LAW5000 T3 2020 Research Assignment Instructions PDF

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LAW5000: Australian Legal Reasoning and Methods TRIMESTER 3, 2020 Research Assignment These instructions apply to JD students and Masters and Graduate Diploma students Release date: Week 2, Trimester 3 Due date: Friday, 9 October (by 4pm) Word limit: 3750 Value: 50% Details of task: You must submit (via Moodle) an individual written assignment of up to 3,750 words, explaining and critically evaluating the decision of the High Court of Australia in Clubb v Edwards; Preston v Avery (2019) 366 ALR 1; [2019] HCA 11. Please Note: The assignment does NOT ask you to provide a personal opinion on the subject matter – you are simply asked to provide a case note and to analyse and discuss the significance and consequences of that case. Part 1: 20 marks (approx. 1,300 words) Write a case note (not a ‘headnote’) about the case, explaining the legal reasoning employed by the judges in this case, and the outcome of the decision. You should briefly explain the material facts, parties, and the legal issues raised and considered, but the justices’ reasoning is the focus. Your case note must outline the opinion of the majority ONLY (if you wish, you MAY contrast this opinion with that of Gageler J). This must be your own understanding of the case in your own words. This case may have been the subject of some analysis and commentary, but this part of the exercise is intended to require you to read and analyse the decision yourself. Do not rely on law blogs. You must demonstrate that you have read and understood the reasoning in this case. Citations are only expected for the case note if you are referring to specific parts of the decision. Part 2: 30 marks (approx. 2,450 words) Write an analytical essay (in the style of a short article as you might see in a law journal) explaining the legal significance and wider consequences of this case. You may choose to focus on one theme or topic arising out of the case, but you must relate that to the legal impact of the case itself. In this part of the exercise, you should refer to any developments in the relevant case law and evaluate the significance of any changes in the law. You may refer to (or cite) your earlier case note and you should draw upon relevant secondary material. Include your bibliography at the end of Part 2.

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Word limit: 3,750 words in total. Students MUST NOT exceed the word limit (it can be up to 10% shorter than the 3,750 limit). The word limit will be strictly enforced. There is no leeway. Include your total word count at the end of Part 2. Citations and references: 1) The word count excludes footnotes and Bibliography and must be included in part 3 2) The standard penalty for exceeding the word limit in an assignment or take-home examination is 1 mark per 100 words (or part thereof) in excess of the word limit. 3) The footnotes should usually contain citation references only. Analysis included in footnotes will be ‘counted’ as words for the word limit. 4) Your bibliography should be included at the end of Part 2. You should keep notes in relation to your research. You must reference consistently with the Australian Guide to Legal Citation (4th edition) and the regime outlined in the library guide to citing legal references at http://www.lib.monash.edu.au/tutorials/citing/lawcit.html. Please note that you must use pinpoint references (i.e., ones which refer to a specific page or paragraph number) when quoting from or referring to specific material in case, journal, book etc.

Assignments must include a cover sheet. The coversheet is accessible via the Monash portal page located at http://my.monash.edu.au under the heading ‘Learning and teaching tools.’ Please keep a copy of tasks completed for your records. Online Submission: Please submit your work via the Moodle site for this unit. Assessments must be submitted electronically using Moodle. Do not submit files attached to emails. Log into https://my.monash.edu.au/ and select Moodle from the left menu. Select the unit for which you wish to submit work. • •

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Unless you have made prior arrangements with your lecturer, only the following file formats will be accepted: Word .docs. Please note that PDFs will NOT be accepted. It is essential you adhere to the following format for the naming of the file you wish to submit: o it must contain your Authcate name; and o there must be no space in the filename. Comments and grading of your assessment will be communicated to you via Moodle. Please keep a copy of tasks completed for your records

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Marking Guidance: Part 1

Part 2

Finally, please make sure that you give yourself enough time to submit your assignment on Moodle by the 4pm deadline. Take into account that it may take some time to upload the document. Best of luck! Dr. Steve Kourabas, Chief Examiner ALRM T3, 2020

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