Literacy In Legal Studies by Jennifer Kompara-Tosio

2014 Conference

Legal Studies Association

LITERACY IN LEGAL STUDIES: WRITING EVALUATION ESSAYS JENNIFER KOMPARA-TOSIO, ST CLARE’S HIGH SCHOOL TAREE

My Purpose Today Explain

a very small amount about Functional Grammar Show some good and not so good samples of student writing Raise awareness of how grammar works in the writing Have a look at some text samples (handouts) Discuss teaching this aspect of literacy Play Bingo

HSC Outcomes A student: H1. identifies and applies legal concepts and terminology H2. describes and explains key features of and the relationship between Australian and international law H3. analyses the operation of domestic and international legal systems H4. evaluates the effectiveness of the legal system in addressing issues H5. explains the role of law in encouraging cooperation and resolving conflict, as well as initiating and responding to change H6. assesses the nature of the interrelationship between the legal system and society H7. evaluates the effectiveness of the law in achieving justice H8. locates, selects, organises, synthesises and analyses legal information from a variety of sources including legislation, cases, media, international instruments and documents H9. communicates legal information using well-structured and logical arguments H10. analyses differing perspectives and interpretations of legal information and issues.

Design of Examination Questions All questions in the focus areas of the paper in Legal Studies are worth 25 marks and allow 45 minutes of writing time to create: “well-structured and logical arguments ” 

Arguments evaluate  The

questions are all pitched at the better student and, in line with Blooms Taxonomy, require an answer which evaluates the Legal System

 Common

verbs in highest levels of Blooms Taxonomy include Argue Assess Defend Judge Evaluate



The favourites in the HSC are Assess, Evaluate, Discuss or To what extent with the term effectiveness frequently included

Exam questions: Evaluation in the HSC Assess whether changes to family law are an improvement on previous law. How effective is the law in responding to problems in family relationships? To what extent has the law protected the rights of Indigenous peoples to natural resources? Assess how compliance and non-compliance affect the achievement of world order.

Compare the effectiveness of legal and non-legal measures in protecting the rights of those seeking shelter. Discuss whether the courts deliver justice for families.

Functional Grammar  Ideational:

information in a text, supplied by nouns, verbs, adjectives and adverbs

 Interpersonal:

and attitude

 Textual:

communicates feelings

structures the text for meaning

Interpersonal Attitude  Explicit/Implicit

– Inscribed or invoked in the text

 Positive/Negative,

Great or Small

Graduation  How

the writer reduces or intensifies the attitude expressed

Engagement  How

the writer interacts with the reader by introducing other voices into the text.

 The

greater or more powerful the number of voices, the greater the authority of the text and the more persuasive

Evaluation in SFL “how

writers/speakers approve and

disapprove, enthuse and abhor, applaud and criticise and with how they position their readers and listeners” (Martin & White, 2007: 1)

TABLE 2.1

Low Intensification Medium Intensification Nearly (effective) Moderately (effective) A bit (effective)

Slightly (effective) Rather (effective) Reasonably Just (effective) (effective) Somewhat Relatively (effective) (effective) Fairly (effective) Rather (effective) Quite (effective)

High Intensification Very (effective)

Maximisers

Thoroughly Greatly (effective) (effective) Absolutely Extremely (effective) (effective)

Completely (effective) Perfectly (effective) Utterly (effective) Totally (effective)

TABLE 2.2 Quantification

Little (improvement, change, level of efficacy) Small (improvement, change, level of efficacy) Moderate (improvement, change, level of efficacy) Average (improvement, change, level of efficacy) Large/high(improvement, change, level of efficacy) Huge (improvement, change, level of efficacy)

The ozone regime recognises the need to implement a combination of production, consumption and trade restrictions. The limited economic significance of ODSs (ozone depleting substances) enabled regulation to be implemented with relative ease. This can be compared to the difficulties associated with carbon emission reduction in a global economy built on industrial carbon reliance. Although ODS industries were relatively small and hence easier to regulate, regulation still had substantial fiscal consequences. It was acknowledged that restricting production but not consumption would inevitably incentivise illegal trade in response to consumer demand. The holistic and comprehensive approach to ODS regulation circumvented the ‘black market’ and aided in the regime’s overall success.

