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Court

International Students

To introduce international students to Australian culture and traditions, I try to add in aspects of life at UQ (e.g. NAIDOC week) and in Brisbane and Queensland: from the EKKA to ANZAC day, and give an overview of how in Australia holy or celebratory days (Easter, Ramadan, Passover, Eid, Diwali, Chinese New Year, Buddha birthday) are marked.  Below is an example of a blackboard entry from 2020 on ANZAC Day also emailed out with PowerPoints to my international students in LAWS7936, many back in home countries or here in Brisbane in isolation . And one on Easter Bilbies.

 

One effective and enjoyable way international students can ‘get their head around’ our adversarial system and the rules that apply in court during a criminal trial is to be part of one and observing one. IN LAWS7936, Fundamentals of the Common Law we did this until Covid 19.

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 MOCK TRIAL in the Supreme Court was under the guidance of Hon Justice James Douglas QC.

ACTUAL TRIAL: As part of the court visit, the mock trial is followed by students observing with me the opening day of a criminal jury trial in the Supreme Court.

At the Supreme Court_edited.jpg
Defence Counsel.JPG
Star Winess.JPG
Part of the jury for R v White & White.JPG
Crown Prosecutor.JPG
Accused [deceased in the background!](1).JPG
Will be sworn in to join the jury.JPG
Next witness - waiting.....JPG
Court
Example of Court Scenario
Court

Click here to download file.

International students: Experiencing precedent and statute work together through a mock trial.
UQ Moot Court
The King v Xiaoyu Li

In  the LLM course, Fundamentals of the Common Law, all are international students from civil, socialist or Sharia jurisdictions, which apply different sources  of law. By taking part in a mock trial the different common law methodology was highlighted. Three prosecutors and three defence counsel had to use the offence elements in s320 with relevant case law to prove beyond reasonable doubt whether the accused (classmate) was guilty or not guilty. A panel of three judges gave reasons for their decisions and two juries discussed it before rendering a verdict.

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Rather than write the answer to a problem question using cases and legislation, students saw firsthand the interconnection between case law [precedent] and legislation [in this case the Qld Criminal Code offence in s3020 - unlawfully doing grievous bodily harm].

Research Workbooks

LAWS7936 Fundamentals of the Common Law.

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Library research is a core component in Fundamentals of the Common Law (LAWS793), a compulsory LLM course for students from a non-common law jurisdiction.

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To address two recurring common concerns in this course and across our LLM I devised an assessable Research Workbook. WHY?  

  1. Despite dedicated sessions on library-based research and citation, run by an experienced law librarian. significant numbers of international students had difficulty applying research skills.

  2. Contract outsourcing of essays and plagiarism. This recurs despite focused sessions on what plagiarism is, why it is unethical and how correct attribution of sources is required. Students also complete the UQ integrity module.

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Could the Research Workbook be a means to (1) improve the research component on which LLM essays rely, and (2) reduce or make outsourcing & plagiarism less needed, and, more difficult? The Workbook was 10% of the course assessment.

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This was important because legal research is the crux of the common law method, and it differs from code-based civil, socialist, or religious legal systems. It makes understanding and application crucial for all LLM courses, in which research essays are the standard mode of assessment.  Experience in my own foundation course (and reports from other coordinators in the LLM) was that despite the LAWS7936 research sessions, some international students did not employ correct research and citation methods. With that in mind, the library sessions were redesigned so that students immediately applied the relevant research skill [such as locating case law, finding legislation, using data bases to access secondary sources, citators & case commentaries] to their own allocated research topic for LAWS7936. Each student had a different comparative topic, selected in in session one, day one. In class time, under our librarian’s supervision, they added sources, correctly cited, into the Workbook.

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In addition to a solid foundation for their subsequent research essay, incremental application allowed feedback and early identification of students with difficulties. As students had to use these same sources in their research proposal and final essay, it was hoped outsourcing, contract cheating, and plagiarism would reduce.

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The results of the trial supported these assumptions. The final research papers for the cohort in Semester One 2021 were observably better than in prior years. For the first time in many years, I did not have concerns about outsourcing and no students had penalties given for plagiarism.  Overall grades in LAWS7936 improved. Admittedly, the cohort was only six (Covid impact on international student numbers). I will replicate the Workbook model with a larger cohort of students in coming semesters. If we can cement this research foundation in LAWS7936 it may flow on to similar improvements in other courses. I will monitor the progress of these six students in other courses and share findings with the LLM Director and other LLM course co-ordinators.

