Use of Sources
Students are permitted to consult and make use of any sources of information available to them during the examination, including internet sources, provided the sources used are appropriately attributed and referenced.
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70103 Ethics Law and Justice Spring 2020: Main Examination
Quotations from any sources, including internet sources, must appear in quotation marks and, in the case of extended quotation, must be indented. The failure on the part of students appropriately to attribute and reference any of the sources used by them, or to use quotation marks when quoting, will be deemed to be plagiarism (which is dealt with under the heading‘Collusion and student misconduct’ below).
Quotations from internet or other sources are, and must be, included in the word count of any answer in which they appear.
Students will not receive much, if anything, by way of credit for cutting and pasting into their answers passages from internet sources, or for quoting extensively from other sources, even if appropriate use of quotation marks and referencing has been made. Students are advisedthat use of their own words is almost always preferable to extended quotation since students’use of their own words allows markers more easily to assess the extent of their knowledge and to give credit where relevant knowledge is displayed.
Word limit
The word limit for each question is 400 words including references. Markers will stop reading the answer to a question once it reaches 400 words. Students should not include a bibliography for any question.
Students must record the word length of each question on the paper. Students must record the total word length for all of their answers (which should not exceed 2,000 words) on the Cover Sheet (see below).
There is NOT a 10% (or any other) leeway on the maximum word count of each question.
Exam release and submission
The examination will be uploaded under the UTSOnline in a folder titled FINAL EXAM–70103–S2020 at 9:30am on 31 October, 2020.
Students must submit their answers through the correct assessment portal on Turnitin before 3:30pm on 31 October, 2020.
Students must complete and submit a UTS Law Assignment Cover Sheet to accompany the submission of their answers. The answers and Cover Sheet must be submitted as one file.
Students should prepare their Cover Sheet in advance and then accurately complete the total word limit section prior to submitting the exam.
Students are advised to submit their exam answers at least 30 MINUTES BEFORE the deadline to avoid any technical issues.
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70103 Ethics Law and Justice Spring 2020: Main Examination
Students MUST submit their answers via Turnitin. Submission of answers via email, whether to the subject co-ordinator, their seminar leader or any other person is prohibited and will not count as valid submission.
MULTIPLE SUBMISSIONS ON TURNITIN WITHIN THE 6 HOUR TIMEFRAME ARENOTPERMITTED.
Prior to submitting their answers as a Word document, studentsshould check that the document displayed on the screen is the correct document and that it is the correct version of the document they wish to submit.
Students are advised that UTSOnline may not be compatible with the Internet Explorer and Safari browsers and that the Chrome browser may not always be effective in opening Turnitin. It is recommended that students download the Mozilla Firefox browser as a backup.
Proof of submission
When students have successfully submitted the Word document containing their answers in Turnitin, they will be provided with a receipt. Students are able to access the receipt by clicking on their submission in Turnitin and downloading a copy. The receipt will also be emailed tostudents’ UTS email addresses.
Students are required, and it is their sole responsibility, to check that they have successfully submitted their answers and to download their digital receipt after submission. Only this receipt will be accepted as proof of submission.
Late submission and misadventure
In accordance with the UTS take-home exam policy, exam answers submitted after 3:30pm on 31 October, 2020 will not be considered. Students who submit their answers after this time will receive a mark of zero.
If there is an emergency or misadventure on the day of the exam, ordinary UTS processes apply. Work is not considered an excuse or misadventure for the purposes of exam completion. Normal UTS processes and policies apply for special consideration. For further information,
see:
https://www.uts.edu.au/current-students/managing-your-course/classes-and- assessment/exams https://www.uts.edu.au/current-students/managing-your-course/classes-and- assessment/special-circumstances/special-consideration.
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70103 Ethics Law and Justice Spring 2020: Main Examination
Computer, software and internet access
Students are responsible for ensuring they have access to a computer, appropriate software, and an adequate internet connection to download and upload the exam. Students should ensure that any issues in relation to technology have been resolved well in advance of the exam release date. Also note that Office 365 is available to all UTS students:https://www.uts.edu.au/current- students/managing-your-course/using-uts-systems/software-available-students/office-365.
Students should organise a quiet space without distractions in which to complete the exam.
References to cases and legislation
Answers to the exam should use in-text referencing. References should not be in footnotes and do not have to comply with the AGLC4. Instead, references should be cited in the body of the text. Any reference to cases should be cited with the case name and date, and brackets may be used (e.g. Ryan (1967)).
References to legislation should be made clear and can then be abbreviated (e.g. LawEnforcement (Powers and Responsibilities) Act 2002 (NSW)) (‘LEPRA’).
Prohibition on use of discussion boards once exam released
Once the exam has been released, students must not post any requests for clarification on the Discussion Boards on UTSOnline. Any requests for clarification should be directed by email to Associate Professor Bronwyn Olliffe,[email protected] where clarification is required it will be broadcast by email to all students in the exam group.
Collusion and student misconduct
In attempting this examination, students are affirming that the work they submit is a result of their own unaided efforts and that they have not discussed the questions, answers, or possible answers with anyone else during the examination period, including other students. All sources cited or relied upon should be clearly acknowledged.
University rules proscribing student misconduct, including prohibitions on plagiarism, collusion, cheating, assisting others to cheat or seeking assistance from others to cheat, apply:
https://www.uts.edu.au/current-students/support/when-things-go- wrong/studehttps://www.uts.edu.au/current-students/support/when-things-go-wrong/student- misconduct
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70103 Ethics Law and Justice Spring 2020: Main Examination
https://www.uts.edu.au/research-and-teaching/learning-and-teaching/assessment/preventing- plagiarism/what-plagiarism
Students who are found to have participated in any form of cooperation or collusion or any activity which could amount to student misconduct in the answering of this examination will have their marks withdrawn and disciplinary action will be initiated.
