70103 Ethics Law and Justice
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70102c Foundations of Law OR (70120 Legal Method and Research AND 70115 Perspectives on Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
This subject engages students with an awareness and understanding of the role of ethics and justice in the legal system and in the legal profession. Students are introduced to theories of values, morals and ethics within the context of professionalism. The ethical responsibilities of legal practitioners, established through the common law, legislation and conduct rules, are addressed. An understanding of the role of lawyers in society and in the promotion of access to justice enables students to reflect on their own ethical approach to being a law student and a member of the legal profession.
The integration of practical and theoretical approaches to legal ethics provides a framework in which students can better integrate ethical priorities within their own moral framework. These approaches also include self-management strategies and skills to assist students to be resilient and reflective lifelong learners.
Students are also introduced to effective legal writing in this Introductory level subject, which complements the subject Foundations of Law. Communication is an essential skill for law students and legal professionals. Your legal writing skills are developed throughout your degree.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Reflect on, develop and articulate their principles of justice and response to the commitment and achievement of justice. |
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| 2. | Recognise ethical issues and discuss the relationship between personal and professional attitudes, values and approaches to decision making, developing their own ethical framework. |
| 3. | Plan and complete a variety of critical legal writing tasks using academic styles, structures and expression, supported by accurate referencing. |
| 4. | Respond appropriately in group discussions, identifying different roles within the group dynamic and practising active listening; developing strategies and skills to collaborate effectively. |
| 5. | Analyse, plan, monitor and reflect upon their own performance, identifying appropriate resources and utilising feedback to improve self-management skills and to develop self-awareness and resilience. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Ethics and Professional Responsibility
A capacity to value and promote honesty, integrity, accountability, public service and ethical standards including an understanding of approaches to ethical decision making, the rules of professional responsibility and, an ability to reflect upon and respond to ethical challenges in practice. (2.0) - Communication and Collaboration
Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0) - Self management
The ability to implement appropriate self-management and lifelong learning strategies including initiating self-directed work and learning, judgment and responsibility, self assessment of skills, personal wellbeing and appropriate use of feedback and, a capacity to adapt to and embrace change. (6.0)
Teaching and learning strategies
Strategy 1: Students’ Preparation for Learning
Students’ preparation, review and reflection outside the classroom are central to the learning in this subject. The self-management planning task during Week One is designed to help students prepare successfully and consistently for seminars. Students complete the online Effective Team Player Quality Audit (see UTSOnline) which they will critically analyse in in the self-management and reflection components of their SPARK submission. There is considerable reading required and students need to ensure they allocate time to ‘make sense’ of the materials for each seminar and test their understanding by reflecting on and considering their responses to the questions for discussion each week. Seminar Materials including materials students are expected to have read prior to class and questions for preparation each week are available on UTSOnline. Items such as recent cases, news reports, video clips and topical podcasts will be posted on UTSOnline and be referred to and discussed in seminars.
Strategy 2: Collaborative seminar discussions
This subject is based on learning in ‘small group’ seminars that are active, discussion based and collaborative. Students engage with one another and their seminar leader in discussion of ethical issues and questions to synthesise and elaborate upon their prior learning, reading and seminar preparation. This is where issues and questions from readings are addressed collaboratively and ethical and justice issues considered. Students are encouraged to ask any questions that arise from their reading. Students’ preparation, responses to discussion questions, and participation in weekly seminar discussions, form an important part of their learning. Preparation and seminar activities enable students to practise and test their capacity to apply an ethical framework to resolve ethical issues, and develop their communication, collaboration and self-management skills. Please Note: Consistently and actively participating in seminars throughout the session is an essential requirement of this subject.
Strategy 3: Collaborative Project and activities
Students also work in small teams on a range of collaborative activities to help them start developing and practising their strategies and skills for collaborative work. In the first few weeks, students are allocated to teams of 5-6 students and collaboratively prepare and present a Collaborative Justice Project to their peers. This project enables students to identify and reflect upon important contemporary issues of justice and on lawyers’ responsibilities for achieving justice; as well as test and gain feedback on their collaborative skills. Students will peer and self-assess their collaboration and participation in the Collaborative Justice Project and other activities throughout the session and receive feedback from their seminar leader.
