LEGAL106-22D (HAM)

Legal Systems and Societies

30 Points

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Division of Arts Law Psychology & Social Sciences
Te Piringa - Faculty of Law

Staff

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Convenor(s)

Alexander Gillespie

Alexander Gillespie
6438
N.5.07
See Moodle
alexander.gillespie@waikato.ac.nz

Lecturer(s)

Claire Breen

Claire Breen
6037
N.4.12
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claire.breen@waikato.ac.nz

Dee Raman

Dee Raman
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dee.raman@waikato.ac.nz

Sue Wardill

Sue Wardill
6496
N.5.13
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sue.wardill@waikato.ac.nz

Administrator(s)

Placement/WIL Coordinator(s)

Tutor(s)

Student Representative(s)

Lab Technician(s)

Librarian(s)

: em.pooley@waikato.ac.nz

You can contact staff by:

  • Calling +64 7 838 4466 select option 1, then enter the extension.
  • Extensions starting with 4, 5, 9 or 3 can also be direct dialled:
    • For extensions starting with 4: dial +64 7 838 extension.
    • For extensions starting with 5: dial +64 7 858 extension.
    • For extensions starting with 9: dial +64 7 837 extension.
    • For extensions starting with 3: dial +64 7 2620 + the last 3 digits of the extension e.g. 3123 = +64 7 262 0123.
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Paper Description

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An introduction to: Te Ao Māori concepts, including tikanga Māori; a historical introduction to, and a descriptive outline of, the legal systems in England and New Zealand, including the structure of government, civil and criminal proceedings, the sources of law, and the main divisions of substantive law; legal reasoning and the judicial process, including an introduction of statutory interpretation; and elementary treatment of legal concepts.

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Paper Structure

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This is a whole year paper. There are two teaching components in this paper: lectures and tutorials.

This is a asynchronous FLEXI paper. This means lectures will be live in person and in class (as much as possible), but also recorded.

There will be 10 tutorials over the course of the paper, 6 in A Trimester and 4 in B Trimester. These tutorials allow students to discuss important issues arising from the lectures in a small group environment. You are required to attend all tutorials.

Te Piringa Faculty of Law places great emphasis on providing students with opportunities for high achievement in law papers. Tutorials allow students to learn effectively in small groups. Attendance is therefore required for satisfactory completion of the paper. An understanding of topics and materials discussed in tutorials is essential for success in both internal assessment and examinations.

A record will be kept of student attendance at tutorials. Students who do not attend at least two of the first 3 tutorials will receive a letter from the faculty. The letter will restate the importance of tutorials. The letter will also say that tutorial attendance will be a factor taken into consideration in the event that the student is required to apply for re-entry.

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Learning Outcomes

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Students who successfully complete the paper should be able to:

  • Learning Outcomes

    The learning objectives of this paper are for the student to have a successful introduction to the evolution and development of the legal system, including its historical pathway, a number of contemporary issues, and the basic frameworks for the structure of government, legal reasoning and judicial process.

    Linked to the following assessments:
  • Students will be expected to demonstrate knowledge and understanding of:
    • the broad context within which the law has evolved and operates, with a focus around contemporary issues.
    • Maori customary law, and the role of the Treaty of Waitangi in New Zealand law.
    • the main sources of law (common, judicial, and international), as well as institutions, functions, processes and personnel in the New Zealand legal system, including the structure of government, civil and criminal proceedings, the courts, the legal profession and the legislative process.
    Linked to the following assessments:
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Assessment

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During the year, there are four on-line tests, each one following the conclusion of the sequence of teaching by each particular lecturer. These equate to 50% of the total mark. The other 50% comes from the end of year exam.
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Assessment Components

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The internal assessment/exam ratio (as stated in the University Calendar) is 50:50. There is no final exam. The final exam makes up 50% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 50:50 or 0:0, whichever is more favourable for the student. The final exam makes up either 50% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. Test 1 (online)
14 Apr 2022
11:00 AM
12.5
  • Online: Submit through Moodle
2. Test 2 (online)
9 Jun 2022
11:00 AM
12.5
  • Online: Submit through Moodle
3. Test 3 (online)
4 Aug 2022
11:00 AM
12.5
  • Online: Submit through Moodle
4. Test 4 (online)
18 Oct 2022
11:00 AM
12.5
  • Online: Submit through Moodle
5. Exam
50
✔
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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Required and Recommended Readings

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Required Readings

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All law students are required to purchase, for use in all law papers, a copy of the New Zealand Law Style Guide, 3rd edition, Thomson Reuters (2018). This is written by Alice Coppard, Geoff McLay, Christopher Murray and Jonathan Orpin-Dowell. Copies of this should be available from the book shop, beneath the library.

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Recommended Readings

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A Gillespie and C Breen, People, Power and Law: A New Zealand History (Hart, Oxford, 2022)

J Ruru, P Scott & D Webb The New Zealand Legal System (6th ed, LexisNexis, Wellington, 2016).

Grant Morris, Law Alive: The New Zealand Legal System in Context (4th ed, Thomson Reuters, Wellington, 2019).

ATH Smith (ed), Glanville Williams: Learning the Law (16th ed, Sweet & Maxwell, London, 2016)

P Spiller & GW Hinde (eds) New Zealand Law Dictionary (9th ed, LexisNexis, Wellington, 2019)

HP Glenn Legal Traditions of the World (5th ed, Oxford University Press, Oxford, 2014)

S Bottomley & S Bronitt Law in Context (4th ed, Federation Press, Annandale, 2012)

W Mansell, B Meteyard & A Thomson A Critical Introduction to Law (3rd ed, Cavendish Publishing, London, 2004)

M Jackson The Maori and the Criminal Justice System: He Whaipaanga Hou - A New Perspective.

The Law Commission Access to Justice Reports: Striking the Balance, Seeking Solutions, Delivering Justice for All, Wellington: New Zealand Law Commission, 2004), available at www.lawcom.govt.nz and www.nzlii.org

SM Mead Tikanga Maori: Living by Maori Values (Revised ed, Huia Publishers, Wellington, 2016)

R Benton, A Frame & P Meredith Te Matapunenga – A Compendium of References to the Concepts and Institutions of Maori Customary law (1st ed, Victoria Press, Wellington, 2013)

Other recommended readings will be placed on library desk reserve throughout the year.

Reading materials for lectures will be provided on Moodle and/or the Waikato Reading List. Any such material is provided on the following terms:

University of Waikato owns the intellectual property rights, including copyright, in and to this site, or has acquired the necessary licenses to display the material on the site. As a student of the Te Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single copy) the material from the papers in which you are enrolled for the purposes of participating in the paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, distributed or provided in any form or method whatsoever to any third party. Any other use of the material is prohibited. None of the material may be otherwise reproduced, reformatted, republished or re-disseminated in any manner or form without the prior written consent of University of Waikato. To obtain such consent, please contact the Te Piringa Faculty of Law.

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Online Support

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Online support for this paper is provided via Moodle.

If you require assistance with Moodle, or encounter any problems, please contact the Help Desk. You can send a message to Help Desk by using the instant message service in your paper (from the participants list within the People block). Alternatively, you can email them directly at help@waikato.ac.nz or call 838 4008.

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Workload

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Students should expect to spend 300 hours in total on this paper. In addition to lecture attendance, significant time will need to be spent on background and complementary reading. Students should allow for periods of more-focused research time in the preparation of assignments.

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Linkages to Other Papers

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Prerequisite(s)

Corequisite(s)

Equivalent(s)

Restriction(s)

Restricted papers: LAWS106, LEGAL105, LEGAL205

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