Assessment 2 - Court Visit & Report write about case which is related to business law, consumer law. NOTE 1: do not write about any case which is related tocriminal law or traffic law or family law....

2000 words

Aim

The aim of the court report is to get you out of the classroom and into the courtroom

to see how the law works in practice! We would like you to visit a court to observe

proceedings for a couple of hours and then write a report on your visit.

It is important to have an understanding of the court system before you embark on

your visit. Therefore, please complete the required reading for Week 1 and 2 before

visiting a court.

Your best chance of seeing a court case from beginning to end will be in the Local

Court or District Court. Please be aware that there is no certainty that the magistrate

or judge will reach a decision while you are in court and we do not expect you to stay

until a decision is reached. A couple of hours observing proceedings should be

sufficient to gain enough understanding of the matter to write your Report.

If you find yourself in the middle of a lengthy trial, you may find it more interesting to

visit another court. Also, if you find yourself in a list court where matters are quickly

mentioned, it may be more useful to move to another court as you may not gather

sufficient information to complete the required Report.

Although you may wish to visit court with other students, you must submit your own

written work.

For locations of Local Courts, please refer to the following link:

http://www.localcourt.lawlink.nsw.gov.au/localcourts/court_locations.html

District Court: Sydney

Downing Centre 143-147 Liverpool Street

(corner of Liverpool and Elizabeth Streets, above Museum Station)

The District Court also sits at 225 Macquarie Street and in Parramatta, Liverpool and

Penrith.

Supreme Court

Law Courts Building, Queens Square (Phillip Street, near University of Sydney Law

School). You may be interested in hearing Bail Applications in the Supreme Court

(ask the front desk of the Supreme Court for directions)

There is no need to dress formally when you attend court, but you should dress

neatly and you should remember that smoking, drinking and eating are not permitted

in court. Nor is it permissible to take any type of electronic recording device into a

courtroom.

When you arrive at the court you may wish to introduce yourself to a court officer.

Explain that you are a student and that you have the task of observing and reporting

on a court case. You should ask

the Court Officer whether the taking of notes is

permitted. The Court Officer may also be helpful in providing information concerning

the case being heard.

As you enter and leave the courtroom while the court is in session, you should stop,

face the bench and bow. When the magistrate or judge enters and leaves the

courtroom, you should stand up. The magistrate or judge will then bow to those

present in the courtroom. It is a mark of respect by those present to bow back.

State precisely:

•

name of the court visited

•

date of the visit

•

name of the case

•

name of presiding judge or magistrate

•

subject matter of the case

•

whether the parties were represented

These facts can be stated in point form. These background details are necessary so

that the reader of your report can build up an accurate picture of the setting about

which you are reporting. Your reader will be able to understand the rest of your

report better if they begin with a clear picture of the setting. Some details about the

cases being heard will be posted on a notice board in the court foyer or, as stated

previously, you can often find out such information from the Court Officer.

This section is to be the body of the Report. We ask that you discuss your

interpretation of the roles that participants were playing in the courtroom, the kinds of

interactions between them, the evidence and the way in which it was presented. It is

important to discuss the role of the judge or magistrate, lawyers and parties to the

proceedings and any others worth commenting on in some detail. These details can

include the extent the presiding officer played an active part, the degree of formality or

informality in the proceedings, the degree of hostility or otherwise between the

participants, some details of the evidence and the way in which evidence was

presented.

If a final decision was reached in the case, then explain the outcome and any reasons

given for the decision. As previously explained, not all cases will come to a conclusion

in the time you have available to observe proceedings. In these cases, from what you

have observed, what do you think will be the likely conclusion of the case? In

discussing the outcome or likely outcome of the case, comment on whether you agree

with the decision or what you think may be the decision. Give reasons why you agree

or disagree.

Comment on the court process and how it was similar or different from your

expectations. Does the court process you observed and the outcome of the case (if

you were present when the case came to a conclusion) accord with your notions of

"justice"? Explain your views.

Other questions you should answer are as follows:

•

What was the most interesting part of your visit? Why?

•

Is there anything about what you observed that would cause you to want to

settle a case or to pursue it fully to trial? What and why?

•

What was your overall impression of your Court visit and what did you learn

from your visit?

Parties bringing cases to court argue that there has been a breach of the law. In the

case you observed, name a statute or case that was relied on or relates to your case.

Cite the case or statute and give brief details about how it relates to your case. If you

were unable to pick up any mention of a case or statute when you were observing

proceedings, state this and attempt to find a case or statue that you think is relevant to

your case. Justify why you think the case or statue is relevant.