LAWS205­16A (NET)
Foundations in Legal Studies
20 Points
FACULTY OF LAW
TE PIRINGA
STAFF CONTACT DETAILS
CONVENORS
Marie Were
Phone ext: 6495
Room: LAW.G.67
Office Hours: To be advised
Email: [email protected]
ADMINISTRATORS
Erika Kemm: [email protected]
LIBRARIANS
Em Pooley: [email protected]
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PAPER DESCRIPTION
A paper to provide students with a basic understanding of the New Zealand legal system, and an introduction to the law of torts,
contract, agency, sale of goods and services, persons, including corporate bodies, property and consumer legislation. Subject to the
approval of the Faculty of Law, this paper may be taken as an individual interest paper, or by students enrolled in qualifications other
than Law.
PAPER STRUCTURE
This is a NET paper offered in A semester through a combination of directed teaching and learning using a variety of delivery
presentations (written, audio, video, virtual) ­ lectures and tutorials.
The teaching component comprises 4 hours per week in A semester as follows:
Lectures and tutorials will be presented and accessible online via the University’s e­learning platform called Moodle.
Students will contribute to online discussions throughout
Students will conduct research of the material provided and the online Law Library databases to answer set questions at the end of
each Topic covered.
Students will interact and communicate in specific Forums set up on Moodle in order to build a learner­friendly class group online
community for those enrolled in the paper.
Note: All relevant READING and VIEWING MATERIAL WILL BE PROVIDED ONLINE ON MOODLE for the paper.
TIMETABLE
Offered online.
LECTURES
Each week the Lectures will be recorded on Panopto for the respective Themes, and available for viewing on Moodle
TUTORIALS
Te Piringa Faculty of Law places great emphasis on providing students with opportunities for high achievement in law papers. Tutorials
allow students to learn effectively and online tutorial forums will be arranged on Moodle (where students need to contribute and be
prepared to discuss their answers to the tutorial questions). Participation in the online tutorial forums is a compulsory element of the
paper and required for satisfactory completion of the paper. An understanding of topics and materials discussed in the tutorials is
essential for success in both internal assessment and examinations.
A record will be kept of student forum contributions for the tutorials. Students who do not contribute to at least two of the first 3 tutorials
will receive a letter from the faculty. The letter will restate the importance of tutorials. The letter will also say that tutorial contributions
will be a factor taken into consideration in the event that the student is required to apply for re​­entry.
LEARNING OUTCOMES
Students who successfully complete the course should be able to:
Carry out basic legal tasks/skills including legal research and legal writing, statutory interpretation and case analysis, and to apply
that information particularly in the area of common law transactions used in New Zealand;
Identify and discuss key institutions, personnel, functions and processes of the New Zealand legal system; and
Identify and discuss key elements of some common law transactions used in New Zealand.
ASSESSMENT
Assessment
a) Requirements for assessed work
Te Piringa Faculty of Law procedures for the presentation, submission and referencing of course work are set out in the Te Piringa
Faculty of Law Undergraduate Handbook @ p.35 which is available from http://www.waikato.ac.nz/law/undergraduate.
Assignment resources are available online at http://www.waikato.ac.nz/law/student/
INTERNALLY ASSESSED COMPONENTS
The internal assessment/exam ratio (as stated in the University Calendar) is 1:0. There is no final exam.
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Due Date
Time
Percentage
of internal
mark
11 Mar 2016
11:00 PM
15
2. Legal Research Quizzes
1 Apr 2016
9:00 AM
15
3. Case Analysis
6 May 2016
9:00 AM
20
4. Legal Memorandum
27 May 2016
9:00 AM
25
5. Test 2 (multi­choice)
27 May 2016
11:00 PM
15
10 Jun 2016
9:00 AM
10
Component Description
1. Test 1 (multi­choice)
6. 10 x Tutorial Forum
contributions
Internal Assessment Total:
100
Submission Method
Compulsory
Online: Submit
✔
through Moodle
Online: Submit
✔
through Moodle
Online: Submit
✔
through Moodle
Online: Submit
✔
through Moodle
Online: Submit
✔
through Moodle
Online: Submit
✔
through Moodle
Failing to complete a compulsory assessment component of a paper will result in an IC grade
TEST 1 (MULTI­CHOICE)
Test is for 35 minutes and consist of multi­choice questions from selected Themes already covered.
