1 FACULTY OF LAW Te Kauhanganui Tātai Ture LAWS 297: LEGAL ...

LAWS 297 – Legal Research, Writing & Mooting Course Outline 2013 

FACULTY OF LAW 

Te Kauhanganui Tātai Ture 

LAWS 297: LEGAL RESEARCH, WRITING & MOOTING 

COURSE OUTLINE – 2013 

Full Year (1st and 2nd trimesters) 

‘Legal interpretation, and thus legal reasoning, builds systemic relationships between rules and 

principles by envisaging them as parts of some human effort or purpose. Far from being merely an 

‚academic‛ aspect of the legal craft, systemic thinking penetrates all legal reasoning, including the 

practice of law application by judges and administrators.’ 1 

1. Course Coordinator 

Judge Peter Boshier (OGB 326, dir tel: (04) 914 4811, pboshier@lawcom.govt.nz ) 

The best way to contact me is by writing your name against an appointment time on the 

board outside my office, for an appointment during my student office hours, which are 

Mondays from 2.00 to 4.00 pm in term time. If you cannot make this time, please contact me 

by e-mail for an appointment. 

However please note that I am not available on the following days; 18 March, 1 April 

(Easter), 29 April, 27 May, and, during the mid-year break examination period from 10 - 28 

June. 

2. Course Administrator 

The Course Administrator is Kristina Keogh (OGB 225, dir tel: (04) 463 6315, 

kristina.keogh@vuw.ac.nz). Please contact Kristina in the first instance for all administrative 

queries re: enrolment in seminar classes, assignment dates etc. 

1 International Law Commission “Fragmentation of International Law: Difficulties arising from the 

Diversification and Expansion of International Law, Report of the Study Group on the International Law” UN 

Doc A/CN.4/L.702, 18 July 2006, [35] 

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3. Time and Place of Classes 

(a) Lectures 


The class meets as a whole for lectures for the first half of both T1 and T2 in RHLT1. The 

dates for these lectures are as follows: 

Trimester 1 

Monday 4 March 5.40 – 6.30pm 


Monday 18 March 5.40 – 6.30pm Presented by Professor Campbell McLachlan QC 


Monday 1 April 5.40 – 6.30pm 



Trimester 2 

Monday 15 July 5.40 – 6.30pm 



(b) Seminars 

The course of study in legal research and writing will take place primarily through a series 

of seminars, offered in groups of approximately 15 students, in which students will learn 

and practise the skills of legal research, reasoning, writing and advocacy. Each student will 

need to enrol in a seminar group. Each seminar group will meet 14 times – 10 times in T1 

and six times in the first half of T2. A detailed programme of classes is set out on the 

attached Syllabus. 

Enrolment for LRW classes will be done on-line through the S-cubed system. Enrolment 

into seminar groups will open on Monday 25 February 2013 at 9am and will close on 

Tuesday 5 March at noon. Full details of how to enrol including the time enrolments open 

can be found on Blackboard. 

The course administrator reserves the right to reallocate students if that is necessary to 

ensure all students are allocated a class that they can reasonably be expected to attend. 

(i) Tutors 

Each class will have an academic tutor, who will be your principal point of contact for the 

course. There are ten tutors in total, and they are all experts in legal research and writing. 

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Their names and contact details are: 

Nick Chapman (head tutor) 

Tai Ahu 

David Bullock 

Elizabeth Chan 

Maria Hook 

Sarah Jacobs 

Andrew King 

Sophie Klinger 

Mihiata Pirini 

Genevieve Taylor 

Benedict Tompkins 


nickchapman_nz@hotmail.com 

tai.ahu@vuw.ac.nz 

davidacbullock@gmail.com 

eht.chan@gmail.com 

maria.hook@vuw.ac.nz 

sarah.jacobs@justice.govt.nz 

andykingnz@gmail.com 

smklinger@gmail.com 

mihiatapirini@gmail.com 

genevievemtaylor@gmail.com 

benedict.tompkins@gmail.com 

In T1, each class will also receive special classes offered by specialist tutors in law library 

skills. 

(ii) Place of Classes 

All classes will be held in OGB 136, which is on the first floor of the Law Library. 

The two EXCEPTIONS are: 

(1) The online materials session in Week 3 (week beginning 18 March) will be in the 

computer lab, OGB GO1. 

