UNSW Law Society Education Guide 2020 by UNSW Law Society

THE EDUCATION GUIDE HOW TO SUCCESSFULLY MAKE IT THROUGH THE TERMÂ

2020 BY LAWSOC PUBLICATIONS

ACKNOWLEDGMENTS PUBLICATION EDITORS/DESIGN Samuel Choi, Danny Ng & Rafia Islam

GRAPHIC DESIGN Canva

ACADEMIC DEVELOPMENT DIRECTORS Brandon Zheng & Hae Eun Park

STUDENT WELLBEING DIRECTORS Bonnie Wang & Anvi Kohli

STUDENT MENTORING DIRECTOR Kevin Shaji

This Student Club publication is proudly supported by Arc. UNSW Law Society Inc. 2020 DISCLAIMER The articles and opinions expressed in this publication are not necessarily those of the UNSW Law Society Inc., the editors, or those of the UNSW Faculty of Law. Although the editors and authors have taken every care in preparing and writing the guide, they expressly disclaim and accept no liability for any errors, omissions, misuse or misunderstandings on the part of any person who uses or relies upon it. The editors, authors and the UNSW Law Society Inc. accept no responsibility for any damage, injury or loss occasioned to any person or entity, whether law student or otherwise, as a result of a person relying wholly or in part on any material included, omitted or implied in this publication.

CONTENTS PRESIDENT'S WELCOME

VICE PRESIDENT'S WELCOME

SECTION 1: PREPARING FOR CLASSES

Reading Cases

Note-Making

Class Participation

Study Groups

Online Classes

SECTION 2: PREPARING FOR ASSESSMENTS

Legal Research

Essay Writing

Problem Questions

Online Exams & Assessments

General Exam Tips

SECTION 3: GETTING SUPPORT

Academic Development

Careers Compass Program

Wellbeing

UNSW Law Career Services

Law Peer Tutoring

The Nucleus

Legal Advice & Services

PRESIDENT'S WELCOME Learning is an ongoing process. As such, whether you are a first year student looking to adjust to the university lifestyle, or a final year student who is looking to fine tune your skill set, this Guide will definitely be of great use to you! Furthermore, in light of the tough times we are facing, this Guide also contains various strategies on how you can improve your mental health and wellbeing.

Welcome to the Education Guide! We would first like to begin our welcome by saying that we hope you are safe and well. We thank you for taking the time to read our Education Guide. We sincerely wish that it can provide some assistance to you during the course of your studies and future years to come. The crux of the Education Guide serves two primary purposes. The first is to maximise your academic potential by refining your critical thinking, problem solving and essay writing skills. The second is to prepare and equip you with the skillsets that are necessary for your future careers.

The UNSW Law Society places a great deal of focus on providing exceptional support for our students and useful educational information. Accordingly, this Guide endeavours to complement the educational experience our students receive whilst studying at UNSW Law. Finally, we would like to thank Rafia and her team for their hard work in producing the Education Guide for 2020. We wish you all the best for your studies and future careers!

Sophie Berton and Justin Song UNSW Law Society Co-Presidents 2020

VICE PRESIDENT'S WELCOME It is my absolute pleasure to present the UNSW Law Society’s Education Guide for 2020! I know that this year has been challenging for everyone and the transition to online learning has not been easy. This is why the Education Portfolio has focused on consolidating resources and information in order to provide law students with guidance on how to make the most of the current situation and prepare them for their academic career ahead. From academic tips and tricks to mentoring opportunities and wellbeing support, we wanted to ensure that everyone was able to get something out of the Guide. I’d like to particularly highlight the hard work of all those involved in putting together this year’s edition. Thank you to the Education Publication Directors, Danny Ng and Samuel Choi for their incredible work in the layout and design of the guide. Further our Academic Development Directors, Brandon Zheng and Hae Eun Park have worked hard to provide us detailed and informative content for the guide, I’d like to thank them for their time and effort.

Bonnie Wang and Anvi Kohli, our Student Wellbeing Directors and Kevin Shaji our Student Mentoring Director have also been incredible in their contributions to the guide and we are so grateful to have had them on board. On behalf of the Education Portfolio, my hope for the readers is that you’re all able to gain some value from the Guide. I hope that our team, in some shape or form, was able to have a positive impact your academic experience in UNSW Law. In saying that, I wish you all the best very for the upcoming term!

Rafia Islam UNSW Law Society Vice President (Education) 2020

Preparing for classes

READING CASES IMPORTANCE OF READING CASES Cases are fundamental as they outline a principle, a legal test or demonstrate how a legal problem is applied in a real world context. Thus, it is crucial to understand why these cases are important and what we can draw from them. It is also important to know how to use case authorities. Questions that are provided by exams and assessments will rarely give you the opportunity to apply a case without any follow-up from the facts provided. As such, it is important that concepts are understood and can be explained with understanding during examination periods.