LEGAL RESEARCH QUIZZES
Each of the 3 quizzes is worth 5%.
Quizzes are for 15 minutes each;
The Legal Research Quizzes will incorporate an online library and research component from the topics covered in Week 3 including 3
online Quizzes. Students will read material covering each Quiz topic and complete the Quiz comprising 10 multi­choice questions.
Students will have one attempt for each Quiz.
CASE ANALYSIS
The Case Analysis requires students to analyse a legal case which will be drawn generally from selected Themes already covered.
LEGAL MEMORANDUM
The Legal Memorandum requires students to apply learning from associated Themes already covered to a problem solving fact
scenario, using the IRAC format.
TEST 2 (MULTI­CHOICE)
Test 2 is for 35 minutes and requires students to answer multi­choice questions from selected Themes already covered.
10 X TUTORIAL FORUM CONTRIBUTIONS
The Tutorial Forums require students to contribute answers to tutorial questions by Friday 11pm in that week; and give one comment on
one of the other answers by Sunday 11pm in that week.
For the Tutorial Forum in the last week of semester, the day/date changes and the answer is due on Thursday at 9am; the comment is
due on Friday at 9am.
The assessment components will enable you to develop skills of statutory interpretation, case analysis, legal research, and legal
writing. Individual preparation and engagement in the Tutorial Forums will also provide you with opportunities to practice examples
before completing assessments.
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HOW ACHIEVEMENT WILL BE MEASURED
Te Piringa Faculty of Law procedures for the presentation, submission and referencing of course work are set out in the Te Piringa
F a c u l t y o f L a w U n d e r g r a d u a t e H a n d b o o k @ p . 3 5 w h i c h i s a v a i l a b l e f r o m http://www.waikato.ac.nz/law/undergraduate
(http://www.waikato.ac.nz/law/undergraduate).
Assignment resources are available online at http://www.waikato.ac.nz/law/student/ (http://www.waikato.ac.nz/law/student/)
Achievement in examinations and tests will be measured primarily in terms of levels of understanding and knowledge gained.
Achievement in assignments will be measured also in terms of fluency and accuracy of expression and referencing.
Major deficiencies in structure, style, grammar and spelling will result in lower marks.
ASSIGNMENT SUBMISSION AND COLLECTION PROCEDURE
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz (http://elearn.waikato.ac.nz/)). See Te
P i r i n g a F a c u l t y o f L a w U n d e r g r a d u a t e H a n d b o o k , a v a i l a b l e a t http://www.waikato.ac.nz/law/undergraduate
(http://www.waikato.ac.nz/law/undergraduate).
It is the policy of Te Piringa Faculty of Law to return marked work to students within five weeks of submission. Unless a specified time
is set down for the submission of an assignment, the time for submission of an assignment is 12pm (noon) on the due date.
PROCESS FOR REQUESTING EXTENSIONS, SPECIAL CONSIDERATION AND FOR APPEALING MARKS
I) EXTENSIONS
Students are required to complete and submit all internal assessments by specified dates. The meeting of deadlines is a mark of
professionalism and its enforcement is essential for fairness to all students taking the paper. Handing in course work on or before the
due date also facilitates the timely return of marked work by academic staff. Students should meet requirements as to time deadlines
for course work, or make a request for an extension or special consideration in appropriate circumstances (see Undergraduate
Programmes Manual available from the School of Law Undergraduate website http://www.waikato.ac.nz/law/undergraduate/
(http://www.waikato.ac.nz/law/undergraduate/)). Failure to comply with requirements as to the time deadlines for internal assessment
without having successfully applied either for an extension or special consideration with supporting evidence before the due date will
result in deduction of 2.5 marks for each day or part thereof the work is late. Lateness of more than a week may result in the work not
being marked. No deadlines may be extended beyond two weeks after the last teaching day of the semester(s) in which the paper is
taught as final grades must go to the Board of Examiners at this time. Unless an extension in writing has been granted, a lecturer may
refuse to accept a piece of work which is submitted after the specified date, and automatically award it no mark, or may lower the mark
as a penalty for lateness.
Applications for extension, on the form obtainable from the Law Reception, must be submitted to the Chief Examiner or nominee.
