This course is intended to increase awareness of the importance of judicial reasoning, both as authority for the law and as a social artefact situated in time and place. The course aims to increase engagement with the techniques and conventions surrounding judicial reasoning, and to invite a critical engagement with the consequences implicit in adopting those conventions. The final assessment in the course will be for students to produce their own judgments, in a case of their choosing.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Compare, contrast and reflect on the difference/s between the techniques of judicial reasoning and other forms of legal and non-legal reasoning;
2. Analyse and reflect on the relevance of social context to decision-making and judgment writing;
3. Develop insight into the diverse perspectives of Aboriginal and Torres Strait Islander Peoples (and other marginalised communities) on laws and society;
4. Research, examine, interpret and communicate relevant legal principles in the form of exposition;
5. Select and apply a range of approaches to correctly apply the law to the facts;
6. Produce a judgment that demonstrates knowledge and skills in legal research and the current conventions and style of judgment-writing;
7. Develop group work skills by applying a range of strategies in providing constructive feedback in a class context.

Recommended Resources

Whether you are on campus or studying online, there are a variety of online platforms you will use to participate in your study program. These could include videos for lectures and other instruction, two-way video conferencing for interactive learning, email and other messaging tools for communication, interactive web apps for formative and collaborative activities, print and/or photo/scan for handwritten work and drawings, and home-based assessment.

ANU outlines recommended student system requirements to ensure you are able to participate fully in your learning. Other information is also available about the various Learning Platforms you may use.

Staff Feedback

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

Student Feedback

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). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Penalties for excess word length: https://law.anu.edu.au/word-length-and-excess-word-penalties

Distribution of grades policy: https://law.anu.edu.au/grading

Assessment Reviews and Appeals: https://law.anu.edu.au/assessment-review-and-appeals

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 any announcements relating to the course.

Artificial Intelligence (AI)

The ANU Academic Integrity website (https://www.anu.edu.au/students/academic-skills/academic-integrity ) provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide (https://libguides.anu.edu.au/generative-ai ) is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site (https://www.anu.edu.au/students/academic-skills ) provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law Academic Integrity and Misconduct site (https://law.anu.edu.au/academic-integrity-and-misconduct ) provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	This course is delivered on campus in Semester 2, with classes running 3.30pm-6.30pm, Mondays from 22 July - 21 October 2024 .	Students are expected to attend all classes, which are in workshop format, and discuss the ideas and insights generated by the readings in order to expand their understanding of the topic. Workshops will NOT be recorded.

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Workshop participation	15 %	*	*	1,2,3,4,5,6,7
Judgment Proposal	15 %	13/08/2024	27/08/2024	1,2,3,4,5,6,7
Draft Re-written Judgment	20 %	24/09/2024	*	1,2,3,4,5,6,7
Re-written Judgment	40 %	22/10/2024	*	1,2,3,4,5,6,7
Commentary on re-written judgment	10 %	22/10/2024	*	1,2,3,4,5,6,7

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

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 Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

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 Academic Skills 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.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

If circumstances arise which are beyond a student’s control and they are unable to attend a class, the student should contact the Course Convenor in advance (where possible), so that the convenor can adjust their expectations in relation to numbers for that class. If it is not possible to give advance notice, students should send the convenor an email as soon as possible with evidence to support the reason for failure to attend.

Assessment Task 1

Workshop participation

Details of Task: During the semester, your engagement will only be assessed in the weeks that you have selected to be a ‘workshop leader’. This role will involve ensuring that all relevant pre-reading has been completed before class, and you should be ready to engage with each other, your teachers and any visiting judges. This engagement could involve asking questions or answering questions or posing ideas for group consideration and discussion. Where relevant, it may also involve identifying key ideas in the relevant reading, explaining them, and exploring their relevance. 

A sign-up sheet will be made available via the course Wattle site will be made available on Wednesday (Week 1). Each student must sign up to 3 different weeks. Each week will be marked separately (out of 5%), and a total from the three weeks a student signs up as 'workshop leader' will be added together to arrive at 15%. Note that only weeks 2-8 and 11-12 will be available for selection. 

