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Discussions in class
Demonstrated understanding
of the law
Accuracy
Was it correct
Familiarity
Was it correctly cited
Thoroughness
Were all sides covered
Examples of unfamiliarity with
the law: case law
Quoting a judge who does not exist
Asserting a statement of law from a case – where the
case did not find that. For example:
Re Edwards found a possessory interest, not a proprietary
interest
Referring to Supreme Court when citing a High Court
decision
Unfamiliarity with the law:
legislation
For involving state jurisdiction, each Australian jurisdiction
is likely to have legislation governing the issue.
Demonstrate your understanding of the issue by
identifying this, and justifying your use of a particular
example.
Eg: organ transplants are covered by most jurisdictions.
Identify the jurisdiction of the legislation you cite
Clarify that there are equivalent provisions in other
jurisdictions
Did you explore
the issue?Often a more circumspect
approach will garner support for
an argument.
This requires thinking around the
issue: are there other arguments?
Did you address these?
Did you read
widely?Some students rely very heavily
on one or two authors for all
arguments.
The aim is to have a variety of
views, and to weave them into
your argument.
Structure: macro
Introduction Contains
question to be answered
Body: paraslink
One idea per para
Argument builds
Conclusion matches
intro
Grammar: micro
Is it a sentence?
Is it a run on sentence?
Random capitalisation
Apostrophes Verb
agreement
“A RUN-ON
SENTENCE
(sometimes called a
‘fused sentence’)
has at least two
parts, either one of
which can stand by
itself (in other words,
two independent
clauses), but the two
parts have been
smooshed together
instead of being
properly connected.
”
Random Capitalisation
(see what I did there?)
“Lawyers love to capitalize words. Pleadings, including proposed
orders, are commonly full of words that are capitalized, not quite
randomly, but certainly with great abandon. Please limit the use of
capitalization to proper names. For example, do not capitalize
court, motion, movant, debtor, trustee, order, affidavit, stipulation,
mortgage, lease or any of the other numerous words that are
commonly capitalized.
”Justice Kressel, US Bankruptcy Court
ABA Journal, 14 December 2009
http://www.abajournal.com/news/article/bankruptcy_judge_orders_lawyers_to_stop_using_capitalization_with_abandon/stay_connected
/newsletter
See AGLC: rule 1.7
Footnote follows punctuation:
rule 1.1.2
…a majority of the High Court declared an
exception to the ‘no property rule’ through the
application of the work and skill exception.1
NOT:
…exception1.
Quotes: rule 1.5.1
Longer than three lines: long quote
New para Indent
No quote marks!
Smaller font
Shorter than three lines = short quote
Single quote marks! ‘
Headings: rule 1.15
I HEADING LEVEL ONE
A Heading Level Two
1 Heading Level Three
Avoid using more levels than this, but if need be, refer to
AGLC.
Cases: rule 2
Italics name v other name | (year) | Vol | Abbreviated
Reports | page
Prefer authorised version (rule 2.3.1)
Use pinpoint references (rule 2.5) but separated by a
comma; not ‘per Judge X’ or ‘at’
Do not use parallel citations (rule 2.7)
Legislation: rule 3
Name in italics including year (Jurisdiction)
Don’t forget the jurisdiction!
Take care how you cite jurisdictions
NSW, WA, NT, SA, ACT
Qld, Vic, Tas, Cth
If you write QLD or VIC or CTH…the reader thinks that you
are YELLING at them
Journal articles: rule 4Use capitals in headings
‘Proprietary Rights in Body Parts: The Relevance of Moore's Case
in Australia’
Use single quote marks for the title
Write full journal name, in italics: Monash University Law Review
Is it an electronic journal? Or not?
Not electronic journals:
http://search.informit.com.au.elibrary.jcu.edu.au/search;rs=2;rec=1;action=showCompleteRec
http://www.austlii.edu.au/au/journals/MonashULawRw/1993/10.html
Ask yourself: how can you
improve?Research:
quality/breadth
Understanding
Writing: macro
Writing: micro