(2) The training session run by trainers for LexisNexis and Thomson during March. Details 

will be provided through the S-cubed system. Please note that these sessions are in addition 

to your regular seminars. 

(iii) Syllabus of Classes 

A detailed syllabus for the course will be handed out with this Outline and posted on 

Blackboard. 

Classes will run throughout T1 and the first half of T2. They will conclude by Friday 23 

August 2013. 

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4. Course Content 


Effective legal study is not primarily about mastering the content of specific legal rules – 

despite the fact that your law degree consists of numerous courses, which, by their title and 

description, look as though they are about the legal rules which govern particular areas of 

human behaviour or activity. In fact, the content of the particular applicable legal rules 

changes all the time. The study of law in a university is therefore more about the overall 

architecture of the law and the dynamics of the way in which it operates and is applied. 

Therefore, the most important things you need in order to equip you for the study of the 

law, and for its practice (however you may choose to use your law degree), are the basic 

specialist skills of legal reasoning and analysis, legal research, legal writing and advocacy 

(or the art of argument). They are the key to successful study and good results at Law 

School. They are also the most enduring thing that you will take away with you when you 

leave Law School. They are unique to the study of law. Success in other subjects does not 

necessarily prepare you for what you need to master the study of law. 

This course offers you the opportunity to begin the process of learning these essential 

survival skills of the lawyer’s craft in earnest. The course thus offers an introduction to the 

four core skills of: 

(a) Legal Reasoning 

(b) Legal Research 

(c) Legal Writing; and, 

(d) Advocacy. 

It develops those skills primarily through practice: 

in analysing a legal problem through assessment of opposing arguments; 

in using the Law Library as your laboratory to enable you to find the authoritative 

legal sources relevant to your problem (which will be a combination of print and 

electronic sources); 

in writing with the clarity and precision required of the lawyer (and correctly citing 

the authorities upon which you rely); and, 

in advancing legal arguments before a tribunal – both in written and oral form. 

Since the course is skills-based, it will be taught through the use of assigned legal problems, 

which may be drawn from different areas of law. As an introductory course, it will focus on 

the law of New Zealand–both legislation and the common law of New Zealand (as 

expounded by the judges both here and, as applicable, in other relevant common law 

jurisdictions). The problems will be structured for second year study. This means that they 

will be more challenging than first year law, but will not presume prior specialist knowledge 

of law in any particular area. They will require you to go and find out about the law relevant 

to the problem. That is part of the point of the exercise! You will find that the skills which 

you learn on this course are ones which you can and will continue to develop throughout 

the rest of your studies at Law School. 

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5. Course Objectives 

At the conclusion of the course, students should be able to: 


understand and apply the basic constituent elements of effective analysis of a legal 

problem, using a structured methodology of identification of the issues and use of 

legal argumentation to resolve them; 

competently and independently identify the process needed to research the law 

relating to the relevant issues, and carry out that process, using both paper and 

electronic research tools; 

learn to record and expound the results of your research and analysis in clear, legal 

form, practising in particular the core task of writing an effective legal opinion 

(which is written, and supported by citation, in correct legal style): identifying the 

specific issues, analysing the law applicable to those issues; and evaluating the 

application of the law to the facts of the case so as to be able to reach a reasoned 

conclusion; 

present a correct and effective legal argument (in written and oral form) in a Moot 

Court. 

6. Mandatory Course Requirements (Terms) 

(a) Attendance 

(1) Since the primary mode of delivery of this course is through seminars, in order to be 

granted terms, you must attend them. If you are unable to attend your nominated seminar in 

any particular week, it is your responsibility to inform your tutor in advance and seek 

permission to be excused (or to attend an alternative class). If you do not seek permission in 

advance, your absence will generally only be excused for illness (on production to the 

Course Administrator of a valid doctor’s certificate) or bereavement. Five per cent of your 

final mark will be awarded for participation in seminars. Participation does not mean simply 

attending. It requires you to be seen to have prepared for and taken an active role in the 

seminar. 

(2) Appearance in the Moot Court is mandatory, and cannot be excused for any reason. In 

the event that a student is precluded by illness or other extraordinary event from appearing 

in the Moot Court at the nominated time, he or she will be expected to attend on the nearest 

practicable date set by the tutor. 

Students who miss more than three seminars will fail terms. 