Nature of Task: Compulsory. 

Weighting: 15%. 

Due date: Ongoing. If you are sick or unwell in the week you are workshop leader, please do not attend and let your course convener/s know as early as possible by email. If there are spaces available later in the semester, you will be expected to sign up for a make-up week (or weeks). If you are unable to sign up for a make-up class (or classes) due to the timing in the semester and you have exceptional circumstances supported by documentation, then your final mark for this assessment task will be based on an average of the workshops that you have been able to attend. If you have not been able to attend any of your assigned weeks due to exceptional circumstances that are supported by documentation, then (you may be given an alternative written assignment).

Estimated return date: Official end-of-semester results release date.

Assessment Criteria: A detailed assessment rubric will be available in Wattle.

1.      Demonstrated understanding of the key legal content and concepts from the required reading for that week

2.     Quality of observations and interventions in the workshop discussions

3.     Formulation of relevant legal arguments and observations from the required reading for that week

4.     Critical evaluation of required reading

5.    Contribution to collaborative and supportive learning environment, including consistently demonstrating respect and willingness to encourage contributions from others and build on them

Assessment Task 2

Judgment Proposal

Details of Task: You will need to submit a one-page proposal of the judgment you intend to rewrite, and an explanation for how you will rewrite it and why it needs to be rewritten. The proposal will include the following information (a word document with the prompts will be provided in the course Wattle site): 

·       the citation of the judgment (Australian cases only) that you wish to rewrite, including specific parts/ pages of the judgment and the judge/ judges whose judgment you intend to rewrite

·       a paragraph describing the case. In particular, an outline of the key facts, legal principles, and its significance in the Australian legal context

·       a paragraph which explains the theories which you plan to draw on to rewrite the judgment. For example, feminist, post-colonial etc. 

·       a paragraph or two which argues why this case needs rewriting using the selected theoretical lens, and how you plan to ‘rewrite’ it using that lens (what aspects of the case will you keep? Which aspects will you rewrite?)

·       a list of key references including: at least 3 references that you have found that explore your theoretical lens, and at least one rewritten judgment that you have read that has undertaken a similar approach to rewriting in some way (does not need to be in the same substantive area or jurisdiction or draw upon similar theories)

You may choose to complete this task as a group. If so, each group must submit two pages (but need only submit one proposal). The first part of the proposal should be the same as above. The second part should identify all the individuals in the group (one paragraph), and the specific tasks that each individual agrees to be responsible for completing.

Note that if this task is undertaken as a group, then each student will obtain the same mark for this assessment item (proposal), as well as all linked assessment items, ie. assessment task 3 (draft) and assessment task 4 (final rewritten judgment).

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 15%

Release: Week 1 via Wattle course site.

Due date: 5pm, Tuesday 13 August 2024 via Wattle course site (week 4). Late submission (without an extension) is permitted, although late penalties will apply.

Submission requirement: One A4 page (unless group proposal is submitted).

Estimated return date: Tuesday 27 August 2024 via Wattle course site (week 5)

Assessment Criteria: A detailed assessment rubric will be available in Wattle.

1.     Provides all expected information

2.     Clearly and accurately explains ideas and approach

3.     Appropriateness of theoretical lens

4.     Provides a persuasive rationale for the rewriting strategy

Assessment Task 3

Draft Re-written Judgment

Details of Task: You will draft your rewritten judgment and submit it for feedback. 

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 20%

Due date: 5pm, Tuesday 24 September 2024 via Wattle course site (week 8). Late submission (without an extension) is permitted, although late penalties will apply.