Students should also be aware that a finding of student misconduct could jeopardise their future prospects of being admitted as a legal practitioner.
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70103 Ethics Law and Justice Spring 2020: Main Examination
QUESTIONS
Question 1
Pursuant to Rule 520.16 of the Rules of the Court of Appeals, applicants who successfully pass the bar examination in New York State must demonstrate that they have performed 50 hours of qualifying pro bono service before applying for admission to practice. One of the stated desired outcomes of this requirement is that after admission lawyers will continue to carry out work on a pro bono basis.
Discuss whether there should be a mandatory requirement of a specified number of hours per year of pro bono work for all admitted lawyers with a practising certificate. Critically examine and evaluate the advantages and disadvantages of such a scheme.
Question 2
Raiyan Gafori is an experienced criminal defence lawyer. A new client, Jack Jet, instructs Raiyan to act for him in a charge for aggravated assault. Jack instructs Raiyan to plead not guilty. After taking the instructions and making a few enquiries, Raiyan forms the impression that Jack is guilty. In these circumstances, is Raiyan either permitted or required to continue to act for Roger with a view to securing an acquittal?
Argue in support of your view, including in your discussion an explanation and analysis of the relevant rules and ethical issues.
Question 3
Jon Snow is a final year law student who plans to apply for admission to practice. Several matters have been causing Jon some sleepless nights as he thinks about applying for admission. When Jon was 18 (six years ago) he pleaded guilty to a theft charge, having stolen two bottles of vodka from the local liquor shop. He was placed on a good behaviour bond. Since that time, Jon has not had any contact with the Police except in relation to two speeding fines (on both occasions Jon was exceeding the speed limit by 15 kilometres per hour) and two occasions of using his mobile phone while driving during the past two years.
Jon is seeking your advice as to whether these matters will affect his application for admission to practice. Advise Jon, setting out the requirements which must be met to qualify for admission to practice.
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70103 Ethics Law and Justice Spring 2020: Main Examination
Question 4
Ruth Bader Ginsberg, a Justice of the US Supreme Court, died at the age of 87, on 18September 2020. It has been reported that in the few days before her death she stated, ‘Mymost fervent wish is that I will not be replaced until a new president is installed.’ The USConstitution does not set out the qualifications required of a Supreme Court Justice.
How are judges appointed in Australia and how are they removed?
What qualifications and experience must they have prior to their appointment?
Critically analyse whether the Australian system is a fair system or, if not, how could the selection of judges be improved?
Question 5
Is it permissible for two partners of the same law firm who work in cities located in different states to act at the same time on behalf of opposing clients in a particular dispute, or are the partners precluded from doing so by their duty to avoid conflicts of interest? Argue in support of your view.
Question 6
Felix McMahon is a sole practitioner in a small practice in Sydney. He was admitted to practice in 1985 and established his own firm in 1990. In 2001, a long-standing client, George Dixondied. Shortly after George’s death, George’s wife, Mildred, gave Felix the membership card tothe Sydney Cricket Club (SCC) which belonged to George. Mildred informed Felix that George had expressed his wish that Felix should have the membership card as long as he continued to pay the annual membership fees.
Felix paid the membership fees each year and attended various events on George’s membership card. In 2010 the SCC introduced a new procedure for membership cards which required the member to supply a certified photograph to the SCC. A friend of Felix (not a lawyer) certified that the photo of Felix was a photo of George. Felix used the newly issued photo-identified membership card to attend SCC events until 2016 when the SCC put an embargo on the card after being alerted to the possibility that the membership card was being used by someone otherthan George. Felix was ‘caught’ at the gatewhen trying to attend an SCC event.
The Manager of the SCC complained to the Office of the Legal Services Commissioner that the solicitor had assumed the identity of a deceased member of the club and thereby took on benefits to which he was not entitled. The rules of the SCC provided that membership of the
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70103 Ethics Law and Justice Spring 2020: Main Examination
SCC cease on the death of a member. Felix maintains that he was unaware of this rule and believed that George was able to gift his membership.
You are a member of the Civil and Administrative Tribunal New South Wales. The Legal Services Commissioner has commenced disciplinary proceedings against Felix McMahon and the matter is before you. Set out your finding on whether Felix is guilty of professional misconduct or unsatisfactory professional conduct and explain the standard by which these concepts are measured. Give reasons for your decision and also set out the penalty you would determine (if any) and reasons.
Question 7
Timothy Leary is an employed solicitor in a medium-sized city firm in Sydney. He has been practising for four years mainly in the area of personal injury litigation.
Discuss, citing authority where relevant, any issues of professional conduct arising from the following facts:
In one of Timothy's personal injury matters he is served with a Notice of Motion and Affidavit seeking a stay of proceedings. Timothy drafts an Affidavit in Reply on behalf of his client and sends the Affidavit to his client with a letter asking her to sign where he has pencilled 'x' on the Affidavit and requests her to urgently return the signed document. The client signs the Affidavit and returns it to Timothy. Timothy then witnesses the signature and inserts the date of swearing. Timothy then peruses the Affidavit and realises that he has inserted the wrong doctor's name in paragraph 6 of the Affidavit. The matter is urgent and the name of the doctor is not a contentious issue. Timothy does not wish to put the client to the added expense of having to come into the office to amend the Affidavit. He crosses out the incorrect name and inserts the correct name in black ink and places the client's initials in the margin next to the amendment.
In a separate matter, on the instructions of his client, Timothy sent a letter of demand to Pascal Simons. One section of the letter reads:
Our client requires the sum of $2,200.00 to be paid within 14 days. If this sum is not paid within 14 days, then you should provide us with reasons as to why our client should not report this matter to the police with a view to you being charged with assault.