(b) Completion of prescribed non-assessable assignments 

All students must complete the following four exercises within the prescribed time. These 

three pieces of work do not earn marks but a failure to complete them will mean that you 

will fail terms. The dates by which each piece of work must be completed will be detailed in 

the Syllabus of Classes and on Blackboard. 

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(1) The on-line library training homework 

(2) The two library training sessions provided by LexisNexis and Thomson trainers (you 

will be advised on where to sign up for these courses) 

(3) A short on-line citation exercise 

(4) The advocacy report (in semester 2) 

(5) Completion of prescribed assignments 

Students are expected to complete and hand in each of the prescribed assignments for this 

course (see next section below). 

7. Assessment 

The prescribed assessment for this course consists of 5 components: 

(1) Participation in seminars 5% 

(2) Legal writing exercise 1 15% 

(3) Legal writing exercise 2 (Opinion on prescribed materials) 20% 

(4) Legal writing exercise 3 (Research Opinion) 30% 

(5) Advocacy: (a) Written submissions 15% 

(b) Oral submissions 15% 

____ 

Total 100% 

In order to give you an indication of your performance, you will receive marks for each of 

items (2) and (3) [35% of the total marks for the course] on the dates stipulated in the Course 

Syllabus. Your final mark for the course as a whole will be awarded at the conclusion of the 

course. 

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8. Assignments 

(a) Submission of assignments 


All assignments are to be submitted by noon on the date stipulated in the Course Syllabus in 

both (a) hard copy and (b) electronic form through the Blackboard site. The hard copy will 

be treated as authoritative for time of delivery purposes. 

You must attach a duly completed cover sheet to the front of the assignment (which may be 

obtained from the Assignments Room OGB GO9A. You must file your assignment in the 

correct assignment box in GO9A for your seminar group. Please contact Kristina Keogh, 

Course Administrator, in case of difficulty. 

Due dates and times for assignments 

All assignments carrying marks are due at noon on the specified date. 

Date due Assignment name Word Limit Marks 

4 – 15 March LexisNexis and Thomson training sessions 

Thursday 4 April Library exercise 

Friday 12 April Citation exercise 

Friday 19 April Legal writing exercise 1 1000 15% 

Friday 24 May Legal writing exercise 2 1000 20% 

Monday 15 July Legal writing exercise 3 1500 30% 

Friday 19 July Advocacy Report n/a 

Thursday 8 August Written submissions 1000 15% 

Moots are held over the 

two week period 

starting 12 August 

Case or other references in the text are included in the word count. Footnotes that are used 

for references are not included in the word count but additional text included in footnotes 

will be regarded as part of the allowed words. 

Writing beyond the set word limit will not be given credit and thus will not contribute to the 

grade that is awarded. Where the opinion has exceeded the word limit, a deduction of 5 

marks out of 100 will be made. There will be an additional deduction of 5 marks out of 100 

where your stated word length is not correct. 

(b) Late assignments 

Unless an extension has been granted: 

Oral submissions n/a 15% 

assignments received after noon on the designated date will lose 5 marks out of 100; 

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an additional 5 marks will be lost for each additional day or part day of lateness after 

the due date, and no assignment will be accepted more than 5 days after the due 

date. 

For the purpose of this rule, the day ends at 5pm. This means that if the deadline is noon on 

Monday and the opinion is received at 4pm, 5 marks will be deducted. If the opinion is 

received between 5.01pm on Monday and 5.00pm on Tuesday, a further 5 marks will be 

deducted, and so forth. All lateness deductions are calculated by the Course Co-ordinator to 

ensure consistency. 

(c) Extensions 

If you need an extension, you should contact the Course Co-ordinator as a matter of 

urgency. Extensions will only be granted in exceptional circumstances, such as illness (with 

doctor’s certificate) or bereavement. Appropriate evidence of such circumstances may be 

required. Exceptional circumstances are circumstances which cannot reasonably have been 

anticipated, foreseen or planned for in advance and which justify the assessment being 

handed in late. 

They do not include or computer crashes (you should have backups), work demands, 

sporting events, overseas trips, holidays (surprise or otherwise) or anything else which 

includes a voluntary absence from the University during term time. 

The penalty for late submission will be applied unless advance permission has been granted. 

