Unit-2 Professional Responsibility Legal Ethics
Unit-2 Professional Responsibility Legal Ethics is a solution of Unit-2 Professional Responsibility And Legal Ethics that describes about discussed in the seminar readings or as directed by your seminar leader.
? Understanding the main case(s), as discussed in the seminar readings or as directed by your seminar leader.
? Knowing how to cite those cases properly.
? Understanding the ratio decided holdings of law/key legal principles, as derived from the cases.
? Considering related legal principles and theories – precedent, procedure etc. as examined by the cases.
? Knowing the main legislative and rule provisions, where they are relevant.
? Understanding the relevant theories; secondary research; policy issues as raised by the judges and commentators.
? Being able to apply the law that you have read to small problems scenarios.
? Considering the way the law may need to be changed.
? Comparing and contrasting the theories and legal principles.
? Being able to confidently respond to questions about your topic.
? Understanding and using at least one method of dealing with a professional legal dilemma.
In order to do the above you must read and consider:
? Recommended readings for your topic.
? Extra material suggested via vUWS one week prior to your presentation.
? Points raised in the preceding seminars.
You are welcome to consider material beyond the list immediately above (for instance other textbooks), particularly if this will aid your understanding of the prescribed readings. However, you are under no obligation to do so – the prescribed readings and materials are sufficient from the perspective of your examiner.
You will not be examined on “extra” readings, unless you choose to mention that material in your dialogue with the magistrate.
You need to come prepared with a presentation on the topic allocated. You initiate the viva, by introducing your topic and the main issues that are raised from your readings. As you proceed, you should expect to be questioned and asked to consider things associated with your topic, so that ideally, the viva will become an interactive dialogue between you and the examiner/magistrate.
Keep in mind the need to acknowledge the sources on which you rely in your viva voce. Failure to cite sources appropriately is plagiarism. Plagiarism is considered an academic crime and warrants serious penalties. If students are unclear about what constitutes plagiarism, they should seek guidance from the unit coordinator.
? Note: Suitable attire for the viva voce is a business suit or outfit for women and men. You should consider the unrobed attire typically worn by legal practitioners and dress accordingly. You are advised that overly flamboyant, colourful or revealing attire may be remarked upon unfavourably. You are not compelled to purchase the recommended attire, if you do not already own it. However, you should consider wearing conservative clothing, including a jacket and tie for men.
The following protocols and procedures should be examined carefully, as they form part of the assessment criteria for the viva voce examination.
Unit-2 Professional Responsibility And Legal Ethics Advocacy protocols
? Bow on entry and exit to court.
? Never leave the bar table unattended – always ask to be excused, if the next advocate is not available to take over and the bench is still occupied.
? Never move around the room ‘US’ style.
? Always stand, when speaking or being spoken to by the Magistrate.
? Magistrates are referred to as ‘Your Honour’.
? Crown v Smith: The ‘v’ is spoken as ‘against’ in criminal matters and as ‘and’ in civil matters.
? Kirby J is ‘Justice Kirby’, not ‘Kirby J’.
? NSWLR is stated as ‘the New South Wales Law Reports’ (this rule applies to all abbreviations within case citations).
? Note the pronunciation of Mahoney “Marney”, indictable “indictable”, debt “det”, Meagher “Marr”.
? Always be respectful and polite.
? Begin ‘May it please the court, my name is Smith, S M I T H, initial A. My task today is to speak with Your Honour about the topic of X or the matter of ‘Y’, as appropriate.
? Never mislead the court as to facts or law. Always ‘know’ the law you are referring to, never guess it.
? Always try to keep your message simple.
? Prepare and practice.
? Speak to be heard and try not to speak too quickly or quietly.
? Maintain eye contact where possible. Do not read, except when quoting.
? Use reason not rhetoric, where required.
? Always make ‘submissions’ – never ‘feel’ or ‘opine’, unless specifically asked to do so.
? Avoid distractions and focus on your task.
? Have fun.
? Unit-2 Professional Responsibility And Legal Ethics Note:
The chapter written by Michael Brogan entitled ‘Advocacy’ in Local Court Criminal Practice (a Butterworths Lexis/Nexis publication available via the UWS library website) may be of assistance. In addition you might like to consider Chapters 11 and 13 of Brogan, Michael and David Spencer, Becoming a Lawyer (Oxford University Press, 3rd ed, 2014). The sites listed below might also be of assistance to you.
? Butler, D, and L Wiseman, ‘Viva the Viva: Oral Examinations in Contract Law’ (1993) 4(2) Legal Education Review 331-351
? Wolfe, J., ‘How to survive a thesis defence’, The University of New South Wales,freeassignmenthelp.com.phys.unsw.edu.au/~jw/viva.html
? Note: There are no current recorded models or exemplars of the viva voce examination.
Shows an understanding of basic legal and ethical themes or principles associated with the topic.
Student does not have grasp of information; or student cannot answer questions about topic; or student was generally unable to justify statements or positions.
Student is comfortable with general information associated with topic but is only able to answer rudimentary questions; or student attempted to justify statements or positions, but with little reference to any form of background or authority.
Student is comfortable with topic knowledge and answers most questions competently; or student was able to make some justifications of statements and positions, but not always effectively.
Student is at ease with expected answers to all questions, but fails to elaborate fully; or student was consistently able to justify statements and positions, with few gaps.
Student demonstrates full knowledge (more than required) by answering all questions with explanations and elaboration. Student was able to justify all statements and positions with reference to relevant authority and professional casuistry.
Uses and apply relevant legal principles and authorities.
Student does not have grasp of legal principle or authorities for topic; or student does not have grasp of distinction between legal principles and secondary sources; or student is unable to apply authorities.
Student is comfortable with legal principles or authorities for topic but is only able to answer rudimentary questions; or student is comfortable with secondary sources for topic but is only able to answer rudimentary questions; or student was able to apply authorities in a rudimentary manner.
Student is comfortable with legal principles and authority; or answered most questions competently.
Student is at ease with expected answers to all questions, but fails to elaborate fully.
Student demonstrates full knowledge (more than required) by answering all questions with clear reference to legal principle and authority. Student demonstrates full knowledge (more than required) by answering all questions with clear reference to secondary sources as required.
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