TIMELINE OF CASE READINGS SKIM READING

DETAILED READING

Skim over the case, while taking note of any headings, keywords or important sections. It is important to identify these sections, so as to avoid time being wasted. If cases focus on a modern test/approach, do not focus too much on the historical or earlier texts that have been rejected.

Read the material and cases again, focusing on the most important aspects. Take some notes for class and jot down any ideas or points that come to your attention. It is important to read all elements of a case as it may pertain to information that can be critical for exams or assessments.

CLASS PARTICIPATION

NOTE-TAKING

During class, it is important to take the ideas that have been discussed in the readings and apply them. This reinforces your learning by bringing light to areas that the readings were not able to provide.

Depending on who you are, this process can be done before or after classes. However this varies greatly so tailor the approach for each course.

ELEMENTS OF A CASE NoÂ judgment is the same and each judge will have their own style of writing. Each element that exists in cases will be different and have varying importance depending on the case. As such, it is important to understand the value of each element in each case and to use them rather than merely citing them.

HEADNOTE Brief summary of the case found at the top of the judgment. Helps to understand the overall frame of the case.

REASONING Judges' steps of reasoning to reach their decision. Dissenting judgments are other ways to resolve ambiguity and provide another analysis to arrive at a different conclusion

ISSUES Tells us the ambiguity the courts were required to solve. Usually leads to a development of a legal test or will deal with a principle or idea that can be used during exams.

MATERIAL FACTS Provides context to the dispute while the particular legal principles and ratios are applied.

REMEDY SOUGHT What exactly did the plantiff want to achieve by bringing this case to the court? Provides a clearer understanding of the issues the courts will attempt to solve.

OBITER DICTA Comments made by judges that were not critical to resolving the issues to the case; these can be useful to understanding the rationality of the courts.

RATIO DECIDENDI The principle of law or legal reason that allowed the courts to come to their decision.

DECISION Sets out the outcome of the case and which side was successful.

PRIOR PROCEEDINGS provides context to how the case arrived at the court for the judgement we read

TIPS ON NOTE-MAKING We all take notes. Itâ&#x20AC;&#x2122;s an incredibly useful way of taking down information and writing it in a structure that makes sense to us, particularly if there is a lot of detail or connections between different ideas and principles. Here are a few key principles of note-taking that should be understood, regardless of how you make your own notes.

TAILORING NOTES FOR THE SITUATION

Class

Exams

Gain a detailed understanding of the topic Done to facilitate class participation and discussion Can be used for assessments Forms the basis of exam notes

Easy to read under the exam pressure Methodical and well structured to establish clear flow of ideas Clear and concise to prevent misinterpretation

REMEMBER Different courses have different notes Keep track of the main themes Notes are used to refine your understanding Your own notes are always more helpful than someone elses Notes can help consolidate different sources Notes are to be used for revision and not be archived

CLASS PARTICIPATION Class participation is a formal form of assessment for most Law courses, and refers to the quantity and quality of students’ participation in class. As UNSW has a tradition of teaching in an interactive discussion-based format, participation by students in class is fundamental to learning.

GENERAL UNSW LAW MARKING CRITERIA Reflective, responsive and respectful towards Familiarity with set readings and relevant material other perspectives Evidence of preparation for class Frequency of participation

Willingness to consider alternative viewpoints, no domineering, willingness to admit lack of understanding

Relates to the number of contributions across the term

Clarity of expression/articulation

Quality of participation Relevance, evidence of critical thinking and demonstration of ethic/professional values

Demonstrated comprehension of nature of question Ability to identify issues, provide analysis and apply the relevant law concept

TYPES OF CP Voluntary CP: asking questions, answering questions and posing statements of opinion to the class.

Ability to formulate responses in clear, succinct terms; general oral skills and presentation of persuasive argument

Initiative in generating discussion where appropriate Willingness to raise pertinent and thoughtful questions

Level of engagement Contribution to group environment, attitude to learning and attentiveness in class

HOW DO LECTURERS GIVE MARKS? There are a few methods: Start at zero: not just a matter of attending class; students must earn marks.

Required CP: a teacher will direct a question to a particular student; but don’t be afraid to answer “I don’t know."

Start from halfway or at an average: students can gain or lose marks, depending on what they do or don't do.

Pre-warned CP: a teacher may allocate a question for a student to answer next lesson (eg, a “duty class” or “expert panel”).

Maximisable marking: CP can be used to improve a student’s score, but not to reduce it. It is an ‘add on’, particularly for those students who contribute well in class, especially in larger classes. Using this method, CP marks can be used to reward students whose marks do not fairly reflect their performance during the semester.

Prepared CP: a teacher may provide an activity to the class, and one or more students may be asked to contribute

7 TIPS AND STRATEGIES TO ACE CP It's all about the momentum Anyone who has ever received a good CP mark will say that you need to start somewhere. Whether it’s with something as simple as the facts of a case or a question you had from the readings, start with something. You’ll find it takes a load off your chest and that it’s easier the second time. The more you do it, the easier it gets – until CP is practically natural for you.