(d) Reconsideration of assignments 

The marking of all of the assignments will be undertaken by the tutors and carefully 

moderated by Judge Peter Boshier as Course Coordinator. If you are dissatisfied with the 

mark received for a writing assignment, you should speak with your tutor in the first 

instance. If, however, after completing this process, you still wish to apply for 

reconsideration, you must apply in writing to Judge Peter Boshier, with a hard copy of your 

assignment as marked, and submit your application to Kristina Keogh, Course 

Administrator, for Judge Peter Boshier’s consideration. 

(e) Rewriting assignments 

Students who do not achieve a passing grade in Legal Writing Exercises 1 or 2 will have the 

option of rewriting their assignment for resubmission to their academic tutor. The purpose 

of this option is to enable the student to learn through further practice before preparing 

subsequent written work. Your marks for each exercise will still be those awarded for the 

first exercise submitted. But your results on the rewritten assignment may be taken into 

account in case your totals marks for the course are on the borderline between pass and fail. 

All rewritten assignments must be submitted as follows: 

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Legal Writing Exercise 1 must be delivered to the Course Administrator, Kristina 

Keogh, in OGB 255 by 12 Noon on Wednesday 29 May. 

Legal Writing Exercise 2 must be delivered to the Course Administrator, Kristina 

Keogh, in OGB 255 by 12 Noon on Monday 29 July. 

9. Workload 

An average of six hours per week (including approximately one tutorial) until 30 August 

2013. 

10. Required Materials 

(a) Prescribed Materials 

The following materials are prescribed and will be available for purchase from VicBooks: 

SI Strong How to write law essays and exams (3 ed, OUP, Oxford, 2010) 

G McLay, C Murray & J Orpin New Zealand Law Style Guide (2nd ed, NZ Law 

Foundation, Wellington, 2011) 

A one-volume set of student notes. 

(b) Recommended Materials (on closed reserve) 

C Kee The Art of Argument (CUP, Melbourne, 2006) – this is an excellent practical 

guide to Mooting. Copies will also be available for sale from Vic Books. 

Glanville Williams (A T H Smith (ed)) Glanville Williams: Learning the Law (14th ed, 

Sweet & Maxwell, London, 2010) – a very useful introduction to the study of the law 

generally, the current edition of which is edited by Professor Tony Smith, Dean of 

Victoria Law School. Chapters 8-10 are especially relevant to LAWS 297. 

M Greville, S Davidson & R Scragg Legal Research and Writing in New Zealand (3 ed, 

LexisNexis, 2007) – a useful reference description of the material sources of New 

Zealand law 

11. Communication and Notices 

The primary means of communication for this course will be through the Blackboard 

website using either the Announcements page and/or the email facility provided by 

Blackboard. 

It is important to check both the Announcements and your email regularly because the 

course is primarily taught in small groups of 15 and therefore there are fewer large lectures 

at which to pass on information. 

As Blackboard adopts your Student Computing Service email as your default email address, 

please ensure you either check this email account regularly or arrange for any email to be 

forwarded automatically to an email account which you check regularly (for instructions on 

how to do this, see www.vuw.ac.nz/scs/support/faq.aspx#email). 

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12. General University Policies and Statutes 


Students should familiarise themselves with the University’s policies and statutes, 

particularly the Assessment Statute, the Personal Courses of Study Statute, the Academic 

Progress Statute, the Statute on Student Conduct and any statutes relating to the particular 

qualifications being studied; see the Victoria University Calendar or go to the Academic 

Policy and Student Policy sections on http://www.victoria.ac.nz/home/about/policy 

For the Academic Progress Statute, see http://www.victoria.ac.nz/home/study/academicprogress.aspx 

The AVC(Academic) website also provides information for students in a number of areas 

including Academic Grievances, Student and Staff conduct, Meeting the needs of students 

with impairments and student support/VUWSA student advocates. This website can be 

accessed at http://www.victoria.ac.nz/home/about_victoria/avcacademic/Publications.aspx 

Law Faculty Policies 

See the 2013 Law Faculty Undergraduate Prospectus for further information, including 

assessment in te reo Māori: http://www.victoria.ac.nz/law/. 

13. Other Information 

Information about the following is available on Blackboard: 

Class Representatives 

Academic Integrity and Plagiarism 

Turnitin 

Withdrawing from Courses 

Please ensure you read and understand this information. 

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