Its an Exam on 17th Aug from 6:30 PM AEST -9:30 PM AEST

Its an Exam on 17th Aug from 6:30 PM AEST -9:30 PM AEST

Overview

The following provides an overview of Assessment 3.

Overview

Task type Method Individual weighting Exam date and time Length/time

Exam Individual 50% Week 7, 17/08/22,Wednesday 18:30 - 21:30 AEST No more than 1800 words

Note:Deferred exam will be conducted on Week 7, 20/08/22, Saturday 9:00 - 12:00 AEST if you miss the actual exam. You will need to check-in with your unit convenor if you are unable to attend the exam.

Outcomes

Unit learning outcomes alignment Graduate learning outcomes alignment

ULO 3: Understand and apply distinctive methods of constitutional interpretation to solve problems regarding constitutional validity of Commonwealth, State or Territory laws, and exercise of executive and judicial power. 3.1: Reflect on their own practice, updating and adapting their knowledge and skills for continual professional and academic development.

1.1: Employ up-to-date and relevant knowledge and skills.

Instructions

Students will be given a fictional problem scenario to which they must respond in a legal memorandum format with an analysis of the constitutional issues, how they are likely to be resolved, and the implications for a fictional client. This is an open book exam, which includes access to the internet.

Length

Please ensure that all text submitted is concisely written and relevant to the issues you have identified. Excessive length and inclusion of off-topic material will be penalised. There is no word count, but around 1000-1800 words would be the normal range. Cutting and pasting from your own notes is not prohibited, but should be used conservatively and with caution as it can easily lead you to include material that is not sufficiently concise or relevant.

Citation

It is not expected that students will use formal style and referencing/citation systems or provide a bibliography, so you are welcome, for example, to identify cases to which reference has been made in lectures by providing part of the case name and no citation of location, such as simply Engineers Case. However, with respect to sources not dealt with in the lectures, or not referenced in the case index of the prescribed text, you must provide sufficient information for the examiner to find the source.

Technical issues

If you encounter technical issues during this exam, please take the following actions as soon as possible:

send an email to the Unit Convenor containing:

your exam answer (Word doc), if you have attempted to submit via Canvas and the submission has failed (this email will effectively timestamp your attempt to submit).

a screenshot or other supporting documentation to prove that there has been a technical issue

if the technical issue continues, contact the IT Service Desk by either

sending an email toservicedesk@canberra.edu.auor phoning 02 6201 5500

General tips for Law exams

Stating and applying the law can be a simultaneous process for each issue. Nevertheless, when stating the law:

formulate rules and principles concisely

do not summarise the whole area of law: stick to the relevant rules and principles

quote key (short) passages as needed

use primary (cases, legislation) rather than secondary sources

some analysis here may be appropriate, for example on the limits of the legal rule and exceptions to it in case law.

When applying the law:

refer only to the material facts as you go

trace your reasoning/interpretive process explaining why you applied the rule in the way you did, and rejected alternative applications, including plausible interpretations of words and phrases from the law and the facts

apply rules of precedent:

eg reasoning by analogy, identify similar facts in cases and align them with the facts in your case; or

distinguish your fact scenario and argue why the law should be applied differently; or

argue that previous cases only stated the rule in obiter dicta (ie it wasn't necessary for 4 judges to achieve the result) and therefore justify departing from the rule; or

argue that the original case was decided incorrectly (easier if there is a dissenting opinion that you can cite (though acknowledge that it was a dissent)).

explain the outcome or implications of the application of law.