding of the primary sources of law used by lawyers, judges and others interested in law when resolving particular legal questions. So there are three components to the course overall:

1. The basic sources of law in New Zealand. This introductory section of the course will examine the different sources of law and explain how these fit together to create our legal structure. We will concentrate on the court system and explain and how legal disputes are resolved in the New Zealand courts.

2. When cases are resolved by the courts, the results of a particular case determines the outcome for the parties to that particular dispute. But the results of the case, and in particular the reasoning of the judge who decides the case, becomes a ‘precedent’ to guide judges deciding future cases that are comparable. We will learn about this ‘doctrine of precedent’; how and when it applies and we will trace a line of cases to watch how the law gets developed by courts in this way.

3. The role of statutes (or legislation) in New Zealand law. We will examine how statutes are interpreted and applied by the courts; and the process of judicial decision making when a dispute is governed by legislation.

Course Requirements

Prerequisite: B- or higher in LAW 121 or 121G

Learning Outcomes

By the end of this course, students will be able to:

Demonstrate a basic understanding of the legal system of New Zealand. (Capability 1.1, 1.2, 1.3, 6.1 and 6.2)
Explain the way judges reach their decision, and the way in which the law develops from case to case. (Capability 2.1, 2.3, 3.1 and 3.3)
Develop skills required to analyse a case and to go on to apply the rule established by one case to different legal disputes. (Capability 2.1, 2.3, 3.1, 3.2, 3.3, 4.1, 4.3 and 5.1)
Demonstrate an understanding of the techniques of statutory interpretation and to develop the skills required to read and understand statutory materials. (Capability 2.1, 2.2, 2.3, 3.1, 3.3, 5.1 and 5.2)
Apply statutes or legislation to fact situations. (Capability 2.1, 2.2, 2.3, 3.1, 3.3, 4.1, 4.3, 5.1 and 5.2)
Demonstrate an understanding of the relationship and interaction between statutory interpretation and case law. (Capability 1.1, 2.1, 2.2, 3.1 and 3.3)

Assessments

Assessment Type	Percentage	Classification
Reflection		Individual Coursework
Assignment	30%	Individual Coursework
Final Exam	70%	Individual Coursework
3 types	100%

Assessment Type	Learning Outcome Addressed
	1	2	3	4	5	6
Reflection
Assignment
Final Exam

The written Legal opinion assignment asks students to write a legal opinion which applies case law covered in class and tutorials to a fact situation and come to well reasoned conclusions as to what the likely outcome would be based on the decisions in the previous cases, if the matter went to Court. Although it is weighted 30% it is subject to plussage/double chance (it only counts if it is a better mark than your exam).
NB To qualify for plussage, you must submit a written legal opinion. If you do not submit a written legal opinion the exam will count for 70%.

The final exam will be a closed book exam.

Learning Resources

Use of Piazza

The course will use Piazza for class discussions this semester. You will need to actively enrol in Piazza in order to use it. When you post something on Piazza, the default is that your message or question will be anonymous to the class, but it will not be anonymous to course instructors.

Piazza is an open forum. Please be respectful of the students, lecturers, tutors and other university staff when using it. The use of Piazza is subject to the University’s policy of the Prevention of Bullying, Harassment and Discrimination Policy and Procedures (Policy). Bullying is defined in the Policy to include repeated unreasonable behaviour. We will also not tolerate students using passive-aggressive or threatening messages posted on Piazza to pressure or coerce students, lecturers or course instructors.

It is also important to signal course instructor expectations around Piazza. The use of Piazza naturally tends to spike in the lead up to assignment deadlines. You should not expect lecturers or course instructors to be responding to questions by email or on Piazza late at night or over the weekend.

Workload Expectations

This is a standard 15-point course. There will be around 36 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 150 hours.

Digital Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website at http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page: https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter (https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html).

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Capability 1:	Disciplinary Knowledge and Practice
Capability 2:	Critical Thinking
Capability 3:	Solution Seeking
Capability 4:	Communication and Engagement
Capability 5:	Independence and Integrity
Capability 6:	Social and Environmental Responsibilities

LAW 131 : Legal Method

Law

2020 Semester Two (1205) (15 POINTS)