The ozone regime recognises the need to implement a combination of production, consumption and trade restrictions. The limited economic significance of ODSs (ozone depleting substances) enabled regulation to be implemented with relative ease. This can be compared to the difficulties associated with carbon emission reduction in a global economy built on industrial carbon reliance. Although ODS industries were relatively small and hence easier to regulate, regulation still had substantial fiscal consequences. It was acknowledged that restricting production but not consumption would inevitably incentivise illegal trade in response to consumer demand. The holistic and comprehensive approach to ODS regulation circumvented the ‘black market’ and aided in the regime’s overall success.

A good quality response To what extent are courts the only means of achieving justice within the criminal justice system? Powers surrounding evidence and the collection of evidence, especially the use of technology and DNA evidence has been problematic in some areas which have the potential to lead to unjust arrest and wrongful convictions, thus hindering the ability for the criminal justice system to achieve justice. Whilst DNA has been helpful in the investigation of current and cold cases, it must be acknowledged that forensic evidence, in particular DNA, is not an exact science and may contain flaws, which may mislead juries into wrongful convictions at a later stage in the criminal trial process. The ABC 7:30 Report CCSI Effect And Its Ability To Mislead Juries (2012) outlines the dangers of relying on DNA and forensic evidence in the investigation and prosecution of a criminal offence. The report further highlights the dangers of wrongful conviction that occurs through the failure of crimes legislation to be reformed to require correlating evidence in criminal trials where DNA is used as its main source of evidence. This danger has been realised in a number of cases such as the Patrick Warnly Case (2006) and the Gordon Wood Case (2008).

To what extent are courts the only means of achieving justice within the criminal justice system? Powers surrounding evidence and the collection of evidence, especially the use of technology and DNA evidence has been problematic in some areas which have the potential to lead to unjust arrest and wrongful convictions, thus hindering the ability for the criminal justice system to achieve justice.

Whilst DNA has been helpful in the investigation of current and cold cases, it must be acknowledged that forensic evidence, in particular DNA, is not an exact science and may contain flaws, which may mislead juries into wrongful convictions at a later stage in the criminal trial process. The ABC 7:30 Report CCSI Effect And Its Ability To Mislead Juries (2012) outlines the dangers of relying on DNA and forensic evidence in the investigation and prosecution of a criminal offence. The report further highlights the dangers of wrongful conviction that occurs through the failure of crimes legislation to be reformed to require correlating evidence in criminal trials where DNA is used as its main source of evidence. This danger has been realised in a number of cases such as the Patrick Warnly Case (2006) and the Gordon Wood Case

Powers surrounding evidence and the collection of evidence, especially the use of technology and DNA evidence has been problematic in some areas which have the potential to lead to unjust arrest and wrongful convictions, thus hindering the ability for the criminal justice system to achieve justice. Whilst DNA has been helpful in the investigation of current and cold cases, it must be acknowledged that forensic evidence, in particular DNA, is not an exact science and may contain flaws, which may mislead juries into wrongful convictions at a later stage in the criminal trial process. The ABC 7:30 Report CCSI Effect And Its Ability To Mislead Juries (2012) outlines the dangers of relying on DNA and forensic evidence in the investigation and prosecution of a criminal offence. The report further highlights the dangers of wrongful conviction that occurs through the failure of crimes legislation to be reformed to require correlating evidence in criminal trials where DNA is used as its main source of evidence. This danger has been realised in a number of cases such as the Patrick Warnly Case (2006) and the Gordon Wood Case

Comparison of Papers There appears to be, overall, not only a significantly higher density of appraisal in the better texts but also the quality of that appraisal is different in two primary aspects.

The first is the subtlety and the variety of appraisal resources utilised in the text. The second is the balance between evaluative comment and factual detail worthy of evaluative comment.

3 mark response To what extent are courts the only means of achieving justice within the criminal justice system? Achieving justice within the criminal justice system in court is only to a certain extent. In court justice is served and sentencing is pleaded to those who committed a crime and must now do time.

