- Class Number 7880
- Term Code 3060
- Class Info
- Unit Value 6 units
- Mode of Delivery Online or In Person
- EmPr Stephen Bottomley
- Vivien Holmes
- Class Dates
- Class Start Date 27/07/2020
- Class End Date 30/10/2020
- Census Date 31/08/2020
- Last Date to Enrol 03/08/2020
This course ('LJE-JD') builds on the learning outcomes of LAWS6101 Foundations of Law in two significant ways. First, within the framework of the Australian legal system studied in LAWS6101, LJE examines the role, operation and effect of law in society, focussing on the part that lawyers play as the principal representatives and interpreters of the legal system, and on perceptions of justice in and through law. Secondly, building on the skills component of LAWS6101, LJE-JD teaches further skills necessary for effective legal study: critical analysis, essay writing and well-reasoned argument.
Upon successful completion, students will have the knowledge and skills to:
- Explain the history, role and operating structures of lawyers in Australia
- Identify, and analyse and evaluate, competing views on issues of values, morality and ethics that arise in the work of lawyers
- Distinguish different ethical roles that lawyers can adopt
- Identify ethical issues in actual legal practice situations and propose a reasoned resolution of the issue
- Explain different conceptions of justice and the meaning of ‘access to justice’, and
- Illustrate barriers to justice and engage in rational argument to identify solutions to those barriers.
- Conduct and apply legal research in support of an argument
- Analyse and evaluate competing propositions and perspectives
- Apply ethical rules to circumstances; and
- Reflect critically on the roles and ethics of lawyers in society.
There is no textbook for this course.
Weekly readings will be available/linked from the course Wattle site.
Students will be given feedback in the following forms in this course:
- written comments
- verbal comments
- feedback to whole class, groups, individuals, focus group etc
ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.
Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties
Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations
Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration
Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties
Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the interim scaling guideline applies to all courses in the LLB (Hons) and JD programs. Please see: https://law.anu.edu.au/current-students/policies-procedures/grading
Further Information about the Course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for details on weekly classes and any announcements relating to the course.
|Week/Session||Summary of Activities||Assessment|
|1||Introduction to LJE The legal profession. What is a legal profession? Professional Values||sign up for seminar group presentation|
|2||Lawyers and their role Admission to practice. Who becomes a lawyer and how does this impact on the administration of law?|
|3||Culture(s) of the legal profession effect of culture behavioural legal ethics Asserting values/ethics in difficult circumstances|
|4||Reforming Culture: the challenge of sexual harrassment and bullying in the legal profession.|
|5||Lawyers' Professional Responsibility and Ethics Regulation of the profession Retainers Fundamental duties to the court and clients Four possible approaches to ethical lawyering|
|6||Professional Responsibility and Ethics Examining confidentiality and legal privilege: their relationship to each other and the retainer; breaches and waivers.|
|7||Professional Responsibility and Ethics Conflicts of interest Introduction to Legal Practice trust accounting.|
|8||Professional Discipline Disciplinary proceedings. Differences between: professional misconduct and unsatisfactory professional conduct; complaints and professional negligence.||quiz opens 4 pm Friday 2 October 2020|
|9||Justice what is justice? the role of lawyers|
|10||Access to Justice Legal need in Australia. The role of lawyers in access to justice.||Quiz closes 6 pm Friday 16 October 2020|
|11||Indigenous Law and Justice Intro to Indigenous perspectives on law and justice. The intersections between Indigenous and non-Indigenous perspectives on law and justice. the role of lawyers|
|12||Environmental Justice: Lawyers in the Anthropocence; what is the role of lawyers in the Anthropocene?||Essay due noon, Monday 26 October 2020|
Please see Wattle site for details
|Assessment task||Value||Due Date||Return of assessment||Learning Outcomes|
|Seminar Attendance online||0 %||*||*||1,2,34,5,6,7,8,9,10|
|Seminar Presentation||20 %||*||*||1,2,34,5,6,7,8,9,10|
* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details
ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:
- Student Assessment (Coursework) Policy and Procedure
- Special Assessment Consideration Policy and General Information
- Student Surveys and Evaluations
- Deferred Examinations
- Student Complaint Resolution Policy and Procedure
The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.