Set yourself goals

Marking Criteria Codes C = critical comment D = descriptive comment Q = question which raised issue R = comment showing student has done readings E = link to everyday life P+ = positive contribution M- = less useful contribution I? = intriguing/interesting contribution

Once you’ve gotten the confidence to make some contributions, set yourself some targets. Identify classes in the schedule that you find interesting or that you understand, and aim to contribute at least once in each of those classes. You could also choose to contribute once a week to class participation for a given law course. Either way, having a plan for CP and sticking to it, is one of the best ways to succeed.

Regain the initiative Many students can find it difficult to contribute once they’ve stopped making contributions for some time. It’s good to try and ‘regain the initiative’ – if you haven’t spoken for a few weeks, or for the first half of the semester, you can start again in any law class and build up your momentum. Plenty of interim CP marks have read ‘started slow, but now making good contributions!’.

Good CP is about having an opinion CP isn’t about rehashing the readings, but about challenging views, listening to someone else’s perspective and trying to discover the truth for yourself (marks are given mostly for quality, not quantity). Whether you’re doing readings or just listening to class discussion, try and form your own view – there is no right or wrong – and make a contribution. You’ll be surprised at the impact your opinion can have in improving discussion.

CP isn't just about being smart or saying the right things There is no right and wrong about CP, because everyone has a different opinion. CP is never as simple as giving the correct answer to a question, because the law is about different ideas and viewpoints. You may not consider yourself a brilliant law student or have a total grasp of readings, but it doesn’t mean your contribution is any less valid. On the contrary, your view is a wholly unique one and it’s just as good a contribution as any.

There are no silly questions Ever had a situation where you wanted to say something or ask a question, but decided not to, just before someone else said exactly what you were thinking? Well this happens a lot. Don’t hold back when you’ve got something interesting to say!

Class participation can make up between 10-20% of your mark for any Law course. Your CP mark will likely be a reflection of your engagement in class, and the effort you put in. CP could mean answering questions (or asking questions) in class, contributing to Moodle discussion forums, or doing online quizzes. CP can be challenging and nerve-wracking for some people, but remember that your lecturer would much rather see you have a go at a question, then to never attempt answering and sit silently in class for the whole term! Bonnie Wang | 4th year Arts & Business/Law

.The biggest misconception about CP is that it is something to suffer through, when in fact it’s the one of the best opportunities you’ll get to develop your own self-confidence, to engage with the course, and to get easy marks. Daniel Kim | 2nd year Arts/Law

CP is about forming our own views not about the expectations of others Whether other students or even the lecturer agrees with the view you put forward isn’t really the point. CP is a chance for you to challenge, correct or amend the position or ideas you have on an aspect of the law in the readings. In fact, other people might have their own views - putting yours forward allows you to develop a nuanced and well thought-out view. Good CP can help you form a strong opinion or view for your next essay or mid-semester assignment.

STUDY GROUPS Study groups are a great way to meet other students, get close to friends and of course learn course content. ‘Silly’ questions you might be afraid to ask teachers may be easier and quicker to ask to your friends, than waiting for the next class or waiting for an email reply. Be careful with study groups – sometimes you may all agree on an answer or perspective on an issue that may be incorrect, so if unsure you should ask your teacher for help.

A NOTE ON ACADEMIC MISCONDUCT

While working with friends in study groups is a great way of learning from and teaching one another, a line should be drawn when doing assessments. Generally, you should not be working with other students on take-home assessments – this includes asking your friends what they may think of a particular legal issue, or how they have answered a question. Remember, also both asking for and giving help may be seen as academic misconduct. UNSW uses the Turn-it-in plagiarism checking software on many assessment items – you should always cite sources according to the latest AGLC edition and attribute any ideas to their owners. Academic misconduct is a serious incident and can affect you in your tertiary and legal careers. You should check the official academic policies on the UNSW Law website or ask your lecturer.

ONLINE CLASSES

SinceÂ Term 2 of Law School will be fully online, we wanted to give you some tips and tricks on how to excel in your online learning and classes! Below are some steps we believe will help you get comfortable with virtual study.

STICK TO YOUR TIMETABLE: Watch your lectures/tutorials at the time they are supposed to be run (as you would if classes were run in-person). This will ensure that you stay on top of course content throughout the term.

START YOUR READINGS EARLY: Try to have each lessonâ&#x20AC;&#x2122;s readings done before your class. Set aside specific days/hours of the week for completing your readings and stick to this as much as possible throughout the term to avoid falling behind.

WRITE DOWN TRICKY CONCEPTS: If there are particular concepts or topics that you find confusing whilst doing your readings, write it down somewhere so that you can remember to ask your lecturer for clarifications in your next online class; or email them.