Courts aren’t the only means of achieving justice, the majority of justice is within the court room but problems can be dealt with out of the court room and personally. For a court room to grant justice the judge and the jury observe a case and then come to a decision that will punish the offender (depending on the case) which then grants justice to the victim. In a court case the judge and jury achieve justice by observing both sides of the case and what crimes were committed and make a decision based on the crime. Justice is granted to the victim majority of the time when the offender gets sentenced or is pressed with charges. Justice is achieved when people who have committed crimes are sentenced/charged and people can feel safer knowing something has been done. The court achieves justice by making the world a better place and more safe for citizens. When crimes are committed e.g. speeding, robbery, murder, manslaughter, abuse and many more the court sentences the offenders to achieve justice to the rest of the citizens who want to live a safe life and feel safe in their own town. The jury also bases their decision on justice and what is right and what is wrong. When the jury is achieving justice in the court room they look at the case and if a law is broken they deliver justice by coming to an agreement that he/she is guilty.

BOS Scripts 2010 Question 19a No.47 (5 marks)

Changes to family law are an improvement on previous laws, as previous laws state that the male of the family would be the bread winner for his family and the mother not working, as her job would be to take care and raise the children. In the case of a divorce, the woman was not entitled to a thing in the marriage and the husband was. Although due to improvements within family law, it states that the husband and wife in a divorce situation are both entitled to a fair share of their conjoined assets. If they are unable to divide the assets evenly and fairly they can take their case to court for the judge to resolve. With the judge then summing up all assets such as cars, properties, shares, animals, etc. Then dividing it all equally with usually having to sell all properties and cars and divide the money so they both get their fair share of entitlements. Family law changes have also been improved on previous laws in the category of which parent is to be the stay at home parent with the children while the other parent works. As previous laws state that women are entitled to maternity leave with their job being secure for their return, they just lost their job, leading most women to not return to working at all. The improved family law states that women are entitled to maternity leave with their job still being available for them to return to. Family law also states that fathers are entitled to paternity leave of two weeks once the baby is born and also long term, if the father is the stay at home parent within the relationship. This being a great improvement. as it allows couples to be able to choose the best option for their particular family. For example, the wife may have a higher paying job which results in the family being more financially stable if the mother returns to work and the father is the primary carer. Changes to family law are definitely an improvement on previous law as current family law allows each individual family to have all their financial needs met through their choices. As well as fair dividing of goods due to divorce.

5 mark response  No

engagement

 Not

a lot of attitude and very repetitive

 Improvement,

improvements, improved, improved family law, a great improvement, definitely an improvement

 One

example of graduation

5 mark response However this act did not help the non-nuclear families but rather enforced traditionalism upon the definitions of marriage, completely out ruling the chance of samesex marriage.  Counter

- did not help … but

 Invoked

attitude… sentence infused with righteous indignation created by the juxtaposition of enforced (compulsory)and traditionalism (clearly not good if it has to be forced)

 Uses

loaded lexis… enforced, chance

5 mark response …..family law is simply wrong and unjust.  Graduation  Modality  Repetition

 Extreme  Lacks

view

any subtlety of interpretation

15 mark response The Family Law Amendment (shared Parental Responsibility) Act put in place new measures relating to the child. The notion of ‘in the best interests of the child’ became paramount and the presumption of 50:50 access between parents in non-violent situations was put in place. Fathers now had greater relationships with their children. Cases taken to the Family Law Court were made less adversarial as it was traumatic for children. Where previously there had been disputes about the child, this legislation made proceedings more efficient, fair and productive. Children were better protected from violent fathers and both parents had a equal responsibility to the child. This had been a major improvement on previous laws.