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The 2022 restructure of the library which removes a dedicated law librarian has mean further redesign. For Semester 2, 2022, students will work through self-directed modules with a Q& A to replace the personalised component previously given by the law librarian. To ensure optimal learning and co-ordination, I set up a working party (Library, EAC, Dir T&L) to work collaboratively on the redesign with modules and new assessment for Semester 2, 2022.

Click here to download file.

Introducing International Students to Australia

In an effort to introduce International Students to Australian culture and traditions, I sent out an email and included a powerpoint presentation on the topic for international students.

 

 Dear LAWS7936 students,

Thank you all for your comparative essays – I do very much look forward to reading them next week and will get feedback to you as soon as possible. I hope everything continues well for you and even though the course has finished, of course, you can contact me if you think I could perhaps assist with any issue or concern you may have.

Tomorrow is ANZAC day. It is a very special, even sacred day for Australians.  ANZAC day is a public holiday and many shops will be closed. Normally, I would tell our students to go to a dawn service or watch the parade through the centre of the city but, for the first time in over 100 years, it will not be happening due to Covid 19. Because it is such an important day for Australians, I would like to give you some background and end with some of the traditions associated with the day.

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ANZAC day is always commemorated on 25th April each year.

The Dawn Service: Traditionally it commences with a dawn service, where Australians gather at cenotaphs, memorials, parks or on beaches as the sun rises from the darkness to honour and reflect on the sacrifice of Australians in war, and in the service of their country. I have a daughter who lives in London, and every year [not this one of course] she also goes into the Australian War Memorial, Hyde Park Corner, for a dawn service with thousands of other Australians to commemorate the day together. When I was in Brunei we gathered in the clearer fields around the High Commission to mark the occasion at dawn.  So, wherever you are in the world, or in the remotest corner of Australia, this day is very significant for Australians.

The Parade: Except for 2020, there is a large parade through the centre of Brisbane, and in all cities, and towns large and small, across every part of Australia. Diggers*, who are returned soldiers, sailor, and airmen and women, army nurses, doctors, engineers, and support personnel of all wars and peacekeeping missions; current serving members of the Australian Defence Forces; cadets march to the music played by an vary of marching bands. Some of the bands are school-based and UQ has an affiliated pipe band - Prof Forrest is one of its pipers [plays the Scottish bagpipes].

In the last ten of so years, men and women who served in the defence forces of other nations, especially our allies, have representatives also march in their national costume or uniforms – Vietnam, Greece, Malta, USA etc.

 

Why the 25th April? This is the day in 1914 when Australian and New Zealand Army Corps [ANZAC] forces landed at Gallipoli in Turkey early in World War I. It was a disastrous campaign and they were no match for the Turkish forces lead by the great Ataturk, but from this defeat, a sense of unity and valour arose in Australia known as the ANZAC spirit. This is frequently referred to.

Australian soldiers went from there to France and Belgium – the Somme. The death toll and casualties were horrific for a fledgling nation across the other side of the world and with a small population. World War II similarly took its toll but from 1941, Australian were fighting from the first time in defence of our own country. The Japanese came right to Australian shores.

Since then there have been other wars and armed conflicts – 15 or so in total.

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Traditions

A Minute’s silence – ends with the words ‘lest we forget’.

We make and share ANZAC biscuits. Recipe below. These biscuits were originally made by Australian families to send across to the troops fighting abroad.  The tradition continues.

We wear rosemary for remembrance. On this day, the near family of deceased Service/ex-Service members may wear their medals, on the right, not left side.

Fly over. At 11.00 am there is a fly over of fighter jets in formation.

Badges, representing each of the wars and major battles, are bought and worn on this day. The money from these supports returned veterans and their families.

Two – up is a betting game that is associated with this day.

Red poppies – these were traditionally for Remembrance day 11th of 11th month November, when WWI ended but more and more are used also on ANZAC day.  The poppies were on the fields of Flanders, France and Belgium and the red symbolises the blood of sacrifice in those fields.

Wreaths – these are laid at places of remembrance and normally there would be a wreath laying ceremony as part of a dawn or other service.

Barbeques – Australians love a barbeque and often families and friends will gather after the services and parades for a lunch or to have a casual meal and drink together – at home, in the parks, or at the beach.

If you are interested, I have some images of this day for my family and the recipe for ANZAC biscuits under Learning Materials.

2020 As we cannot gather as usual this year, we are ask to stand on our balconies, footpaths at 6am with a candle [some will wrap rosemary around it] to quietly mark the occasion. Many homes will also have flags. Some near where I live also have wreaths on their gates. The television will show some services – absent people I guess.

Many buildings and bridges will be lit in red.

Best wishes,

Ann

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Examples of ANZAC and Easter presentations

Click here to download file.

Click here to download file.

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