Dr Jessica Viven-Wilksch
Adelaide Law School

Email: jessica.viven-wilksch@adelaide.edu.au
Location: Room 2.09, Ligertwood Building
Telephone: (08) 8313 4676 (work)
Course Website: www.myuni.adelaide.edu.au
Consultations: Appointments can be made by booking an appointment slot on the MyUni calendar.

There will be a three hour block each week. Each week will be structured in two main parts: first seminar style , second content delivery. 

The content delivery will be staggered so that the lecture theme in one week is the theme for the subsequent week's  seminar. This ensures that students have had the advantage of attending the lecture and absorbing the relevant material for that week's theme prior to engaging with it on a deeper level in the seminars.

Comparative Law seeks to assist students in developing skills in the mining of a large body of relevant domestic and foreign legal materials, which requires students to locate, comprehend, analyse, and interpret primary and secondary legal sources.  Students will learn to engage in the comparative study of other jurisdictions through a systematic process that begins by identifying the aims and purposes of the comparison and constructing a methodological approach that best achieves those objectives.  By introducing students to the major legal traditions of the world, students will learn to reflect critically on both domestic and foreign legal rules, principles, concepts, and institutions.

On successful completion of this course, students will be able to:

1. Analyse the foundational principles of comparative law, undertake (self-directed) legal research intermediate, and evaluate legal information.
2. Apply comparative law to complex problems/ issues, critique the operation comparative law from a theoretical perspective as part of a team.
3. Structure and sustain concise and cohesive written arguments for a legal and professional audience.
4. Conduct legal research and analysis both independently and cooperatively in an academic environment.
5. Analyse the impact of comparative law from comparative and international perspectives, and in the context of social and cultural diversity.
6. Reflect on their abilities to effectively undertake work as a member of a team.

Required Materials

Texts

• H. Patrick Glenn, Legal Traditions of the World (Oxford University Press, 5th ed, 2015); and
• Mathias Siems, Comparative Law (Cambridge University Press, 2nd ed, 2018).

Additional Materials

The course website is hosted on MyUni: http://www.myuni.adelaide.edu.au

Students are expected to regularly check the course website for announcements, lecture slides and required readings outside the two textbooks.

Blended Learning

This course incorporates some blended learning. This means that online and traditional face-to-face teaching are used to introduce concepts and discussion points throughout the semester. Students are strongly encouraged to prepare for each week as follows:

For the weekly lecture:

• access the relevant module for the week on canvas
• watch the pre-recorded videos
• read the assigned readings
• make notes and comments on what you might want to learn more in class on the weekly topic.

For the weekly seminar:

• access the relevant module for the week on canvas
• read the assigned readings
• make notes on notions presented on the seminar preparation page.

Students are strongly encouraged to contribute to the lectures and semniars through regular attendance and participation to in-class activities.

Weekly Class

Students will take 36 hours of learning and teaching in this course. The class will meet once per week for a 3-hour block.
Classes are conducted through a combination of lectures and seminars. Students who miss any classes are responsible for securing notes from their colleagues. Only the lecture portion of each class will be recorded.

Lectures (1.5-2 hours).
Lectures seek to present legal topics and clarify, focus, and extend student understanding of the course materials. PowerPoint slides and other materials that are used during lectures will be uploaded to the course website following the class, but are not substitutes for class notes. While lectures will be recorded and posted to the course website, they are not themselves substitutes for class notes.
Class discussions are encouraged to explore key concepts from the course materials. In order to develop essential skills in legal analysis and the verbal presentation of arguments, students are expected to attend each class having read and given thought to the assigned readings. Students may be called upon during class and therefore should be prepared to discuss topics based on the assigned readings from the course materials.

Seminars (1-1.5 hours).
Through in-depth discussion and an exchange of views, seminars will provide opportunities for students to reinforce knowledge acquired from the assigned readings and lectures, and to think critically about comparative law and different legal traditions. During seminars, all students will be expected to engage with ideas and perspectives from the course materials and participate as directed by the discussion leader. While a discussion leader will be assigned for each seminar class, all students are expected to attend and participate.

Classroom etiquette.
Classroom discussions may occasionally grapple with contentious and difficult topics where a range of different views and perspectives are expressed. As is expected of a legal professional, students should be prepared to introduce, explain and defend their conclusions in the face of probing questions and challenges. While a lively and spirited discussion is encouraged, students are expected to respect different views and perspectives to ensure that the classroom environment is one where all students feel comfortable to participate. In order to maintain this environment, it is important that discussions are carried out in the appropriately respectful language, tone and manner.