Strategy 4: Planning, Reflection and Feedback
In Week Two students complete a short peer reviewed writing exercise in class which provides them with early feedback from peers. Students will then have the opportunity to incorporate the peer feedback into their writing and submit in Week Three. Seminar leaders will assess the written exercise and provide feedback by Week Four. Students can then incorporate the further feedback into their Essay. A range of additional peer feedback opportunities help students review, reflect and improve the skills they are practising. Throughout the session students will be reminded to plan and review their overall goals and progress by developing an individual self-management plan, then reflecting upon their learning and development. Each small group seminar also provides students with the opportunity for immediate feedback from their seminar leader and peers and to seek clarification of ongoing learning.
Strategy 5: Legal Writing workshops and activities
Legal writing is distinct from other forms of academic writing so a range of strategies are used to assist students to transition to the demands of academic writing at university and develop critical legal writing skills they will use throughout their law degree and career. Early in the subject students undertake a written task which is peer and seminar leader assessed and is worth five percent of their overall mark. Other seminar activities and discussions will provide opportunities to develop and test legal writing development. A recommended Legal Writing lecture is scheduled for Week 1 and Legal Writing workshops are also provided for this subject. These are designed to assist students to develop the specific written skills they will require for writing and assessment tasks in this subject (see Subject Delivery below).
Subject Delivery
UTSOnline: will be used to introduce the subject and for posting essential information, resources, news and announcements relevant to your learning. A copy of the Subject Outline and Seminar Materials are also posted in specific folders on UTS Online. Other relevant resources such as vodcasts and topical items will be posted on UTSOnline under Student Resources. UTS Online will provide a platform outside the classroom for you to get to know your peers.
Small Group Seminars: weekly three hour seminars commence in Week Two, with a maximum of 33 students. You need to enrol in a particular seminar and must remain in the same seminar throughout the session. These interactive seminars are not tape-recorded. Seminar leaders keep records of attendance and participation throughout the session so please inform your seminar leader if you are unable to attend a particular seminar.
Attendance and Participation: in all seminars is a requirement of this subject. Students who do not participate in at least 80% of the seminars from Week 3 to Week 12 inclusive will not be eligible for assessment in the 15% component of Task 2: Seminar Engagement and Collaboration. Students with relevant documentation may apply for Special Consideration in accordance with Student Rule 8.3.
Recommended Legal Writing lecture and workshops: Regardless of your background, we strongly encourage you to attend our dedicated essay writing lecture and workshops conducted by Deborah Nixon, the Law Academic Language and Learning Advisor. Workshop times are outside of class times – see below and on UTSOnline.
Legal writing is distinct from other forms of academic writing. Past success is often no indicator of ability within a legal context. Common errors for law students - at any stage - include:
- Failure to support statements with references
- Poor grammar
- Lack of formality in writing
- Lack of clear structure
- Offering unsupported opinion pieces rather than systematically argued legal essays.
Indeed, these errors occur as often with students who are fluent English speakers as they do for students from a non-English speaking background. Further information will be available via UTS Online.
Recommended Referencing Workshop-Referencing with Australian Guide to Legal Citation
Referencing correctly is extremely important at University. In Law we use the Australian Guide to Legal Citation. We strongly encourage you to attend one of the referencing workshops being conducted by the Library.
Essay writing workshops:
Monday 10 April - 5.30 - 7 pm CB05C.01.020 or
Tuesday 11 April – 9.30 - 11am CB05C.01.020 or
Wednesday 12 April – 2.00 - 3.30 pm CB05C.01.020
Optional Exam preparation workshops:
Monday 22 May - 5.30 - 7 pm CB05C.01.020 or
Wednesday 24 May– 2.00 - 3.30 pm CB05C.01.020
Referencing with Australian Guide to Legal Citation
Thursday 16 March - 1pm in the Library training room 4J.
Thursday 6 April- 1pm in the Library training room 4J.