Word limit: 2,000 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Estimated return date: There are two options for you to receive feedback on your draft rewritten judgment. You can receive your feedback:

1. In person (individually or as a group). You can select to present and discuss your draft for a maximum of 10 mins to the other students and teachers in the class. Presentations will be held during class in weeks 9 or 10. Not only will you receive feedback from your peers during this session, but you will also receive immediate oral feedback from your teachers (another 10 minutes). Participants for this option will be capped at 9 students in week 9, and 9 in week 10 (18 in total). You must sign up for this option by the end of week 8, using the sign-up sheet available on the course Wattle site. If you sign up and are unable to present on the day due to exception circumstances and have documentation, then you will receive your feedback along with those students who did not sign up (ie Friday week 10). Due to the nature of this task, there is no opportunity to present your judgment for oral feedback after week 9
2. In writing (individually or as a group).

If you choose not to present your work, then you will receive written feedback on your work by Friday Week 10. Please contact the Course Convenor if you are unable to meet this deadline.

Assessment Criteria: A detailed assessment rubric will be available in Wattle.

• Clarity of expression and appropriate stylistic choices
• Accuracy of use of theories, legal content and judicial reasoning processes
• Evidence of engagement with course with knowledge of topics (as relevant)
• Critical and persuasive evaluation of the judgment 
• Originality and creativity in approach, strategy, style
• Referencing

Assessment Task 4

Re-written Judgment

Details of Task: Implementing the feedback that you have received, and insights gained from the final weeks of the course, submit your rewritten judgment (of the same Australian case) for assessment, either individually or as a group. If it is a written judgment, then it should, as much as possible, use the appropriate formatting and styles of the relevant court. If it is an oral judgment, then it can be uploaded as a sound file (or video) but it should also adopt the styles/ delivery of the relevant court. (If you have chosen to deliver an oral judgment, then you should also submit a transcript of your oral judgment in a word document. The transcript is not intended to amount to an additional task. As such, an automatically generated transcript of your oral judgment, or the notes upon which you prepared the judgment are sufficient). 

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 40%

Word limit: 2,000 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here. Late submission (without an extension) is permitted, although late penalties will apply.

Due date: 5pm, Tuesday 22 October 2024 (week 12) via Wattle course site.

Estimated return date: Official end-of-semester results release date.

Assessment Criteria: A detailed assessment rubric will be available in Wattle.

• Clarity of expression and appropriate stylistic choices
• Accuracy of use of theories, law and judicial reasoning processes
• Evidence of engagement with course ideas, integrating knowledge of topics discussed during workshops and in the reading (as relevant)
• Critical and persuasive evaluation of the judgment 
• Originality and creativity in approach, strategy, style in rewriting the judgment
• Referencing (as appropriate)

Assessment Task 5

Commentary on re-written judgment

Details of Task: You will need to reflect on the process of rewriting judgments. We would expect you to identify the process that you used in rewriting your judgment (whether it was done individually or as a group), including what rewriting strategies that you thought worked well, and what you might do differently next time. What techniques of legal reasoning did you use? Which ones did you choose not to use? Why? How did you intend those choices to make an impact in the social and legal context? You should also explore any insights that you have learnt and how it has influenced the way that you might understand/ read cases or think about the nature of judicial reasoning in future courses. 

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 10%

Word limit: 4 mins recorded video (eg through zoom). NOTE: This is an individual task (even where you submitted a group rewritten judgement).

Due date: 5pm, Tuesday 22 October 2024 via course WATTLE site. Late submission (without an extension) is permitted, although late penalties will apply. Please be mindful that if you are in your final semester, late submissions will have an impact on your eligibility to graduate on time.

Estimated return date: Official end-of-semester results release date.

Assessment Criteria: A detailed assessment rubric will be available in Wattle.

1. ·      Clarity of expression
2. ·      Accurate understanding of techniques of judicial reasoning demonstrated
3. ·      A clear insight (or insights) into process of rewriting generated and its social impacts
4. ·      Clear connections to the law, reading and cases (including rewritten judgments) as appropriate. 

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

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. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

Hardcopy Submission

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.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• 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 tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period. 

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material. Any use of artificial intelligence must be properly referenced. Failure to properly cite use of Generative AI will be considered a breach of academic integrity.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted 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.

Resubmission of Assignments

Resubmission is not guaranteed. Please ensure that you have reviewed your submission carefully before you submit.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

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 Accessibility 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 supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students