The University expects full-time students (i.e., those taking 12 units per semester) to devote a total of 48 hours per week to their studies.  This means that you are expected to commit approximately 9 hours of private study each week per 3-unit course in addition to your regular classes.

Week 1	Thinking about Comparative Law
Week 2	The Importance of Legal History
Week 3	Researching in Comparative Law
Week 4	Understanding Legal Traditions
Week 5	Legal Transplants
Week 6	Common Law Tradition
Week 7	Chtonic Legal Tradition
Week 8	Civil Law Tradition
Week 9	Asian Legal Tradition
Week 10	Islamic Legal Tradition
Week 11	International Law and Comparative Law
Week 12	Reflection and Review

Due to the current COVID-19 situation modified arrangements have been made to assessments to facilitate remote learning and teaching. Assessment details provided here reflect recent updates.

Assessment Task	Task Type	Due	Weighting	Length	Redeemable	Learning Outcome
Reflections	Individual assessment (required)	to be submitted during weeks 1-6 with a summary provided on 6; to be submitted during weeks 7-12 with a summary provided on week 12	10% (5% each)	Week 6 and Week 12 Summaries: 1000 words for each summary	No	1
Quizzes	Individual assessment	Quiz 1: 7 April 2020 5pm Quiz 2: 2 June 2020 5pm	10% (5% each)	10 questions	No	1;2;5
Online Seminar presentation	Group assessment (required)	Schedule will be posted on MyUni	20%	1 hour	No	2, 4, 6
Group Peer Assessment	Group assessment (required)	Schedule will be posted on MyUni	n/a	n/a	no	2;3;4;5
Research Essay	Individual assessment (required)	11 June 2020	60%	4000 words	No	3, 5

Reflections (10%)

The capacity for self-reflection and a willingness to engage in self appraisal is a key attribute of being an Adelaide University graduate. To help students develop and reflect their comparative legal research skills, students will be asked to maintain a journal. Through weekly journal entries, students will reflect on their own learning and, their critical thinking skills.


Each week students will submit a short personal reflection that demonstrates how they engaged with the course material and legal methodology. Students will need to state their personal view and opinion on what they have learnt and their analysis of the problem they have noticed. This is a reflection exercise, this means that no independent legal research is required.


Students will need to provide a short reflection weekly during Week 1-6 and week 7-12. On Week 6 and Week 12, students will need to provide a summary of the last 6 entries weeks of learning. This summary will be marked. The summary is not a collection of the reflections but involves synthesis and discussion of appearing themes. Examples and guides will be provided on MyUni and discussed in class.

Each summary will be 1000 words, single-spaced 12 point font. Reflections are to be formatted according to the Australian Guide to Legal Citation. The weekly reflections, including the summaries must be submitted on MyUni by the end of each week.

Each reflection is worth up to 5% of a student's final grade for a total of 10% of each student's final grade.

Quizzes (10%)

Students will be required to answer 10 short questions in two separate quizzes on content covered in class during previous weeks. These quizzes will be due in Week 5 and Week 11. Each is worth wup to 5% of a student's final grade for a total of 10% of each student's final grade..
The quizzes will open on Thursday morning and close on Tuesday. Reminders and schedules will be provided on MyUni.

Students will only be permitted to attempt each quiz once.

Group Seminar Presentation (20%)

Seminar Presentation will be online. Each student is required to lead one seminar class during the semester as part of a group. Once groups are identified for each week, students will need to work together to develop a presentation and prepare to lead the seminar discussion. The seminar will be approximately 1 hour in duration.

Each seminar must begin with an introductory presentation which leads to class discussion and interaction. In terms of its content, the presentation should extend or elaborate the topic for that week by introducing new research or ideas. Students can focus on a particular issue of interest from the readings or engage with a broader aspect of the topic. For example, in the week relating to the Confucian legal tradition, the group might present research on Chinese contract law and compare it to Australian contract law. In developing the presentation and preparing the seminar discussion, students will be expected to draw upon relevant materials beyond the assigned readings. Discussion leaders must use PowerPoint slides or distribute materials to the class.

A maximum two page outline of the presentation and a printed copy of the PowerPoint slides must be handed in at the conclusion of the presentation.

While students are free to engage in independent research, a list of supplementary materials for each week will be made available through the course site.

Group Peer Assessment (n/a)

Each group member will provide a marked review of the performance of their fellow group members. This review will take place under the Self and Peer Learning Assessment Tool (SPLAT). The tool will be used summatively to generate a mark based on students' individual contributions to a group assignment.
After sthe group presentation, students will complete an online form to grade your group members on their group contribution. From the ratings, a score will be established. This score will be applied to the seminar presentation mark. This will result in each student receiving a different mark based on the contribution. This means that even though the seminar presentation will be given one common mark, each student will be receive an individual grade based on their contribution. Clear indications will be provided to students prior to the review being due.

