{"id":23310,"date":"2023-07-07T02:58:33","date_gmt":"2023-07-07T02:58:33","guid":{"rendered":"https:\/\/www.goodacademic.com\/blog\/questions\/based-on-your-personal-court-observations-critically-discuss-issues-of-triviality-and-due-process-as-they-operate-in-the-summary-jurisdiction\/"},"modified":"2023-07-07T02:58:33","modified_gmt":"2023-07-07T02:58:33","slug":"based-on-your-personal-court-observations-critically-discuss-issues-of-triviality-and-due-process-as-they-operate-in-the-summary-jurisdiction","status":"publish","type":"questions","link":"https:\/\/www.goodacademic.com\/blog\/questions\/based-on-your-personal-court-observations-critically-discuss-issues-of-triviality-and-due-process-as-they-operate-in-the-summary-jurisdiction\/","title":{"rendered":"Based on your personal court observations, critically discuss issues of triviality and due process as they operate in the summary jurisdiction"},"content":{"rendered":"

Your
\nFocus and Argument <\/span><\/b><\/p>\n

This assessment is predominantly a process exercise<\/u>,
\nconducted against the backdrop of the materials in chapter 4 \u2018The Criminal
\nProcess\u2019. That does not mean that you should not discuss substantive issues
\n(i.e. what the case is about and questions of law involved), but if you do, it
\nis important to locate them within a process context. The paper should not
\nbecome an essay on the principles of sentencing law, or a discussion of the
\nadmissibility of particular types of evidence. The objective is to avoid simple
\ndescription of the cases you observed and to avoid launching into a detailed
\nexposition of some area of substantive law. There are many ways to approach and
\norganise your observations, but your paper must ultimately answer the set
\nquestion and engage critically with the substance of that question.<\/p>\n

Research<\/span><\/b><\/p>\n

The Criminal Court Research Paper MUST<\/u> combine:<\/p>\n

a.    
\n<\/span><\/span><\/span>original empirical observation (i.e., your
\npersonal court observation); and<\/p>\n

b.    
\n<\/span><\/span><\/span>database\/library research of secondary sources
\n(journal articles, books, reports etc.) relevant to NSW Local Courts; and
\nrelevant extracts in chapter 4 of the textbook.<\/p>\n

This paper is not intended to be a comprehensive review of
\nall the available research relevant to the research question. The word limit is
\nvery short by legal research standards. However, you are expected to find
\nrelevant research that goes beyond what is in the textbook. <\/p>\n

Analysis <\/span><\/b><\/p>\n

Aim to construct a smooth transition between your
\nobservations and the research literature. You do not have to agree with the
\nanalyses and conclusions reached in the published research; do not be afraid to
\nchallenge research findings or themes if you think they are inappropriate or
\ninapplicable. But try to use the research as a guide or frame through which to
\nmake sense of your own observations. The papers which score highest will be
\nthose that answer the research question with the most thoughtful and critical
\ndiscussion and analysis, conducted in a way that blends observation with
\nresearch.<\/p>\n

Written
\nStyle <\/span><\/b><\/p>\n

When you are analysing the relevant research literature you
\nshould write in a standard legal academic style similar to the way the textbook
\nand law journal articles are written. Linking your personal observation to the
\nformal analysis can be challenging, but writing in the first person may help
\novercome difficulties. It is acceptable to write your piece in first person. <\/p>\n

Referencing
\n<\/span><\/b><\/p>\n

You are required to provide full citations throughout your
\npaper. As above, references to research literature must conform to the AGLC
\n4th<\/sup> edition<\/u>.<\/p>\n

Your observations should also be referenced in footnotes<\/u>.
\nProceedings should be referenced by matter name (if available), court and date:
\ne.g. R v Smith, NSW Local Court, Parramatta, 24\/2\/2020. Other observations
\n(e.g. general observations of court processes) should be referenced by location
\nand date: e.g. Personal Observation, Parramatta Local Court, 24\/2\/2020.<\/p>\n","protected":false},"excerpt":{"rendered":"

Your Focus and Argument This assessment is predominantly a process exercise, conducted against the backdrop of the materials in chapter 4 \u2018The Criminal Process\u2019. That does not mean that you should not discuss substantive issues (i.e. what the case is about and questions of law involved), but if you do, it is important to locate […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"closed","template":"","meta":[],"disciplines":[1107],"paper_types":[],"tagged":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/questions\/23310"}],"collection":[{"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/questions"}],"about":[{"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/types\/questions"}],"author":[{"embeddable":true,"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/comments?post=23310"}],"version-history":[{"count":0,"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/questions\/23310\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/media?parent=23310"}],"wp:term":[{"taxonomy":"disciplines","embeddable":true,"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/disciplines?post=23310"},{"taxonomy":"paper_types","embeddable":true,"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/paper_types?post=23310"},{"taxonomy":"tagged","embeddable":true,"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/tagged?post=23310"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}