Students should not submit the extension form to the lecturer, nor should students seek extensions from the lecturer via other forms of
communication. Extensions will be granted only on evidence of illness, family bereavement, or serious personal accidents or
circumstances. Please note that too many assignments due at the same time is NOT an acceptable reason, neither are claims that
computers and/or printers have crashed. Account will be taken of the time in which the student has had to complete the internal
assessment before the intervening event occurred. It will be important to consider if the grant of the extension will give the student in
question an unfair advantage over other students. A maximum period of 14 days will be given as an extension unless there are
exceptional circumstances. In determining applications the Chief Examiner or nominee may consult with the Convenor or lecturer of the
relevant paper.
When the Chief Examiner or nominee has made a decision on the application for extension, the nominated Administrative Assistant will
advise the student of the decision by email. Following this, the extension form will be given to the relevant lecturer who will retain it until
after the assignment is marked and returned to students. The form will then be placed on the student’s file. It should be noted that if an
extension of longer than 14 days is granted, the assignment will not be automatically printed out and delivered to the lecturer, therefore
the lecturer is responsible for ensuring the assignment is printed. In appropriate cases, when a student’s application for extension is
declined the Chief Examiner or nominee will inform the student of the process for applying for special consideration.
II) SPECIAL CONSIDERATION
The Assessment Regulations 2005 as set out in the University Calendar 2016 list in detail the university­wide policies and procedures,
which apply concerning missed examinations, impaired performance or impaired preparation time for an examination, and missed or
impaired course work. Students are responsible for ensuring that they comply with these regulations. Application forms for special
consideration for internal assessment are available from law reception.
iii) Appeals (University Calendar 2016, Assessment Regulations 2005, Reg. 24)
A student may appeal against any decision taken under these regulations.
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An appeal, comprising a written statement of the circumstances of the appeal, together with supporting evidence if available, must be
submitted by the student in writing to the Head of Student & Academic Services not more than seven days after the date on which
notification of the relevant decision is received.
Appeals under this section are considered and decided by the Deputy Vice­Chancellor by delegated authority of the Education
Committee.
A decision by the Deputy Vice­Chancellor is notified in writing, and is final.
iv) No electronic devices are allowed in any internal tests or exams.
v) If you wish to submit your Internal Assessment in Māori, you need to obtain an application form from the Law Reception at least 14
days before the assessment is due.
vi) If you wish to apply to write your official exams in Māori, you need to complete the official application form from the University’s
Assessment Office. (refer to the Policy on the Use of Māori for Assessment in the University Calendar).
TOPICS
The Nature of Law; What is Law? A Selection of Views;
Treaty of Waitangi
Legal Research Skills, Modules & Quizzes
New Zealand’s Constitutional Framework
No Tutorial/Theme this week
Elements of a Contract
Judicial Precedent; Case Analysis
Legislation & Statutory Interpretation
Torts and a Duty of Care;/Legal Writing & IRAC
Real and Personal Property
Making a Will ­ self­directed
Consumer Law
The Corporate Entity
SCHEDULE
Week
Paper
1
University
9
Week
Beginning
Mon 29 Feb
Topics
Additional Information
The Nature of Law; What is Law?
Tutorial A Forum: a n s w e r b y F r i d a y 4
A Selection of Views;
March, 11pm; comment by Sunday 6
March, 11pm.
2
10
Mon 7 Mar
Treaty of Waitangi
Tutorial B Forum: answer by Friday 11
March, 11pm; comment by Sunday 13
March, 11pm.
Test 1 accessible Friday, 11 March at 9am;
Due at 11pm on the same day.
3
11
Mon 14 Mar
Legal Research Skills, Modules &
Quizzes
Tutorial C Forum: Introduction to Library
Research Module and Practice Quiz; Due:
Friday, 18 March, 11pm
Library Research Skills Quizzes
(x3) Accessible: Monday, 14 March, 9am;
Due: Friday, 1 April, 9am..
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Week
Paper
4
5
University
12
13
Week
Beginning
Mon 21 Mar
Mon 28 Mar
Topics
Additional Information
New Zealand’s Constitutional
Optional Tutorial ­ answer/comments by
Framework
Thursday, 24 March, 11pm.