Content (topics)
1. See Program below
2. Introduction and Legal Writing
3. Professional Identity. Resilience.
4. Ethics, Justice and the Law.
5. Access to Justice - Social/Cultural Issues. Judges.
6. Admission and Regulation.
7. Collaborative Justice Projects 1-3. Access to Justice – Economic Issues.
8. Collaborative Justice Projects 4-6. Discipline.
9. The Lawyer-Client Relationship: The Retainer & Duty of Representation. Duty to Account. Duty to Advise.
10. The Lawyer-Client Relationship: Duty of Competence and Care. Duty of Loyalty.
11. Duty to Court and the Proper Administration of Justice
12. The Lawyer’s Duty to Colleagues and Third Parties.
Assessment
Assessment task 1: Legal Writing
| Intent: | This task has two components, Part A and Part B. It introduces you to legal writing and to essay writing at UTS:Law. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 3 and 5 This task contributes specifically to the development of the following graduate attributes: 2.0, 5.0 and 6.0 |
| Weight: | 25% |
| Length: | Part A: Legal Writing Exercise – Weight: 5% 300 words (not including referencing and bibliography) Part B: Essay – Weight: 20% 1,200 words (not including referencing and bibliography) |
| Criteria: | Part A: Legal Writing Exercise – Weight: 5%
Additional briefing material and criteria for your Legal Writing Exercise will be available on UTSOnline. Part B: Essay – Weight: 20%
|
Assessment task 2: Seminar Engagement and Collaboration
| Intent: | To practise and get feedback on collaboration skills and self-management in weekly seminars and group activities with peers across the teaching session. |
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| Objective(s): | This task addresses the following subject learning objectives: 4 and 5 This task contributes specifically to the development of the following graduate attributes: 2.0, 5.0 and 6.0 |
| Weight: | 35% |
| Criteria: | Part A: Collaborative Justice Project (CJP)- Weight 20%
Part B: Seminar Preparation, Contribution and Collaboration- Weight 15%
|
Assessment task 3: Final Examination
| Intent: | The exam gives students the opportunity to demonstrate their understanding of access to justice issues and recognise and respond to ethical questions. It also enables students to evaluate the subject themes in response to short answer questions. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 2.0 and 5.0 |
| Weight: | 40% |
| Criteria: |
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Required texts
Ainslie Lamb, John Littrich and Karina Murray, Lawyers in Australia (The Federation Press, 3rd ed, 2015 )
Ethics, Law and Justice: Seminar Materials (Autumn 2017)
Recommended texts
Paula Baron and Lillian Corbin, Ethics and Legal Pofessionalism in Australia (Oxford University Press, 2014)
Gino E. Dal Pont, Lawyers' Professional Responsibility, (Lawbook Co, 2013)
Jerome Doraisamy, The Wellness Doctrines for Law Students and Young Lawyers, (Xoum, 2015)
Nickolas James and Rachael Field, The New Lawyer (Wiley, 2013)
Other resources
Useful Websites
UTS Library:
UTS Law Faculty Guide to Written Communication:
http://www.law.uts.edu.au/assessment/WrittenComm.pdf
NSW Legislation
http://www.legislation.nsw.gov.au/
Commonwealth legislation
LEGAL PROFESSION ADMISSION BOARD
The Legal Profession Admission Board (LPAB) is a self-funding body, created by legislation, responsible for making rules, approving the admission of lawyers to the Supreme Court of NSW in order to be entitled to apply to practice as a legal practitioner. Further information is provided on the LPAB website: www.lawlink.nsw.gov.au/lpab
To be eligible for admission, students must complete both the academic and the practical requirements of study. UTS is the only Sydney-based University that offers the practical requirement (PLT) at UTS as well as the academic requirement. Further information about Practical Legal Training (PLT) is available on the Law website: https://www.uts.edu.au/current-students/current-students-information-faculty-law/practical-legal-training-plt
LAW SOCETY OF NSW
The Law Society is the professional association for solicitors and located at 170 Phillip Street, Sydney. www.lawsociety.com.au
LAW SOCIETY OF NSW – YOUNG LAWYERS
Young Lawyers provides support and resources to solicitors up to age 36 or in their first five years of practice.
Membership is automatic and free and is available to law students. The Young Lawyers website has helpful information on resilience and wellbeing. Contact Young Lawyers through http://www.lawsociety.com.au/about/YoungLawyers/index.htm.
The Law Society and Young Lawyers have events throughout the year, advertised on their webpages of interest to law students.
NEW SOUTH WALES BAR ASSOCIATION
The Bar Association is the professional association for barristers and is located at: 174 Phillip Street, Sydney. www.nswbar.asn.au/index.php