PREPARE YOUR OWN NOTES: This will ensure that you are actively engaging with the material. The methodical process of synthesising information and reproducing it in your own words will allow you understand the information on a deeper level.

Preparing for assessments

LEGAL RESEARCH Legal research is a crucial skill, both as part of your education and your future career as a lawyer. It focuses on the materials that will help you to determine the appropriate legal principles to apply to any situation. When doing any sort of legal research, it is important to have a strategy and be aware of how to find sources of law and various other resources. A common method is to start your search broadly with journal articles before delving deeper.

TYPES OF MATERIALS USED IN LEGAL RESEARCH

Databases

These can be used to find a wide range of different materials, including legislation, cases, academic articles and electronic textbooks.

Some Sources LexisNexus AU WestlawAU Austlii CCH Jade Barnet

Textbooks It is crucical to rely on your textbook. It provides great insight on legal texts that is very digestable to students.

Academic Articles Academic articles are a way to gain a strong insight into a particular topic of law. They can also lead to the main cases that cover certain principles.

UNSW Library is also a good entry point to start your legal research journey!

AGLC Tips & Referencing The release of a new edition of the Australian Guide to Legal Citation may be confusing for law students new and old. It is important to read the guide thoroughly, while taking notes to understand the importance and value that referencing can provide. This should be done to substantiate your arguments and provide streamlined access to more information if your reader wishes to.

ESSAY WRITING The 5 types of essay formats used by UNSW Law for assessments

Essay This is where students will get a question along with all the required research material (such as books, articles and cases). The primary purpose is to introduce students to the basics of legal research and develop their writing and comprehension skills.

Research Essay The topic or a question will be provided, but little to no material will be given. This is a common assessment tool in courses with policy discussions, such as Criminal Law and Administrative Law. The focus here is on the student developing independent research skills, while fine tuning general writing and comprehension ability.

Thesis Essay For more senior courses, students will get to choose the topic and conduct independent legal research, with all formal scaffolding removed. The emphasis is on higher level abstract thinking, research skills and conceptual understanding.

Court Report Combining significant aspects of â&#x20AC;&#x2DC;experiential learningâ&#x20AC;&#x2122; the court report assists in developing a studentâ&#x20AC;&#x2122;s conceptual understanding of the law. The assessment task can be both specific and general, meaning it can be adapted to different stages of the program. In a general approach, students are invited to think about various aspects of the trial, court processes or other aspects of the adversarial system of justice. Students attend courts and describe their observations within the context of the class themes. A more specific approach would be for students in a particular course to attend a particular type of court or tribunal then to report on the specific operation of that body in the context of their specific course, or in relation to a particular legal provision.

Case Note Currently only for the Introducing Law and Justice course, a case note focuses on an allocated case, with students analysing the case and providing brief commentary on a topic related to the case. The focus is on introducing students to writing concisely and understanding topical issues related to a case.

GENERAL STRUCTURE OF AN ESSAY

Intro

Orientation Thesis statement: Answer the question at the start. What are you actually answering in response to the question? This makes the marker's job easier because they know exactly where you are going. Examples: “this essay argues that..." Outline what you are going to say

Paragraphs

Body

• Based around certain points. • One point one paragraph (should be about 250-350 words in length)

Sentences • Put the main idea at the start, then modify it or qualify it afterwards. • Topic sentence: don't use quotes as the topic sentence but use your own voice instead.

Using headings • Keep them simple. E.g. ‘Duty of Care and Recreational Use.’ • Phrase should have a legal tone.

Using evidence • Use direct quotes sparingly - it can begin to look like somebody else’s work. • Paraphrasing - use for more specific points you want to make. • Summarising – always about an overview. However, if you’re mostly summarising, this can become too general.

General rules • Strike a balance between all these • Use at least 2 pieces of evidence to back up your claims. • Use the 60%/40% rule: your voice/their voice.

Synthesis • What in the evidence is not convincing to you? • Make a judgment! Your job in terms of being critical, is to say in writing – which one of these arguments is more convincing or persuasive and why?

Evaluation – your voice and being critical • Your Opinion – we want more than an opinion, we want an argument. • Taking your opinion, testing it = Argument. • To what extent: E.g. to a small extent, to a reasonable extent, etc.

