Administrative Law - Spring 2020 Take home exam information sheet (Final) PDF

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Take Home Exam Spring 2020...

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70617 ADMINISTRATIVE LAW TAKE HOME EXAM INFORMATION SHEET SPRING 2020 The 70617 Administrative Law exam is an open-book take-home exam worth 40% of your final grade. This document explains the rules for the take-home exam (see pages 1-2) and the format of the exam itself (see page 3). Exam Duration  Students will have 12 hours to complete the exam.  The exam questions are designed to be answered in 2 hours with approximately 10 minutes reading time.  You may spend longer than 2 hours if you wish; however it is absolutely not anticipated that you will require 12 hours to complete the exam. The 12 hour take-home window is to allow for flexibility around your other commitments, including work obligations, carer responsibilities or simultaneous take-homes that you may be required to complete in this period.  To ensure sufficient time to address any technical submission issues that may arise, it is strongly recommended that you plan to submit at least 30 minutes before the 9:30pm submission deadline (see further below). Exam Release  The exam will be uploaded to Blackboard under the “Take Home Exam” tab at 9:30am on the release date stipulated in the UTS Exam Timetable.  The release date will be provided by the UTS Exams Office. Exam Submission Deadline  Your answers to the exam questions must be submitted by 9:30pm on the day the exam is released.  Again, to ensure sufficient time to address any technical submission issues that may arise, it is strongly recommended that you plan to submit at least 30 minutes before the 9:30pm submission deadline Exam Word Count  The word-limit for the exam is a strict maximum of 2000 words (with no 10% leeway).  Markers will stop reading the exam once they have read 2000 words.  The word count includes references.  The recommended length of an answer to Part A of the exam is approximately 1500 words  The recommended length of an answer to Part B of the exam is approximately 500 words.  There is no minimum word count. Submission Requirements  Students must type their answers and submit them to the Turnitin Submission Portal by the due date and time using a UTS Web Cover Sheet.  Students should submit only one document with answers to Parts A and B in a Word.doc format.  A new page should be started for each part of the exam and labelled accordingly (ie, Part A or Part B).  Students should indicate the question or sub-question being addressed where relevant using headings (eg Part B, Question A).  Font should be 12 pt Times New Roman; and 1.5 or double spacing.

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Students are not required to include the exam question document in their submission.

Students will be able to submit their answers to Turnitin multiple times before the exam is due. However, no further submissions are possible at or after 9:30 pm.

Late Submission and Failure to Submit  In accordance with UTS Law’s take-home exam policy, o late submissions will not be considered and a mark of zero (0) will be recorded; o if a student fails to submit any answers to the exam questions, a mark of zero (0) will be recorded unless otherwise approved by the subject coordinator.  If there is an emergency or misadventure on the day of the exam, students should follow SAU processes as outlined here. Work commitments are not considered an excuse or as misadventure for the purposes of late or failed submission. Computer and Internet Access  Students are responsible for ensuring they have access to a computer and an adequate internet connection to download and upload the exam. Referencing Requirements  Exam-style referencing is required. AGLC referencing and footnotes are not required.  University rules prohibiting plagiarism apply and Turnitin will be used to detect plagiarised material.  Students should ensure the name of a source (eg case, statute, article) is clearly identified and that legislative sections are noted where relevant. Beyond this, there are no further formatting requirements.  Student may embolden, italicise, or underline any references if they wish.  Note the following examples. o An aggrieved person may be a person whose interests are adversely affected (ADJR Act, s3(4)). o At common law, an applicant is required to have a ‘special interest in the subject matter of the action’ in order to establish standing (ACF v the Commonwealth). o Since ACF v Commonwealth, there has been a ‘rich body of case law’ addressing the rights of public interest groups to access standing (Bannister et al, Australian Administrative Law 2018). Open Book Materials and Student Misconduct Rules  The exam is open-book and based on the subject content and required readings.  You are not required to undertake any additional research, beyond your required readings and course content (in lectures and tutorials) to prepare for the exam.  You may refer to any paper or web-based materials (that is, you may access the internet) but you must work on the exam without any form of assistance or collaboration.  University student misconduct rules apply to all students and will be strictly enforced.  Collaboration or collusion between students is considered to be a form of student misconduct and is explicitly prohibited during the take-home period.  You may not discuss the exam with anyone; you may not call or contact other people or students for advice or input; you may not share your answers in any form during the takehome period. Any evidence of collusion will be dealt with strictly and in accordance with UTS Policy.  University rules proscribing student misconduct set out prohibitions on plagiarism, cheating, assisting others to cheat or seeking assistance from others to cheat. Information and a link to the rules may be accessed through this page.  All law students should also be aware that any misconduct during your law degree could affect your admission to practice law. The Legal Profession Uniform Admission Rules

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2015 require applicants to disclose if they have been the subject of disciplinary action, and to provide relevant official reports of such disciplinary action.

EXAM FORMAT Examinable Content  The exam will cover all course content from and including Week 6 (Delegated Legislation and Introduction to Judicial Review).  Content covered prior to Week 6 will not be examinable. Marks and Weighting  The exam is worth 40 marks and 40% of your final grade. Format Part A  Part A of the exam is worth 30 marks; the recommended length of an answer is 1500 words.  It will involve a large problem-based scenario.  The focus of the scenario will be on judicial review (ie, all course content from and including Week 6 (Delegated Legislation and Introduction to Judicial Review) onwards).  You will be given specific questions to answer with marks attached to each question.  As a problem-based question, the strongest papers will demonstrate clear understanding of the law and an ability to apply it to the facts. Part B    

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Part B of the exam is worth 10 marks; the recommended length of an answer is 500 words. Part B will require you to answer a short essay-style question. You will be given a choice of two (2) questions. You need to answer only one (1). Students will be required to demonstrate a strong understanding of themes and concepts raised in the course. While the focus of the questions will be on topics related to judicial review, students will require an understanding of core concepts raised throughout the course eg merits review, the merits/legality distinction etc. The strongest papers will craft an argument that responds to the question asked, while weaker papers will simply list a lot of information about a particular topic without making a clear argument.

General advice  Carefully read the exam information and questions.  Take note of the breakdown of marks and devote your time accordingly.  Make sure to answer all required questions.  In Part B, clearly indicate the question you are answering.  Use subheadings throughout your answers to Parts A and B to logically divide up the issues you are addressing.  Structure your answers by reference to the questions asked (ie do not merge your answers to two questions)  You will have the opportunity to practice answering large problem-based judicial review questions as the course progresses.

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