Assignment Task
Task
Legal Institutions and Methods Report
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Get Help Now!Your report must address the following five questions separately
1. Basic information
Using information from the Commission/inquiry website: briefly outline the nature of the Commission/inquiry, the legislative basis for the Commission/inquiry (i.e. which legislation authorised it) and where the Commission/inquiry is up to (for example, is it recently established, underway or has it reported to the government).
2. Overview of the hearing
In this section, you need to enable your reader to understand the nature and the essence of the hearing you observed. Your overview must be succinct, yet detailed enough to cover the essential features of the hearing. In particular, consider:
- How many people presided over the hearing and what was their role?
- How many witnesses appeared during the hearing, their names and positions (if they were appearing on behalf of an organisation)?
- Who else was involved in the hearing?
What were the objectives of this hearing?
- How did this hearing fit within the broader Commission/inquiry at the stage it was up to?
3. Hearing atmosphere In this section, you should describe and analyse the atmosphere in the location where the hearing took place. In particular, consider:
- The level of formality in proceedings, the architecture of the location, and the effect of these (if any) on the hearing and the people involved.
- Any cultural or language factors which may have affected the hearing.
- Any other attributes of the witnesses that may have affected the accessibility of the hearing.
4. The role of lawyers
In this section, you should describe and evaluate the role of legal counsel assisting the Commission/inquiry in the hearing you observed, and any legal representatives of witnesses. In particular, consider:
- How did legal counsel interact with the commissioner/s and witnesses?
- Did legal counsel and representatives behave professionally and ethically?
- How effective was legal counsel at getting information from the witness(es)?
- How was documentary evidence used during the hearing?
5. The role of the Commissioner(s)
In this section, you should describe and analyse the role of the Commissioner(s) in the hearing you observed. Consider:
- The conduct of the Commissioner(s) during the hearing (for example, active or passive, their treatment of people present in the hearing room, their control over the hearing) and their role more generally.
4. Legal research requirement
You are required to locate three (3) academic sources to support the analysis in your response to question 4. This research requirement is in addition to the general research you will need to conduct when responding to questions 1 and 2.
The academic sources must relate to something that you observed in the hearing you are writing about. It is not compulsory to limit yourself to academic sources about lawyers assisting Commissions/inquiries. You may use more general literature about the role of lawyers in, for example, court hearings. However, because you are only required to locate a small number of sources, these sources should be of high quality and relevance, and you need to demonstrate this relevance to the person marking your report.
An ‘academic source’ means an academic book, academic journal article, government repor (for example, by organisations such as the Australian Law Reform Commission or Australian Institute of Criminology) or speech (for example, by a Judge). Non-academic sources such as newspaper articles, blogs and general material on the internet from reputable sources are only acceptable as a supplement to academic sources, but these will not be included in the quota of 3 sources that you are required to use. Wikipedia is not an appropriate source.
You may wish to use the LIM textbook and other reading in the weekly LMS tabs to inform your court report, but the 3 academic sources you refer to should not be from the course materials (course materials includes materials included under ‘additional readings’). If you do not use 3 academic sources from outside the course materials, you will not be awarded marks for independent legal research when your court report is assessed.
5. Assessment weighting and criteria
The following information is included to help student’s to understand what examiners look for when assessing written work. It indicates factors or qualities they look for to determine the levels of understanding and performance being demonstrated, and to differentiate between the various grades. It is important to understand that not every criterion noted below requires equal attention or is intended to be of equal weighting.
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