Conveying your voice • • • •

Your thesis The ideas that you choose The organisation of the points you make. Start with your most important ideas. Structural elements: o Transition signals (however/therefore/nevertheless) – this is “the glue” o Reporting verbs • Brown states / claims / argues o Dialogue between the different sources: • Create dialogue between different ideas and put yourself into that • This involves using your own ‘attitude’

GENERAL UNSW LAW MARKING CRITERIA Structure Clear introduction, body, and conclusion Topic definition Clarity of scope/delineation of scope of essay Argument Logical flow in proposition of evidence Integration of evidence Consideration of contrary positions/viewpoints Research Evidence of sufficient independent research to adequately address issues in topic Use of appropriate sources Evidence of awareness of relevant issues from class readings Citation and referencing All sources acknowledged Correct and consistent citation Bibliography

Analysis and critical thinking Demonstrated understanding of primary & secondary material analysed Reflection (engages with material and demonstrates independent thought Conclusions drawn Different perspectives evaluated Identification of knowledge gaps Ability to weigh sources by evaluation and judge Awareness of ambit sources Style Use of own words, as appropriate Grammar, sentence, paragraph structures, etc Appropriate tone/voice - minimal verbosity

PROBLEM QUESTIONS Problem questions are an extremely common type of law school assessment that aim to test your understanding of legal principles by asking you to apply law to fact scenarios in the form of legal advice and/or opinion. This emulates real-life legal practice by asking you to provide an answer to legal issues and facts in client advice letters or from client interviews. You must carefully consider your approach to any problem questions. They are usually presented as a narrative, outlining background context and events. As such, there will be many facts which you must pay attention to in answering your question. Lecturers may also include irrelevant information. You must use your discretion when answering these questions, and should refer back to the facts to see if you've missed anything in your answer.

4 STEPS TO APPROACH A PROBLEM QUESTION Read the question and take notes Read the question multiple times; your first pass should be to familiarise yourself with the context and facts, and the next few passes should be you figuring out how to answer the question. Always keep in mind what you are supposed to do. Failing to do so is an EASY WAY TO LOSE MARKS. For example, if you are asked to evaluate the effectiveness of a tribunal you should ideally spend more time analysing statistics and government reports instead of just describing tribunal functions. Figure out who/what you have been asked to advise and if there are any limits or stipulations in place. Always remember that there will be some facts that are red herrings. However, you should still pay attention to all the information as much of it might become useful later.

Answer the question See "Answer Structure" section for how to answer the question.

Present counter-arguments This is an important and often underrated part of answering problem questions. Many people fall into the trap of arguing too strongly for one side instead of considering the facts and law carefully and drawing a conclusion from there. Make sure you know your defences and vitiating factors just as well as you know your offences. If you look at the marking criteria for a lot of law subjects many of the HD and D range responses "discuss" and/or "consider a wide range of arguments" instead of merely advancing a single argument. Good phrases to use: o In the alternative… o However, there are relevant defences/mitigating factors… o The law in this area is contentious because... o This depends on the Court's interpretation of the law/contract/facts…

Evaluate your work For physical (timed) exams, this is an opportunity to look over your answer and make sure you're not missing important components. Usually this is the best opportunity to redo parts of your essay if you haven't adequately answered the question. For take-home exams this is even more important. There is no excuse for losing marks to spelling errors or referencing issues in a take-home, as you have had a significant amount of time to complete the exam. Make sure to comply with all requests from the faculty: o Generally, the font must be Times New Roman size 12 and double-spaced if typed. o Requests for additional details (e.g. cover sheets, your name + zID written at top of each page) o Headings are AGLC4 compliant.

ANSWER STRUCTURE There are many ways to set out an answer, all with their own fancy acronyms (e.g. IRAC, MIRAT, IRAT, etc.). Choose one that works for you. Two ways you can employ these methods in your answer are: 1. Do one IRAC for each identified legal issue. 2. Do one general IRAC for the entire answer, especially when the question is very broad. This approach is uncommon as most questions involve multiple issues instead of one large one. A good answer should include at the very least: • Should be brief; this part of your response demonstrates to the marker that you have spotted the legal issues and know what the relevant factors are.

1. Legal Issues & Material Facts

• Only include necessary issues and facts. There is no point in adding unnecessary information as this wastes time and word count. • You can generally assume that the marker is aware of the facts and so any facts you do choose to include should be relevant and material to answering the question(s). • Try to avoid making too many assumptions. Deductive reasoning is generally okay, but you usually shouldn’t have to do it regarding the facts. • If the question is more theoretical or involves discussion of policy, this part of your response may be longer. • This section should not be too long either and should only include what law is necessary to adequately answer the question.

2. Relevant Law

• You can also include a little discussion of the law where it is tenuous (e.g. you are using cases from other common law countries that have not been cited with approval in Australia) or if the question is asking your opinion on the law. • It can be tempting to devote an excessive amount of effort on this section. DO NOT DO THIS. You are still perfectly capable of scoring a high mark even if you only briefly discuss the relevant law so long as you hit all the relevant points. • You may also outline any applicable defences and/or mitigating factors, but some prefer leaving this to the application section.

• This section scores the most marks and is where your markers will pay the most attention.

