LAW5SIN
COVER SHEET
LAW5SIN
Statutory Interpretation 2024 Semester 2
PRACTICE PROBLEM
Student number:
Word count:
PRACTICE PROBLEM QUESTION (25%)[PROBLEM SOLVING TEMPLATE]
[Before submitting, omit all explanatory material in square brackets.]
[This template assumes the question does not raise an issue about the commencement of the legislation in question or the relevant jurisdiction. If a problem were to raise such a preliminary issue, it would be discussed immediately before Discussion under a heading Preliminary Issues.]
1. Question presented [optional]
[While this section is necessary in legal professional practice in a legal opinion, it may presently be omitted if the Question Paper states the question clearly.]
2. Answer in brief
[The answer to the question posed in the Question Paper. This section must be answered. Ordinarily, you must give the legal meaning of the unit of inquiry as well as the answer on the facts.]
3. Discussion
3.1 Material facts
[In legal professional practice this section will often be included in a legal opinion. But, in view of the facts given in the Question Paper and any applicable time or word limit, omit the section if it is not necessary to resolve factual issues.]
3.2 Unit of inquiry [words whose meaning is in doubt]
[State the unit of inquiry here, including the relevant provision, Act and jurisdiction. If the unit of inquiry is part of a legislative provision, set out the relevant word or words in question.]
3.3 Opposing constructions of unit of inquiry and applications to facts
[The object is to consider all constructions that might be considered by a court see section 3.6. Normally, the opposing constructions that are considered by a lawyer asked to give a legal opinion are two constructions, one of which favours the client and another which favours the other party. They are accordingly the constructions put by, or which could be put by, each party. However, uncommonly, it may be appropriate to consider a third construction one that is not in favour of either party. In that case, that construction could be (but need not be) the construction that is ultimately preferred.]
(a) [Name of party: the party whose construction is not preferred at section 3.6]
(i) Construction for
(ii) Application to facts
[The likely result of applying the above construction to the facts.]
(b) [Name of opposing party: the party whose construction is preferred at section 3.6]
(i) Construction for
(ii) Application to facts
[The likely result of applying the above construction to the facts.]
3.4 Arguments for construction of [name of party] [Arguments for the construction that is not preferred at section 3.6.]
[For each Glazebrook domain below set out the relevant arguments. But, before stating an argument based on an interpretative factor, state any general interpretative criterion that the interpretative factor is derived from and the case or legislative authority. Then, after saying Here, present the argument based on the interpretative factor. Begin a new paragraph for each new argument.]
Text/Unit of inquiry
Remainder of Act
Legislative history
Wider context
3.5 Arguments for construction of [name of party] [Arguments for the construction that is preferred at section 3.6]
[As for 3.4: for each Glazebrook domain below state the relevant arguments. But, before stating an argument based on an interpretative factor, state any general interpretative criterion that the interpretative factor is derived from and the case or legislative authority. Then, after saying Here, present the argument based on the interpretative factor. Begin a new paragraph for each new argument.]
Text/Unit of Inquiry
Remainder of Act
Legislative history
Wider context
3.6 Preferred construction and brief reasons
(a) Preferred construction
[The preferred construction is the construction that, in the writers opinion, would be preferred by a court, assuming the matter came to the court for resolution.]
(b) Reasons
[Brief reasons why one of the constructions is preferable to the other]
4. Application of the law as interpreted to the facts
[This section normally requires completing if you are asked for a persons legal position, as distinct from a situation where you are asked only a question of interpretation. If so, give the application to the facts and brief reasons for the application. But omit this section if what you have to say is in the Answer in Brief.]