Research Essay (60%)

Students will be required to undertake their own research and submit a 4,000 word research essay by 11 June 2020. The essay will be submitted electronically through Turnitin. This piece of the assessment will provide students with the opportunity to demonstrate their  level of understanding of the course material, their research, written communication and critical thinking skills. 

Week 3 will be dedicated to providing guidance on research methods, theories and issues particular to writing a comparative law paper. Further assistance on development of argument and material research will be available throughout the semester during face to face interactions and online. More details will be published in MyUni.

This assignment must be written in prose style (using complete sentences), adhere to grammatical rules and use correct spelling. It should be typed in single spaced paragraphs and at least 12pt font size. The pages must be numbered and the margins should be at least 2.5 cm wide. The essay must include a table of contents and a bibliography. Each paper must be clearly marked with the student’s University of Adelaide number. A word count should be noted on the cover sheet. 

Assessment Criteria
• level of insight and innovative thought
• depth of analysis and level of critical examination of the issues raised
• clarity of expression
• logical planning and sequence
• evidence of comprehensive research and consideration of the relevant literature
• demonstrated understanding of the comparative law method
• demonstrated understanding of relevant legal materials
• correct application of relevant material
• overall presentation, including correct grammar, spelling and punctuation
• use of resources in formulating the paper including proper acknowledgment and correct referencing

Reflections: Each reflection is a maximum two-page, single-spaced 12 point font personal reflection on any aspect of the assigned readings for the relevant week.  Reflections should engage with the assigned materials for the week in a creative and thoughtful way.  No independent legal research is required.
The first reflection must be submitted at the start of any class between weeks 1 and 6.  The second reflection must be submitted at the start of any class between weeks 7 and 12.
Reflections are to be printed and submitted to the lecturer in printed (hard) copy at the start of the relevant class. No electronic copies (e-mail, course website, etc.) will be accepted.

Seminar led presentation: A maximum two page printed outline of the presentation and a printed copy of the PowerPoint slides must be handed at the conclusion of the presentation.

Research Essay: The research Essay is to be submitted electronically through Turnitin. Details for electronic submission through Turnitin will be provided with the assignment instructions. Turnitin is unable to process files in the .pages format, and Turnitin word counts are known to be inaccurate, which makes .pdf submissions undesirable (as it is harder to determine the number of words). For this reason, submissions to Turnitin are to be in Microsoft Word format (NOT in pdf).


General rules

Students must retain a copy of all assignments submitted.

All assignments in this course are to be submitted in hard copy and electronically through Turnitin. All hardcopy submissions must be accompanied by the Assignment Cover Sheet that sets out the word length, and contains a signed declaration that the assignment consists of the student’s own work. A student’s results will be withheld until such time as the student has signed the Assignment Cover Sheet. Markers can refuse to accept assignments which do not have a signed acknowledgement of the University’s policy on plagiarism.

All written work in the Law school is required to comply with the approved Law School style guide, The Australian Guide to Legal Citation.

Extensions: Requests for extensions must be made electronically according to law school policy. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.

Late Submission Penalties: When an assessment is submitted after the due date, without an extension, 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend and public holidays. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc.

Word Length Penalties: 5% of the total mark possible for a written assessment will be deducted for every 100 words (or part thereof) by which it exceeds a stipulated word limit. For example, a 3,000 word essay graded at 63% will have 5% deducted if it is between 3,001 and 3,100 words long for a final mark of 58%. If the essay is between 3,101 and 3,200 words long, 10% will be deducted for a
final mark of 53%, etc. Word limits include all words in the text, in headings, in quotations, but exclude citations in footnotes. Any separate cover page, table of contents, bibliography or list of sources is excluded from the word limit. If the word limit is misstated, this may be regarded as academic dishonesty.

Turnaround time: The reflections will be returned to students the week following submission. Feedback for presentations will be provided within two weeks following the presentation. Feedback for the essays will be provided 3 weeks after submission. 

Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

Finality of Assessment Grades

Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

Moderation

In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

• assurance of the qualifications of markers, and their knowledge of the content covered in each course;
• detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
• sharing of example marked assessments at various grade bands across markers;
• reviewing of selected marked assessments from each marker by the course coordinator;
• comparison of the marks and their distribution across markers;
• automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
• the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

Approval of Results by Board of Examiners

Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.

Student feedback The course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site for students to view and consider.

The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

Lex Salus Program

Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support

The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.

Academic Honesty

Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia.

Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.