15 mark paper  Little

engagement

 higher A

density of appraisal

great deal of it invoked

 Assumes

an agreeable audience

 No

differing perspectives which need to be recognised

 Strong

ideological position

25 mark response QUESTION 19 – Optional Focus Study 2 – Family Sample 2

Evaluate the effectiveness of law reform in achieving justice for family members, and include a description of how the law responds to different family arrangements. The notion of marriage, defacto and de jure, is one which is designed to encourage cooperation in the modern law. The old notion of ‘unito caro’, ‘one person’ being the man, has been overturned by more progressive legal theory, viewing marriage as a constructive partnership in the modern society. The old values attached to de jure marriage, under “Hyde v Hyde & Woodmansee 1866 are enshrined in the “Family Law Act”, in that a marriage is designed to be between a man and woman, voluntarily entered into for life, to the exclusion of all others. The notions entailed in this definition are becoming increasingly challenged, as many alternative family relationships have arisen. The emancipation of women in the past century witnessed law reform, with the introduction of the Family Law Act 1975 (Cth)” which established the concept of no fault divorce. Prior to this the “Matrimonial Causes Act 959 (Cth)” permitted divorce only on 14 grounds based on fault, which was impractical and created animosity in the family unit. The introduction of the concept of ‘irretrievable breakdown’ is a move away from the law into private morality and affairs, and is quicker and more ‘resource efficient’ than placing blame on family members. The 37% rise in divorce cases in 1976-77 reveal this law was favoured by society and demonstrated a family arrangement that had shifted from the religiously focused notion of ‘marriage for life’. In this sense, law reform has been highly effective in responding to the changing needs of family members. The increasingly diverse range of family forms existing outside the traditional heterosexual nuclear family model has led to a range of legal issues for those in alternative family relationships. The law has been effectively reformed so as to redress these issues and achieve justice. The introduction of the “Property Relationships Act 1984” broadened the definition of de facto relationships to ‘two people living in a close personal relationship’, thus according homosexual couples with some definite legal status. With respect to same sex couples, a legal issue arose as a result of the case of “Hope & Brown v HIB Health Fund 1995. In this case, the gay couple were found to be discriminated against because of their sexual orientation. The law was then effectively reformed so as to recognise homosexual couples for insurance purposes. This case highlights ‘protection’ of same sex couples and ‘equality of access to insurance, thus displaying that justice has been achieved as a result of law reform. Technological revolution in the past 30 years has perhaps created the greatest challenge to the effectiveness of law reform in achieving justice. Both technologies have not only challenged morality but also the ethics of artificially manipulating child conception and birth. New technologies and changing family structures remain a difficult area for law reform, as they grow increasingly complicated and parental responsibility is difficult to place. The rise of IVF and artificial insemination has created ambiguity regarding the biological parents of a child, as was highlighted in the case of ND and BM 2003. However, society nonetheless perceives children born from such technologies as equal to children conceived naturally and the law has effectively been reformed to reflect these values and protect the rights of such children, through the introduction of the “Artificial Conception Act 1989” which gave children conceived by birth technologies the same status as children conceived naturally, hence achieving justice. This reflects the ‘protection’ of individual rights and reflects that the law has effectively been reformed to redress the issues experienced by alternative family arrangements which arise from new technologies.

The notion of marriage, defacto and de jure, is one which is designed to encourage cooperation in the modern law. The old notion of ‘unito caro’, ‘one person’ being the man, has been overturned by more progressive legal theory, viewing marriage as a constructive partnership in the modern society. The old values attached to de jure marriage, under “Hyde v Hyde & Woodmansee 1866 are enshrined in the “Family Law Act”, in that a marriage is designed to be between a man and woman, voluntarily entered into for life, to the exclusion of all others. The notions entailed in this definition are becoming increasingly challenged, as many alternative family relationships have arisen. The emancipation of women in the past century witnessed law reform, with the introduction of the Family Law Act 1975 (Cth)” which established the concept of no fault divorce. Prior to this the “Matrimonial Causes Act 1959 (Cth)” permitted divorce only on 14 grounds based on fault, which was impractical and created animosity in the family unit. The introduction of the concept of ‘irretrievable breakdown’ is a move away from the law into private morality and affairs, and is quicker and more ‘resource efficient’ than placing blame on family members. The 37% rise in divorce cases in 1976-77 reveal this law was favoured by society and demonstrated a family arrangement that had shifted from the religiously focused notion of ‘marriage for life’. In this sense, law reform has been highly effective in responding to the changing needs of family members.

25 mark response High density of attitude More frequent graduation Frequent engagement with other voices 

Judgement woven through the entire text



Implicit and explicit



Graduation used to good effect to intensify attitude



Authoritative convincing tone