PRACTICE PROBLEM AND END-OF-SEMESTER ASSIGNMENT PROBLEM - ASSESSMENT CRITERIA
(1) Interpretation of legislation is well-handledThe interpretative issue in the problem (in particular), and applying the law as interpreted to the facts, are as far as possible well-handled, in that the student:
if required, identifies the unit or units of inquiry which the problem raises
conducts any necessary analysis of the legislation
clearly and precisely formulates the rival contentions of meaning (alternative constructions) of the unit(s) of inquiry, and specifies the party whom a construction favoursfor each alternative construction, identifies as widely as possible the indications of meaning that point to that construction (the interpretative factors)
considers the weight of each set of interpretative arguments and, to the extent possible, the strengths and weaknesses of each argument
reaches a conclusion as to what is most likely to be the legal meaning of the unit(s) of inquiry, and, as clearly and precisely as possible, states that meaning
gives cogent reasons in support of that conclusion
pays close attention to the law and the facts, and exercises good judgment in applying the law as interpreted to the facts
states with as much clarity as possible what the legal position of the client is on the facts (where required)
in performing the above tasks, gives due recognition to any uncertainty in relation to the facts, the law, or the application of the law to the facts.
(2) Writing of a legal opinion on statutory in a form that approximates the standard expected of a newly qualified lawyer
The answer:
demonstrates clear thinking
uses paragraphs appropriately
is well structured and follows the Problem Solving Template attached to the Question Paper for a problem raising general issues (Weeks 1-8)
uses good syntax
is concisely expressed
is correct in relation to spelling, punctuation and grammar
is well presented.
The answer is appropriately referenced, in that the student:
cites authority for all legal propositions requiring authority
includes precise and complete references, including references to legislation
indicates properly (by way of indenting or with quotation marks), all material that is in actuality directly quoted
employs a style that follows the style required by the Question Paper.
Practice Problem and End-of-Semester Assignment Problem Marking guide
Assessment Criterion and
Example Grade and Achievement Level
A GRADE B GRADE
C GRADE
D GRADE
N GRADE
Criterion 1: Interpretation of legislation, and applying the law as interpreted to the facts The interpretative issue and the application of the law as interpreted to the facts are consistently handled well. The interpretative issue and application of the law as interpreted to the facts are mostly handled well, with minor lapses The interpretative issue and the application of the law as interpreted to the facts are handled moderately well The interpretative issue and the application of the law as interpreted to the facts are handled at a marginally satisfactory level due to frequency or extent of lapses The interpretative issue and the application of the law as interpreted to the facts are not handled satisfactorily at all or on the whole.
Indicative example 1 Student formulates alternative constructions and provides detailed (but not necessarily comprehensive) supporting arguments, together with cogent reasons why one construction ought to be preferred. Student provides a reasonable evaluation and arguments for each of the alternative constructions, but the arguments are not as detailed as they could be Student formulates plausible alternative constructions, but only provides supporting interpretative arguments for one of the constructions (one-sided answer). As for a C one-sided. The answer also contains significant errors. Student does not formulate alternative constructions and does not give interpretative arguments. The answer is concerned with different applications of the law to the facts.
Indicative example 2 Student provides detailed arguments for each of the alternative constructions but does not provide cogent reasons for preferring one construction. As for B grade examples 1 and 2. But the answer also contains significant errors (curates egg). Neither of the constructions is adequately formulated. But the answer includes indications of appropriate constructional choices, and plausible arguments for each side are made in addition to the ordinary or natural reading. The answer purports to give constructions of the given unit of inquiry but the constructions do not raise a tenable interpretative issue (no arguments being given to raise the interpretative issue)
Indicative example 3 The answer purports to give constructions but the constructions are IRAC applications to the facts
Indicative example 4 The answer purports to give arguments but none of the arguments are informed by the law of interpretation.
Indicative example 5 The answer misreads the law in a fundamental way.
Indicative example 6 The answer does not answer the question asked.
Indicative example 7 The answer misreads the question in a fundamental way, eg it does not follow the stated assumptions in the question.
Criterion 2:
Writing and referencing of legal opinion
Consistently well written and referenced. The answer is mostly well written and referenced, with minor lapses The writing and referencing are at a moderate level. The writing and referencing are marginally satisfactory due to frequency or extent of lapses The answer is not satisfactorily written and referenced at all or on the whole.
Indicative example 1 Well written, except for a number of relatively minor deficiencies concerning AGLC style. The answer is well written, except for the fact that little attempt is made to reference sources. The writing is not generally clear or coherent.
Indicative example 2 The writing is clear in parts but contains numerous writing errors of various kinds.