No Tutorial/Theme this week
Reminder: Assessment Library Research
Quizzes, Due Friday 1 April, 9am
6
14
Mon 4 Apr
Elements of a Contract
Tutorial D Forum: answer by Friday 8 April,
11pm; comment by Sunday 10 April, 11pm.
7
15
Mon 11 Apr
Judicial Precedent; Case Analysis
Tutorial E Forum: answer by Friday 15 April,
11pm; comment by Sunday 17 April, 11pm.
Case Analysis, Accessible, Monday, 11
April, 9am; Due Friday, 6 May, 9am.
8
16
Mon 18 Apr
Teaching Recess Week
9
17
Mon 25 Apr
Teaching Recess Week
10
18
Mon 2 May
Reminder: Case Analysis: Due Friday, 6
May, 9am.
Tutorial F Forum: answer by Friday 6 May,
11pm; comment by Sunday 8 May, 11pm.
11
19
Mon 9 May
Torts and a Duty of Care;/Legal
Writing & IRAC
Tutorial G Forum: answer by Friday 13 May,
11pm; comment by Sunday 15 May, 11pm.
Legal Opinion, Accessible, Monday, 9
May, 9am; Due: Friday, 27 May, 9am.
12
20
Mon 16 May
Real and Personal Property
Tutorial G Forum: answer by Friday 20 May,
11pm; comment by Sunday 22 May, 11pm.
13
21
Mon 23 May
Making a Will ­ self­directed
No Tutorial this week
Reminder: Legal Opinion, Due Friday, 27
May, 9am
14
22
Mon 30 May
Consumer Law
Tutorial I Forum: answer by Friday 3 June,
11pm; comment by Sunday 5 June, 11pm.
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Week
Paper
15
Week
Beginning
University
23
Mon 6 Jun
Topics
Additional Information
The Corporate Entity
Note: change in the due day and time.
Tutorial J Forum: answer by Thursday 9
June, 11pm; comment by Sunday 10 June,
11pm.
Tutorial Forums Assessment (x10) ­ Final
comment for Tutorial J, Due Friday, 10 June,
9am.
16
24
Mon 13 Jun
Study Week
17
25
Mon 20 Jun
Exam Week
18
26
Mon 27 Jun
Exam Week
Schedule can be subject to change.
REQUIRED AND RECOMMENDED READINGS
REQUIRED READINGS
All relevant reading and viewing material will be provided online on Moodle for the paper.
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray & Orpin, New Zealand Law Style Guide,
2nd edition, Thomson Reuters (2011). This is available from Bennetts, at an approximate price of $37 including GST.
An online copy is also accessible on Te Piringa Faculty of Law webpage under Course Resources at
(http://www.waikato.ac.nz/law/student (http://www.waikato.ac.nz/law/student)).
In addition to the texts identified above Te Piringa Faculty of Law requires that students access course materials for this paper on
Moodle (http://elearn.waikato.ac.nz), the University of Waikato’s online learning system. Any such material is provided on the following
terms:
University of Waikato owns the intellectual property rights, including copyright, in and to this site, or has acquired the necessary
licenses to display the material on the site. As a student of the Te Piringa Faculty of Law, you are granted a limited license to use
(access, display or print a single copy) the material from the papers in which you are enrolled for the purposes of participating in the
paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, distributed or
provided in any form or method whatsoever to any third party. Any other use of the material is prohibited. None of the material may be
otherwise reproduced, reformatted, republished or re­disseminated in any manner or form without the prior written consent of University
of Waikato. To obtain such consent, please contact the Te Piringa Faculty of Law.
RECOMMENDED READINGS
Note: All relevant readings and viewing material will be provided online on Moodle for the paper.
If students would like to access further readings, we recommend the following texts:
Webb, D., Sanders, K., & Scott, P. The New Zealand Legal System: Structures, Processes & Legal Theory (5th ed) (Wellington:
LexisNexis Butterworths, 2010).
Grant Morris,Law Alive: The New Zealand Legal System in Context(3rd ed, Oxford University Press, Melbourne 2014).
S Penk and MR Russell New Zealand Legal Method Handbook (Thomson Reuters, Wellington, 2014).
Leigh Miller Understanding Commercial Law (8th ed, LexisNexis NZ Limited, Wellington, 2014).