3. Application

• You should apply the law to the facts in this part and analyse what this means for the question you have been asked. Some important considerations: o How does the law apply? o What facts are important here? o Do some of the cases in your readings have similar facts to your problem question? o Is the law clear or unclear? Should I discuss this? Will it impact my answer? o Am I answering the question? Or is my discussion irrelevant? • Are there any relevant defences (e.g. self-defence for murder) or other relevant factors (e.g. contributory negligence for tort)? • A really good tip is to give the facts of similar cases. You could argue either way regarding the ruling of the case; either the facts are so similar so as to justify the court ruling the same way for your problem question, or there are sufficient differences to justify a different outcome. o Could compare the similarities and differences and make an argument either way. • However, you should resist the urge to go overboard in this area. The lecturers are likely to include red herrings in the facts which might encourage you to explore irrelevant avenues of argument. For example, in administrative law there is no need to discuss every single avenue of review as many of them are unlikely to be relevant.

4. Conclusion

• Should be tentative, to reflect that this is the best conclusion you can make based on facts. • Keep in mind that the conclusion is generally not as important as the application; so long as your conclusion is derived logically from your arguments your marks should be decent. • Remember to answer the question! • Good phrases to use in this section: o It is therefore likely/unlikely that… o The Court will possibly… failing that, the next alternative is… o The Court may find either that… or… which means that… o Depending on the construction of the contract it may be that… o The elements of negligence/assault/breach etc. are likely/unlikely to be made out…

NOTE: Some people prefer stating the material facts prior to the legal issues, but this is a matter of preference. None of these rules are hard and fast and you may modify them as you see fit (similar to writing English essays in secondary school).

SAMPLE PROBLEM QUESTION NOTE: This resource has been developed by the UNSW Law Society Inc. It is intended only as a guide on how to approach problem questions generally. It is not a definitive instruction on how to answer a problem question. In addition, your answer (in addition to these problem questions) should generally never be this short. It would be advisable to consult the Law Faculty or even some of your friends to see full-length model answers, but make sure not to plagiarise work.

Contracts Sample Problem Question Dag wishes to purchase Thant’s house for his brother Antonio. They talk it over for a few weeks and finally agree on a sales price and some terms. Thant promises via text to help renovate the house for free as part of the negotiations. Thant invites Dag over for some beers and they chat over the agreement. They draft up a contract in Microsoft Word with the following terms: “I, Dag, agree to purchase Thant’s house at 350 Fifth Avenue, NSW, Australia for the sum of $100,000. Thant warrants that the house is free from fault and is of a suitable condition for living. This contract is binding and executed when signed in counterparts. If any part of this contract is rendered void and/or voidable then that term will be severable if doing so will not materially change this contract. This contract is to be executed within two (2) business weeks of the signing of this contract.” Dag is about to sign the agreement when he remembers Thant’s promise to renovate the house. Dag reminds Thant of his promise and Thant verbally agrees, saying that he’ll renovate the house for free. They both sign and Dag transfers the money to Thant’s account using PayBuddy, a payment processor. However, PayBuddy is experiencing some issues and the payment fails to go through. However, Dag later finds out that the house is actually owned by Thant’s cousin Kofi and PayBuddy’s issues. Thant also ignores his texts about the free renovation. When Dag contacts Kofi directly, Kofi claims he doesn’t know what Dag’s talking about. Dag calls Antonio and tells him everything about the agreement. Antonio comes to you and asks you whether he or Dag can enforce the contract against Thant. In absence of that, he wants to know what remedies are available to him. Do not discuss any criminal penalties or actions.

Approach There are quite a few legal issues present, but for the sake of simplicity we’ll only focus on the enforceability of the written contract (hint right there) from Antonio’s perspective. You can try the others for practice. The first thing you should think about here is how to structure your answer. There are several legal issues that you will need to work through, and it would be advisable to figure out an order to approach them in. For example, it would be prudent to first discuss the contract from Dag’s perspective as he is a contracting party. This way you can get offer, acceptance and consideration out of the way so you won’t need to discuss them again for Antonio.

Legal Issue Enforceability of the contract from Antonio’s perspective.

Reasoning This issue is a matter of privity. It would be best to outline the doctrine of privity here and relevant cases. You could point to the High Court authorities of Coulls v Bagot’s Executor & Trustee Co Ltd (1967) 119 CLR 460 and Port Jackson Stevedoring Pty Ltd v Salmond & Spraggon (Aust) Pty Ltd (The “New York Star”) (1978) 139 CLR 231.

Application How does the doctrine of privity apply to this present case? We know from the facts that Dag wanted to purchase the house for Antonio. This sounds similar to Coulls v Bagot’s, where a husband contracted to pay quarry royalties to himself and his wife. In that case, the majority held that the doctrine of privity precluded the wife from receiving royalties as she was a beneficiary and not party to the contract. However, a good student would also discuss the dissenting judgements. They might also point to how the facts differed between Coulls v Bagot’s and the present case; Ms Coulls signed the contract whereas Antonio didn’t, and there is also the matter of consideration. A student might also discuss agency and whether Dag might have been an agent authorised to contract for Antonio. Reflect on whether this case is similar to the seminal judgement of Port Jackson Stevedoring v Salmond (hint: it isn’t, but even making that point is good).

