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Today’s lecture
Why are you writing an assignment?Word limitsPlanningFormatStyleCitation of casesAn example
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Why formal assignments?
To get 20% of the unit marksthe torts teaching team makes me!Well why do we make you?
employers want graduates who are able to write in a formal style
what you know is relatively useless unless you can convey that information in an appropriate manner e.g. in-house newsletter
See pp 20/1 of 1st semester study guide
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Word limit - 2 000
15 or 20 words is okay but there is no automatic 10% rule
actual number must appear at the end of the work
footnotes not counted as long as they don’t contain matters of substance if they do you won’t get marks for it
bibliography not counted
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The planning
Analyse the question on p10 of the study guide the context of the question
foreseeability, PEL, no clear majority reasoning
consideration of High Court decisions reference to secondary sources where
appropriate discuss the effectiveness of the reasoning
of the members of the High Court compare and contrast Kirby & McHugh JJ
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Planning cont.what do I need to know
what are the relevant High Court cases what are relevant secondary sources and
what do they say about the topicbrowse the literature - no notes at this stageanalyse the literature - make notes on cards etc
make a detailed outline do the rough draft - incubate!edit (rewrite?), proof-read, copy & hand
in by the due date
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The structure
Introduction - is headed as such in law
about 10% of the paper states your main theme or argument
this is what you are seeking to convince the examiner about
it is the central theme upon which other ideas depend
states your approach to the topic states the conclusion you will reach it may be the last thing you write
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Structure cont.
Body develops & states the rationale for the
theme you have chosen analyses the primary and secondary
sources chosen in support of the above is organised and formatted to reflect and
reinforce your theme there must be consistency and harmony
between the body and your introduction & conclusion
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Structure cont.
Conclusion restates the theme of your paper reports the results of your research and
analysis of the topic restates the key points you wish to
convey again convention indicates 10% you should not introduce new material
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Format headings
divide the major parts of the paper sub-headings
used to divide minor parts within the majorsthey may be numbered, e.g.
2. Burnie Port Authority … 2.1. The Majority Judgement2.2 The Dissenting Judgements2.2.1 Justice Toohey’s Judgement
do not over-use as may disrupt the flow
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Style
Is personal to the author but should conform with legal norms
each paragraph has a main idea with supporting details generally not just one sentence
uses plain Englishdoes not over-use jargon
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Style contuses first person sparingly
usually not ‘I think’does not use contracted forms
eg ‘does not’ rather than ‘doesn’t’uses correct grammar and spelling
does not rely upon spell & grammar checkgrammar check good for overly long sentences!
read respected journals for guidancejokes rarely succeed
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CitationsWhy?
to help reader follow up for further information to help marker see what you have and haven’t
read to avoid allegations of plagiarism
we are very serious about this - see p17 of 2nd semester study guide
should never cite a work you have not personally consulted
bibliography serves a similar purpose
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Citations cont.
Case names are in italics Donoghue v Stevenson [1932] AC 562
if central to your argument, put name in body of work & citation in the footnote
if not central put both in the footnotesimilarly statutes and use the short titleabbreviation in brackets for future use
The Trade Practices Act 1975 (TPA)footnotes better than endnotes
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Citations cont.
Law is different from some other disciplines do not use in-text/ bibliographic/Harvard style
Internet “medium-neutral” citation each case reported by [year] court, case no. &
have numbered para nos. not page nos.[1998] HCA 49 at 16,
au/cases/cth/high_ct/1998/49.html
should use authorised report when available
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An example
Using decisions of the Australian High Court to illustrate your answer, critically examine the manner in which Australian common law courts currently seek to put an injured person back in the position the person would have been in if that person had not been injured.
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Introduction It is obvious that no sum of money can adequately
compensate persons who have suffered catastrophic personal injuries. Nevertheless the common law attempts to do so even in regard to such non-tangible losses such as loss of enjoyment of life. One of the ways the courts attempt to compensate injured plaintiffs is through awarding damages under various heads of damages. Also relevant are the rules and principles which underpin an award of damages in a
personal injuries action.Ultimately however, as this paper will demonstrate the common law can never put a person back in the position he or she would have been in if the person was not injured.
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The body
The heads of damage Pecuniary and non-pecuniary Special and general
The rules and principles the once and for all rule, the lump sum rule, the eggshell skull rule, the indemnity principle, and the duty to mitigate.
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Conclusion
As the question indicates the common law courts do recognise that an award of damages should put the plaintiff back in the position they would have been in but for the loss or damage the plaintiff suffered as a result of the defendant’s negligence. The indemnity principle especially seeks to achieve this objective, although the courts use the heads of damages to ensure that the plaintiff is not twice compensated. However, the lump sum and the once and for alls rules do make it very difficult for courts, especially in serious injury cases, to achieve this objective.
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Good luck with your research Good luck with your research and writing for your and writing for your
assignmentassignment! !