Moderation of Assessment
Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.
Seminar attendance is compulsory and seminar arrangements and times will be advised on Wattle.
'Lecture' material will be available online each Monday of the course. You are expected to listen to/read this material before your 2 hour seminar. You will need to spend 6-7 hours a week engaging with the reading/resources and preparing for class/assessments. This means that you should spend about 10 hours a week, each week, on the course. Students are expected to prepare for seminars and to engage critically in the discussion that takes place there. It is, in part, by means of such engagement that you will be able to evaluate and enhance the quality of your learning of the course content and skills.
Assessment Task 1
Learning Outcomes: 1,2,34,5,6,7,8,9,10
Seminar Attendance online
Nature of Task: Compulsory. Failure to attend 10 of 12 seminars will result in a 5 mark penalty for the course.
Weighting: 0%. Failure to attend 10 of 12 seminars will result in a 5 mark penalty for the course.
Due date: N/A
Estimated return date: N/A
Assessment Criteria: N/A
Assessment Task 2
Learning Outcomes: 1,2,34,5,6,7,8,9,10
Nature of Task: Compulsory and non-redeemable. Each student must complete one presentation in the weeks 3- 6 of the semester in accordance with the roster established in the first week of semester. A non-attempt will result in a grade of zero for this assessment. You must complete one presentation, but it is not necessary to pass the task to pass the course.
Due date: You will work with approx 3 other students to prepare and deliver one presentation during weeks 4-12 of the course. Your presentation will be recorded (required by ANU policy).
Estimated return date: Within 3 days of your group’s presentation
Assessment Criteria: Available on the Course Wattle Site.
- understanding and discussion of relevant issues;
- creativity and originality of approach;
- effective communication and delivery;
- promotion of audience discussion;
- ability to work as group to make cohesive presentation.
Students will be assessed individually and will be given feedback and a mark via email from tutors.
Assessment Task 3
Learning Outcomes: 9
Nature of Task: Compulsory and non-redeemable. A non-attempt will result in a grade of zero for this assessment. You must attempt the quiz, but it is not necessary to pass the task to pass the course.
Release: Online release. The quiz will be available from 4pm Friday 2 October until 6pm Friday 16 October.
Due date: The quiz must be completed and submitted by 6 pm Friday 16 October.
Estimated return date: A grade will be available immediately. Detailed quiz feedback will be provided once the quiz closes.
Assessment Criteria: The quiz will test your understanding of the regulation of the legal profession in Australia, the ACT Solicitors Conduct Rules and principles of Trust Accounting.
Assessment Task 4
Learning Outcomes: 1,2,34,5,6,7,8,10
Nature of Task: Compulsory and non-redeemable. A non-attempt will result in a grade of zero for this assessment. You must submit an essay, but it is not necessary to pass the task to pass the course.
Word limit: 3,000 words
Release: The essay topics and task will be released on the Wattle course site on Monday 30 July 2020
Due date: midday Monday 26 October, 2020 online via Turnitin
Estimated return date: 3 December 2020, with release of final class results
Assessment Criteria: Available on the Course Wattle site. Will be assessed on quality of :
Research of scholarly secondary sources;
argument and response to the question;
critical evaluation of sources;
structure and logical development of argument;
referencing and compliance with AGLC;
effective use of words and word limit to address key issues;
expression and written communication including use of legal terminology, spelling etc.
Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.
You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.
For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.
Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:
- Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.
Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.
Extensions and Penalties
Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.
Distribution of grades policy
Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.
Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.
Support for students
The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).
- ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
- ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
- ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
- ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
- ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
- ANUSA supports and represents undergraduate and ANU College students
- PARSA supports and represents postgraduate and research students
EmPr Stephen Bottomley
Legal profession; legal ethics; ethical culture; lawyers in the Anthropocence