Conclusion Draw a tentative conclusion based off your application of the law to the facts. As long as you have created a coherent and logical argument you should attain decent marks. If you’re feeling really clever you might note the statutory requirements for the sale of land, or that the lack of Torrens title transfer means the contract will not be effected, but this is not as important as applying what you have learnt in contract.

ONLINE EXAMS & ASSESSMENTS

ASSIGNMENTS

Start your assignment as soon as possible after it is released. At the very least, read the assignment question as soon you can so that even if you don’t start it straight away, you’re able to deliberate on it. Give yourself time to properly plan out your response before starting to write. Try to draft out a rough plan about the points you want to discuss in your response and in what order you will argue those points. This will allow you to envision the bigger picture of your response. Remember to write clearly and succinctly. Using big, fancy words will not necessarily give you an advantage if your use them in a clunky or convoluted manner. Pay close attention to your references to ensure they are all AGLC4 compliant! This is an easy was to earn (or lose) marks.

Prepare exam notes as you would for a timed, invigilated exam – you should not be using the 24 hours to revise the content for the first time. Try to make sure that you are genuinely prepared to start answering the exam question as soon as it released. Give yourself ‘reading time’ (as there would be in a formal exam) to read through the whole paper once before you start writing. This will give you an idea of how long you should spend on each section of the paper. Set mini checkpoints for yourself within the 24-hour frame. For example, set a time for when you aim to have each question completed by, when you aim to have the first draft completed by and when you aim to start editing your response by. Don’t sacrifice sleep during this period. Your brain and body need adequate rest for optimal performance, and it is much more beneficial to come back to the exam with a fresh mind after a good night’s rest.

TIMED AND/OR INVIGILATED EXAMS

24-HOUR EXAMS

If possible, have a go at answering a past paper before the actual exam. This is the best way to prepare timed and/or invigilated exams yourself for how to handle the types of questions that are likely to be asked in the exam. For an even better simulation, try to complete the past paper in timed conditions. Use the reading time wisely to read through the whole paper. This will alert you as to what’s coming and any potentially difficult sections of the paper. This should give you an idea of how long you should realistically spend on each section of the paper. Usually, in timed exams, full AGLC4 citation will not be required. It will generally be sufficient to write the case/statute/author’s name and underline it (unless specified otherwise). For online timed exams, remember to leave yourself enough time to submit your response. Do not risk submitting it last minute, particularly because many people would be trying to do the same.

GENERAL FINAL EXAM TIPS PRACTICE EXAMS Start doing practice exams early - this can help you understand what the paper will look like Be mindful that exams and content change term-toterm and year-to-year Adapt your notes with new concepts/sample arguments as you do the papers To search for papers, log onto UNSW Library with the course code and 'exam', ask your lecturer or make up your own!

WHAT TO WRITE You may consider using counter-arguments as often, the exam question may not give you a definitive answer - look to the mark allocation to gauge how long you should spend on the counter-argument! It may be worthwhile to consider an 'in the alternative' scenario, even if your response suggests something cannot be proven; e.g discuss the hypothetical breach even if it is unlikely there was a duty of care owed.

HOW TO WRITE (IN-PERSON EXAMS) Speed: aim to write at a good pace and be mindful of writing too fast as this may make your writing difficult to mark! Handwriting: Be as neat as possible, use headings and try to leave enough space in between responses to make it easier to read. Dot points: Generally, it is best to write in full sentences, but if you are very short of time you may want to start writing in dot points.

Getting Support

ACADEMIC DEVELOPMENT The Academic Development team are a Law Society portfolio responsible for organising and running education-related events with an eye to improving academic skills. We are also involved in gathering and presenting academic material to provide you with more exam resources, and helping the Law Society and Faculty better understand educational issues impacting law students.

We also work in conjunction with other portfolios and organisations to provide support for their initiatives. The most prominent of these events are our final exam revision workshops which run every term, where our talented presenters walk you through how best to approach exams for specific subjects. Different courses involve different types and styles of assessment, and what works for torts won't necessarily work for civil procedure. We also run workshops in other important skill areas such as legal research, writing and general note-taking. Our aim is to complement what you've been taught in lectures and tutorials by creating resources from a student perspective. Studying the law alone isn't enough to maximise your marks or to become an effective legal practitioner, and that's where we come in. However, we also need your help. The Law Society is a student organisation run by and for students. If you have any feedback or suggestions, please don't hesitate to contact us at "academicsupport@unswlawsoc.org".

CAREERS COMPASS PROGRAM It can be quite daunting to understand what you want to do when you graduate, and the steps that you need to take to get there. Luckily, that’s where UNSW Law Society’s Careers Compass Program can help! The program provides students of all years with opportunities to gain professional development by connecting you with someone that can help you understand the range of possible career options that are available with your degree. Ultimately, having someone who you can rely on and who genuinely wants to help you succeed is invaluable.

