Court Observation Assignment Study Session

CLSS 2008

Structure of the session

• Introduction

• Short lecture (20 mins)

• Q & A (30 mins)

What you are really being tested on.

(Taken from the assignment):Aims • To provide a background for seminars and a

context for class discussion on the court system;• To observe, consider and reflect upon the role

and impact of the law and the courts; and• To reflect upon and present your own

understanding of the court proceedings observed and synthesise these with the views presented in the readings in a coherent and logical fashion.

Going to court

• If you haven’t yet gone to court, go now.• Keep a record of your cases (why you shouldn’t

have slept through legal research) for your appendix and footnotes.

• Sydney style guide: http://www.law.usyd.edu.au/cstudent/coursework/docs_pdfs/AppA_SLR_styleguide.pdf

• Unreported decisions• e.g. Mann v NSW Police [2007] NSWSC 888

Remember…

• This is not a research exercise, which means that you are not required to read beyond these materials in order to complete the assignment. But you should definitely read and if necessary, quote from the two articles recommended.

• You must include at the end of your essay a list of the courts and the times you attended. (An appendix.)

The issues and ideas on what to write about

• equality before the law; • procedural fairness; • poverty (including unemployment and

homelessness); • English as a second language and availability of

qualified interpreters; • nature and quality of legal representation (including

lack of legal representation); • differences in formal versus less formal settings; • role of the judicial officer; • mental illness or addiction of the defendants or

accused.

Example answer

IntroductionThe local courts and Criminal Court of Appeal ultimately serve the

same purpose of administration of justice through the legal system. However, the legal processes employed by the two courts differ in fulfilling this purpose. This essay will examine the formal and procedural differences between these two courts and explore problems of access to the law facing litigants in both these courts.

Paragraph 1 – Local courtsLocal and magistrates’ courts handle the vast majority of criminal

cases. In the 2003-2004 period, local courts were responsible for the judgements of 97% of criminal cases brought before the law. Due to the large number of cases tried on a daily basis, there is pressure for matters to be dealt with quickly and efficiently. This is important for maintaining public confidence in the legal system by creating the perception that “decisions in the magistrates’ courts are fair, impartial, transparent, efficient, and just”.

Conclusion

Central to the notion of justice is the belief that all people should be treated equally and fairly before the law. However, as this essay demonstrates, this is clearly not always the case. Where legal representation is unavailable, the integrity of the legal system is challenged. The presence of legal representation is vital in sustaining the law’s impartiality and neutrality, regardless of the court of law.

Appendix

Court observation dates

Hornsby Local Court on the 13th of March 0900-1400

Court of Criminal Appeal on the 20th of March 0900-1200

Getting that elusive and mythical mark, the HD.

• Use a lot of references appropriately.

• Do it not-on-the-night/morning-before.

• Have excellent and eloquent writing.

• Do some extra reading on the subject – it may give you some ideas.

Q & A

• Can I use headings in my essay?

Q & A

• Can I use headings in my essay?

Yes.

Q & A

• Can I use headings in my essay?

Yes.

• If I send you my essay, will you please help me correct/write/start it?

Q & A

• Can I use headings in my essay?

Yes.

• If I send you my essay, will you please help me correct/write/start it?

No.

Q & A

• Can I use headings in my essay?

Yes.

• If I send you my essay, will you please help me correct/write/start it?

No.

• When is the start-of-year party and how much will it cost?