I'm completing a Bachelor of Law via distance education and with this we have 2 on campus days per uni per semester.
My first unit is Foundations of Law but due to my daughter being extremely ill, I missed the 2nd day.
I have an assessment due on Statutory Interpretation, whig of course was covered on the 2nd day.
I have read the lectorial slides, listened to the ilecture, read the required reasons, but I'm still completely lost!
Is there anyone out there who has done their law degree, or is doing it, and can perhaps explain to me what I'm supposed to do!
The assessment guidelines dont explain much, just tells us the case to read and then we have to do a statutory interpretation on it. Someone did mention extrinsic, intrinsic and Latin maxims but no idea how they fall into it
I am a barrister in Victoria. But unfortunately that's an area which I dealt with approximately 17 years ago and my memory is quite dim!
However, the usual rule in law essays/assessments is to follow the following four step outline:
ISSUE - What is the exact issue you're trying to address?
RULE - What does the case law say about the rules that apply to the issue?
APPLY - Apply the rule to the issue in question.
CONCLUDE - Summarise how you came to the conclusion that you did in the "Apply" section.
So your statutory interpretation exercise would be something along the lines of:
1. What is the exact word/phrase/piece of legislation that you are required to interpret and in what context?
2. How has the previous case law/legislation (ie this is where your extrinisic stuff etc would come in) interpreted that word/phrase/piece of legislation?
3. Given the case law, how do you think the word/phrase/piece of legislation would be interpreted by a Court, and why? Compare different approaches in different cases and different Courts - make sure that you ensure that your ultimate interpretation is guided by the highest case law precedent.
4. Summarise and conclude (and offer an alternative if you're not correct).
It's given me a starting point! I was starting to hate this course as we have no input from our tutor and it take weeks to get responses from our assessments (so the 3 I've already submitted I have no idea how I've gone and if I'm on the right track)
Coincidentally, the case is a Victorian one (Gardner; re BWV)
DP completed this subject last semester and I reviewed his assignments but I don't have a clear idea on the details! Div sounds like she knows what she's talking about. can you get in touch with the lecturer and ask for some help? Do you know anyone via email in your course that could talk about it with you?
Yes i did this unit aaaaages ago the outline divvy has given you is how i would approach it. it is a good way for the paper to be set out and makes it a straight forward way for you to approach it. good luck
Law Degree - need some "professional" help
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can you get in touch with the lecturer and ask for some help? Do you know anyone via email in your course that could talk about it with you?
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