This year the 2020 Careers Compass Program has been postponed due to COVID19 restrictions, but don't worry because we hope to resume mentee applications very soon! Please keep a look out for announcements on The Brief and the UNSW Law Society Facebook discussion group.

WELLBEING It can be hard to strike the right balance between university and other areas of our lives, and this has the potential to impact our physical and mental wellbeing. Whilst there are a range of practices we can implement into our own lives to try and safeguard our wellbeing, we don’t always have complete control over our physical and mental health and its impact on our lives - but that’s okay. LawSoc Wellbeing and UNSW have a wide range of services and support systems in place that you can access. Have a read so that you can be more informed about what services you can access.

LAWSOC WELLBEING & THE WELLBEING WARRIORS LawSoc Wellbeing aims to run events and create resources which assist students in maintaining their physical and mental wellbeing. University is challenging for all of us, and we hope to equip you with information that helps you understand the importance of checking in with yourself and being proactive about maintaining all facets of your wellbeing. Lookout for our #WellbeingWednesday posts on Facebook and we’re also working on a range of other initiatives in the meantime. If you have any ideas for how we can improve our initiatives, please reach out to us at wellbeing.director@unswlawsoc.org.au - we’d love to hear from you.

ON CAMPUS SUPPORT UNSW has many support services which you can access. Have a read and stay informed about what's available to you. You never know when this might come in handy to you or a friend. Counselling and Psychological Services (CAPS): a Monday to Friday on-campus service where you can see psychologists, counsellors and other support staff free of charge. CAPS also allows you to make on the day appointments, if you need to speak to someone urgently. Special Consideration: if something has come up or has otherwise affected your ability to complete assessment tasks, you can apply for special consideration. This could allow you to submit your assessment at a later date, sit a supplementary assessment, or receive an aggregated mark.

Equitable Learning Services (formerly Disability Support Services): provides tailored support if you have a disability or health concern (including mental health). UNSW Health Service: provides on campus GP services for domestic and international students, and also has a range of online self-help resources you can access. A number of the doctors can also speak other languages such as Mandarin, Greek or French.

International Student Support: a team of advisors who can answer international students' questions about uni concerns generally, and broader issues such as visas.

UNSW LAW CAREERS SERVICES Graduates of UNSW Law have a broad range of career options after university. They can enter the legal profession or pursue careers in business, media, the arts, science, education, engineering, government and the not-for-profit sector, and many more. Among its alumni are judges, barristers, partners and solicitors in leading law firms, politicians, entertainers, academics and some of the most dedicated public and community sector lawyers in Australia. The Law Faculty’s dedicated UNSW Law Careers Service was established to help our students best position themselves to secure a rewarding job at the end of their studies. UNSW Law Careers team members have extensive experience working as lawyers in Australia and overseas. They can help law students navigate their transition from UNSW towards their chosen career path. Drawing on their experiences and resources, the UNSW Law Careers team aim to provide UNSW Law students with the tools and strategies to make informed decisions about employment opportunities. UNSW Law Careers also collaborates with employers, recruitment agencies and UNSW alumni to source and advertise a variety of current legal profession employment opportunities on a dedicated ‘Law Jobs Board.’

LAW PEER TUTORING The Peer Tutor Program is available to Law dual degree students and JD students in their first year of Law School. The aim of the program is to develop your understanding of legal concepts and skills needed for the study of Law. The program is available free of charge to any student who needs it, and students for whom English is a second language are encouraged to join the program as soon as classes begin. You can expect to meet with your tutor, a senior Law student, for one hour per week from Week 3. This is your opportunity to practice for class participation, to deal with materials that you find difficult and to practice your legal skills such as case-reading and statutory interpretation. It’s recommended that you get involved in the program for about six to eight weeks, depending on how you are going in your legal studies. Your teacher may also suggest that you join the program in order to improve your work. All first year students will be emailed early in the semester about how they can register for the Peer Tutor Program via Moodle.

THE NUCLEUS For more general support, The Nucleus is a fantastic first point of contact at UNSW, covering information, advice and forms. They will also refer you to other services if they are unable to provide help. In light of the COVID-19 pandemic, face-to-face services are currently being suspended, but the Nucleus can still be accessed at https://nucleus.unsw.edu.au/en

Services at the Nucleus Certifying documents Student ID Cards Third-Party Authorisations Applying for a review of results Changing personal details

LEGAL ADVICE AND SERVICES For more serious issues, there are numerous services that are offered by UNSW that can provide advice about any complaints or issues that you may face during your time at UNSW; these may be situations regarding your education or other matters.

For more information on the range of services UNSW has to offer, please visit student.unsw.edu.au/legal

These services can range from: Provision of legal advice Access to student support and success Raising complaints or grievance about the university Verification of documents Help with financial concerns