LAW 701 : The Legal System: Sources, Structure and Method

Law

2022 Semester Two (1225) (30 POINTS)

Course Prescription

Examination of the core substantive components of the New Zealand legal system, in comparison with other municipal legal systems and international law. Analysis of the sources of New Zealand law, including statute, case law and custom, and the influence of international law. Legal methodology in theory and practice, including: judicial reasoning and the doctrine of precedent, techniques of statutory interpretation, and the resolution of disputes. Different modes of legal analysis and approaches to legal theory.

Course Overview

This course comprises eight modules, some of which will be delivered online. 
1. Law and legal systems.
2. Sources and classifications of law.
3. Aotearoa New Zealand's constitution, branches of government and separation of powers.
4. Tikanga as the foundation of Aotearoa New Zealand law; Te Tiriti o Waitangi and New Zealand’s legal history.
5. How law (legislation) is made?
6. How law (legislation) is interpreted?
7. Courts and case law.
8. Some different modes of legal analysis.

Course Requirements

No pre-requisites or restrictions

Capabilities Developed in this Course

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
Graduate Profile: Master of Legal Studies

Learning Outcomes

By the end of this course, students will be able to:
  1. Identify and describe the nature of law, the main theories of law as well as the characteristics of a common law legal system and the sources and classification of law in an Aotearoa New Zealand context. (Capability 1.1, 2.2, 4.1 and 6.2)
  2. Recognise and articulate the distinctive features of Aotearoa New Zealand’s constitutional system, including the place of tikanga Maori and Te Tiriti o Waitangi as the foundation of law in Aotearoa New Zealand. (Capability 1.1, 2.2, 3.1, 4.1, 6.1 and 6.2)
  3. Identify and be able to explain how legislation is made and demonstrate how legislation is interpreted in different fact situations. (Capability 1.1, 2.1, 3.1, 3.2 and 4.1)
  4. Identify, analyse and evaluate legal rules derived from the common law and apply these to fact situations. (Capability 1.1, 2.1, 2.2, 3.2 and 4.1)
  5. Demonstrate an awareness of, and appraise, principled explanations for the operation of the law in particular contexts. (Capability 1.1, 2.1, 4.1, 6.2 and 6.3)
  6. Conduct legal research to solve problems and make reasoned recommendations. (Capability 1.1, 1.2, 2.1, 2.2, 3.1, 3.2, 4.1 and 5.1)

Assessments

Assessment Type Percentage Classification
Online Quiz 15% Individual Coursework
Research Assignment 85% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6
Online Quiz
Research Assignment

Workload Expectations

This is a 3o point course. The guideline for the total workload for this course is 300 hours.

Delivery Mode

Campus Experience

The first part of the course is delivered online and will involve self-directed learning. The second part of the course comprises a total of 19 hours of face-to-face seminars, which are scheduled for the first 5 weeks of the Semester. Attendance is expected at these seminars.

Learning 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.

The following text is strongly recommended:
  • S Penk and M Russell New Zealand Law: Foundations and Method (2nd ed, Thomson Reuters, Wellington, 2018).

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.

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.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

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 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.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

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 students may be asked to submit 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. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Published on 12/11/2021 09:19 a.m.