Court Observation Assignment Study Session

7/29/2019 Court Observation Assignment Study Session

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Court Observation Assignment Study Session

CLSS 2008


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Structure of the session

Introduction

Short lecture (20 mins)

Q & A (30 mins)


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What you are reallybeing tested

on.(Taken from the assignment):

Aims

To provide a background for seminars and acontext for class discussion on the court system;

To observe, consider and reflect upon the roleand impact of the law and the courts; and

To reflect upon and present your own

understanding of the court proceedingsobserved and synthesise these with the viewspresented in the readings in a coherent andlogical fashion.


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Going to court

If you havent yet gone to court, go now.

Keep a record of your cases (why you shouldnthave slept through legal research) for yourappendix and footnotes.

Sydney style guide:http://www.law.usyd.edu.au/cstudent/coursework

/docs_pdfs/AppA_SLR_styleguide.pdf

Unreported decisions

e.g. Mann v NSW Police[2007] NSWSC 888
http://www.law.usyd.edu.au/cstudent/coursework/docs_pdfs/AppA_SLR_styleguide.pdfhttp://www.law.usyd.edu.au/cstudent/coursework/docs_pdfs/AppA_SLR_styleguide.pdfhttp://www.law.usyd.edu.au/cstudent/coursework/docs_pdfs/AppA_SLR_styleguide.pdfhttp://www.law.usyd.edu.au/cstudent/coursework/docs_pdfs/AppA_SLR_styleguide.pdf


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Remember

This is not a research exercise, whichmeans that you are not required to read

beyond these materials in order tocomplete the assignment. But you shoulddefinitely read and if necessary, quotefrom the two articles recommended.

You must include at the end of your essaya list of the courts and the times youattended. (An appendix.)


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The issues and ideas on whatto write about

equality before the law;

procedural fairness;

poverty (including unemployment and

homelessness); English as a second language and availability ofqualified interpreters;

nature and quality of legal representation (includinglack of legal representation);

differences in formal versus less formal settings; role of the judicial officer;

mental illness or addiction of the defendants oraccused.


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Example answer

IntroductionThe local courts and Criminal Court of Appeal ultimately serve the

same purpose of administration of justice through the legal system.However, the legal processes employed by the two courts differ in

fulfilling this purpose. This essay will examine the formal andprocedural differences between these two courts and exploreproblems of access to the law facing litigants in both these courts.

Paragraph 1 Local courtsLocal and magistrates courts handle the vast majority of criminal

cases. In the 2003-2004 period, local courts were responsible for thejudgements of 97% of criminal cases brought before the law. Due tothe large number of cases tried on a daily basis, there is pressurefor matters to be dealt with quickly and efficiently. This is importantfor maintaining public confidence in the legal system by creating theperception that decisions in the magistrates courts are fair,impartial, transparent, efficient, and just.


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Conclusion

Central to the notion of justice is the belief that all people should betreated equally and fairly before the law. However, as this essay

demonstrates, this is clearly not always the case. Where legalrepresentation is unavailable, the integrity of the legal system ischallenged. The presence of legal representation is vital insustaining the laws impartiality and neutrality, regardless of the

court of law.

Appendix

Court observation dates

Hornsby Local Court on the 13th of March 0900-1400

Court of Criminal Appeal on the 20th of March 0900-1200


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Getting that elusive andmythical mark, the HD.

Use a lot of references appropriately.

Do it not-on-the-night/morning-before.

Have excellent and eloquent writing.

Do some extra reading on the subject it

may give you some ideas.


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Q & A

Can I use headings in my essay?


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Q & A


Yes.


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Q & A


Yes.

If I send you my essay, will you pleasehelp me correct/write/start it?


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Q & A


Yes.


No.


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Q & A


Yes.


No.

When is the start-of-year party and howmuch will it cost?


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Documents

Court Observation Assignment Study Session