LAWS4013: Civil Procedure and Arbitration Assessment

Assignment Question

Question:

Access to justice is essential and yet very few civil cases reach trial. There are spurious claims and shortcuts available to end proceedings early.

Instructions and Requirements

• Read the instructions in the Learning Guide and the criteria and standards carefully before you start this assignment.

• Your response must take the form of an essay.

• Ensure that you consider all parts of this assignment.

• As a research assignment, your research is expected to include materials beyond the prescribed reading and seminar materials.

• Do not exceed the word limit. While footnotes are not included in the word limit, you should not include them in the footnote material, which should be in the report's body.

• Your report must contain a bibliography.

• Submit your research report on Turnitin. There are two links: one for the assignment and the other for the research diary.

• Ensure that you include proper citations. Your method of citation does affect your marks.

• Avoid long quotes in your report.

Learning Outcomes Assessed

Students will:

1. Analyse the legal principles and processes of Australian civil litigation, with a particular focus on the law in New South Wales, to resolve legal problems.

2. Create a legal document relevant to civil procedure suited to audience and context.

Marking Criteria and Standards

Fail

• Fails to identify the key legal issues in the area. Fails to refer to the correct legal principles.

• Fails to develop any argument.

• Fails to adopt legal research strategies or minimal research strategies.

• Poor written English style. Many spelling and grammar mistakes.

• No references or poor citation.

Pass

• Refers to the legal principles with some errors or provides a limited summary of the law.

• Structure and plan of assignment apparent but development is inconsistent.

• Demonstrates limited use of relevant reliable research sources to support argument.

• Written style is generally correct. Acceptable presentation with some mistakes in spelling or grammar.

• Some references correct and some references incorrect.

Credit

• Refers to the correct legal principles and indicates an accurate knowledge of the law in more detail.

• Assignment follows logical sequence with only a few inconsistencies.

• Some evidence of use of relevant reliable research sources to support argument.

• Written style is clear with only a few spelling or grammatical mistakes.

• References mostly correct.

Distinction

• Refers to the correct legal principles and provides a comprehensive knowledge of the law.

• Assignment follows logical sequence.

• Excellent evidence of use of relevant reliable research sources to support argument.

• Written style clear and effective. Good use of grammar and punctuation with very few spelling or grammatical mistakes.

• Nearly all sources referenced correctly.

High Distinction

• Refers to the correct legal principles and provides an in-depth knowledge of the law.

• Assignment follows clear logical sequence.

• Extensive use of relevant reliable research sources to support argument.

• Original insights, outstanding discussions, critical evaluation and synthesis.

• Professional presentation throughout and no spelling or grammatical mistakes.

• All sources referenced correctly.

Brief Summary of Assessment Requirements

The assessment required students to critically evaluate the statement: “Access to justice is essential and yet very few civil cases reach trial. There are spurious claims and shortcuts available to end proceedings early.” The response was expected in essay format and needed to address all parts of the assignment while following the legal principles and processes of Australian civil litigation, particularly in New South Wales. Key requirements included:

• Conducting research beyond prescribed readings and seminar materials.

• Maintaining the word limit while excluding footnotes.

• Including a bibliography and proper citations.

• Submitting the assignment via Turnitin for both the assignment and research diary.

• Avoiding long direct quotes and demonstrating independent analysis.

The learning outcomes assessed were:

1. Analyse the legal principles and processes of Australian civil litigation to resolve legal problems.

2. Create a legal document relevant to civil procedure suited to the audience and context.

The assignment was graded according to criteria ranging from Fail to High Distinction, considering knowledge of law, structure, argument development, research quality, written style, and referencing accuracy.

Approach by Academic Mentor and Step-by-Step Guidance

The Academic Mentor guided the student using a structured, stepwise approach to ensure a comprehensive understanding of both the topic and assessment requirements:

1. Understanding the Question

   • The mentor first explained the importance of reading the question carefully and identifying the key issues: access to justice, civil case outcomes, spurious claims, and early termination of proceedings.

   • Students were encouraged to highlight keywords and consider the broader implications of civil litigation in New South Wales.

2. Planning the Essay

   • A logical structure was recommended: introduction, body (covering multiple perspectives), and conclusion.

   • Key pointers were outlined:

     • Definition and significance of access to justice.

     • Analysis of why few civil cases reach trial.

     • Examination of spurious claims and shortcuts in civil procedure.

     • Implications for legal outcomes and public confidence in justice.

3. Research and Resource Gathering

   • The mentor guided the student to use reliable academic sources, including law journals, textbooks, legislation, and case law relevant to NSW civil litigation.

   • Students were advised to avoid over-reliance on a single source and integrate multiple viewpoints.

4. Developing Arguments and Analysis

   • The student was encouraged to critically evaluate each aspect of the question rather than just describe legal principles.

   • Each argument was linked to legal sources and case law, demonstrating an understanding of practical application and theoretical context.

5. Drafting the Essay

   • The mentor emphasized clear paragraphing, topic sentences, and smooth transitions between arguments.

   • Students were instructed to balance legal discussion with critical evaluation to meet higher marking standards.

6. Referencing and Citations

   • Guidance was given on using a consistent citation style and ensuring all sources were correctly referenced.

   • The student learned to include a bibliography and avoid plagiarism.

7. Review and Proofreading

   • The mentor suggested multiple reviews for spelling, grammar, and clarity, and ensuring that all assessment criteria were addressed.

   • Feedback was provided to refine arguments and enhance the logical flow.

Outcome and Learning Achieved

• Outcome Achieved:
  The student produced a well-structured essay demonstrating critical evaluation of civil litigation processes and access to justice in NSW. Arguments were supported by relevant legal sources and case law, and the essay adhered to word limits, referencing standards, and submission guidelines.

• Learning Objectives Covered:

  • Analysis of legal principles in NSW civil litigation.

  • Creation of a legal document (essay) relevant to civil procedure.

  • Development of critical thinking and research skills.

  • Understanding of proper citation and academic integrity.

  • Enhanced ability to construct logical, coherent, and professional written work.

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