Assessment 2.1: Case Analysis
Assessment 2.1:Introduction toCase Analysiswill test yourunderstanding of case lawand legal reasoning, with a particular focus on your case reading skills,case analysisskills,and legal research skills.
Objectives
The following learning objectives are being assessed:
CO1.Apply knowledge and understanding of the reception and development of the Australian common law system, and the impact of comparative and international law upon our law.
CO2.Express knowledge and understanding of the constitutional basis of the Federal/State judicial systems, and of the importance of the rule of law, particularly in respect of judicial independence and accountability; and the role of the lawyer within this system.
CO3.Interpret case law analysis and legal reasoning, with a consideration of the legal,moraland ethical dimensions of judicial decision making.
CO4.Discuss case, statute and public international law research, and research into secondary sources of the law,in order tocriticallyanalysethe law for the purpose of legal problem-solving.
CO5.Explain the requirements and practice of correct legal citation
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1000 words excluding footnotes and references. You must use AGLC referencing. |
You will complete abasiccase analysis ofIn the Matter of an Application by Andrew Hewitt Giles. This will provide an opportunity for you todemonstrateyour capacity to:
Identify the relevant case andanalysethe factual background, the legal issues, material facts, theratioand legal reasoning adopted by the judge(s).
Be clear,comprehensiveand consistent with legal referencing, and ensure compliance with the Australian Guide to Legal Citation (AGLC) in respect of case citations and other matters including headings, quotes and footnoting conventions.
TheCase Analysisis a formal piece of prose writing and compliance with AGLC legal referencing and citation is an important aspect of the assessment. When you cite an Act or case or article – and every time you describe a statement of law or fact or opinion that comes from an Act or case or article - you must follow the conventions for acknowledging these sources as outlined in the AGLC. This includes providing specific paragraph references when referring to legal reasoningwithin the case.
Instructions
To complete this assessment students are required to:
- Locate the 2014Northern TerritorySupreme Court decision,In the matter of an application by Andrew Hewitt Gile
s[2014]NTSC30.
- Answer the questionsasset outin theCase Analysis TemplateTable(available below).(Please note, this template is based on the ‘Anatomy of a Case Table’availableinthe materials forweek 5(although it has been modified).Carefully reviewing this material from week 5 will assist you in preparing your answer.)
- Apply proper referencing and AGLC compliant citations. Many students lose marks for this. Please allow plenty of time to carefully review your approach to referencing.
- Proofreadyour work (i.e. read it out aloud). Many students lose marks for unclear writing or poor sentence structure etc. Seek assistance fromAcademic Success Literacy Activity (ASLA) if you are not sure about the quality of your writing.