ONLINE SUPPORT
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Online support for this paper is provided via Moodle.
If you require assistance with Moodle, or encounter any problems, please contact the Help Desk. You can send a message to Help
Desk by using the instant message service in your paper (from the participants list within the People block). Alternatively, you can
email them directly at [email protected] or call 838 4008.
WORKLOAD
Students should expect to spend 200 hours in total on this paper. In addition to viewing lecture material on Moodle, significant time will
need to be spent on background and complementary reading. Students should allow for periods of more­focused research time in the
preparation of assignments.
LINKAGES TO OTHER PAPERS
The Foundations in Legal Studies paper is an essential requirement of the Graduate Diploma in Dispute Resolution programme. The
paper is primarily designed to equip students with the skills to complete the law papers which are part of the Diploma. Subject to
approval, the paper may be taken as an individual interest paper or by students enrolled in a qualification other than Law.
Restriction(s)
LAWS105
PAPER APPRAISAL
Students appraisals rated this paper with a high score of 1.
Feedback indicated that students were generally satisfied with the delivery of this paper.
ADDITIONAL INFORMATION
No electronic devices are allowed in any internal tests or exams.
If you wish to submit your Internal Assessment in Māori, you need to obtain an application form from the Law Reception at least 14
days before the assessment is due.
If you wish to apply to write your official exams in Māori, you need to complete the official application form from the University’s
Assessment Office.
(refer to the Policy on the Use of Māori for Assessment in the University Calendar).
REFERENCE TO UNIVERSITY REGULATIONS
Your attention is drawn to the following regulations and policies, which are published in the University Calendar:
Assessment Regulations 2014 (http://calendar.waikato.ac.nz/assessment/assessment.html)
Change of Enrolment Regulations 2012 (http://calendar.waikato.ac.nz/admission/changeofenrolment.html)
Computer Systems Regulations 2005 (http://calendar.waikato.ac.nz/policies/computersystems.html)
Policy on the Use of Māori for Assessment (http://calendar.waikato.ac.nz/assessment/useofmaori.html)
Ethical Conduct in Human Research and Related Activities Regulations 2008
(http://calendar.waikato.ac.nz/assessment/ethicalConduct.html)
Student Research Regulations 2008 (http://calendar.waikato.ac.nz/assessment/studentresearch.html)
REFERENCING GUIDELINES AND CAUTION AGAINST PLAGIARISM
Plagiarism means presenting as one’s own work the work of another, and includes the copying or paraphrasing of another person’s
work in an assessment item without acknowledging it as the other person’s work through full and accurate referencing; it applies to
assessment (as defined in the Assessment Regulations presented through a written, spoken, electronic, broadcasting, visual,
performance or other medium. The Student Discipline Regulations are found in the online Calendar and further information at the
S t u d e n t D i s c i p l i n e W e b s i t e . T h e Library (http://www.waikato.ac.nz/library/) a n d S t u d e n t L e a r n i n g
(http://www.waikato.ac.nz/students/student­learning/) are valuable resources to assist you with your studies at the University.
HEALTH AND SAFETY
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In the event of the continuous sounding of sirens or ringing of alarms, all occupants of the building must evacuate in an orderly and
timely manner by the nearest exit to an area away from the building and clear of the roadway. They should not attempt to carry
cumbersome equipment and personal belongings. The building cannot be re­entered until the all clear is signalled by the Fire Service or
Building Warden. Lifts must not be used during an evacuation.
Sitting at your computer for long periods has the potential to impact on your physical wellbeing. Careful attention should be paid to
seating and the height of your desk so that your feet are able to sit flat on the floor and your elbows, hips and knees are at right angles.
It is suggested that regular breaks are taken and activities are alternated to avoid staying in one position for too long.
If you hear a siren from the emergency blue boxes placed around campus, listen and follow the instructions carefully.
CLASS REPRESENTATION
The University’s Class Rep Administrator can be contacted on 837 9312 or email address: [email protected]. Further
information can be found at the Class Rep Website (https://sites.google.com/a/waikato.ac.nz/class­reps/).
COMPLAINTS PROCEDURES
The Student Complaints Procedures Website (http://calendar.waikato.ac.nz/policies/studentcomplaints.html) provides details of the
University’s process for handling concerns and complaints.
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