ethics-law-and-justice-final-exam-notes.

ETHICS LAW and JUSTICE CLASS 2: Justice, Theory and the Law Asylum seekers and access to justice  Defining Justice – distributive justice, procedural justice and retributive justice  Law and ‘obedience’  Structural injustice  Asylum seekers and access to justice CLASS 3: Access to Justice – Economic Issues  Different forms of legal payment - Time Billing - No Win No Fee - Contingency Fee - Flat Fee  Economic challenges in the legal profession  Economic solutions in the legal profession - Pro-bono - Legal Aid - Community Legal Services - Self-Represented Litigants - ADR CLASS 4: Access to Justice – Social/Cultural Issues a. Social/Cultural Access to Justice Challenges  Aboriginal and Torres Strait Islander People  Culturally and Linguistically Diverse People  People with Disabilities b. Social/Cultural Access to Justice Solutions  Community Legal Centres (CLCs)  Legal education (in law school)  Community education (in community centres)  Interpreters  Cultural training  Affirmative action for lawyer/judge diversity CLASS 5: Ethics, Theory and the Law  Morals and ethics  Values and emotions  Ethical approaches – virtue ethics, deontological ethics, consequentialist ethics  Lawyering approaches – adversarial, responsible lawyer, social justice/ethics of care 1 Downloaded by Mark Samuel () lOMoARcPSD| CLASS 6: Legal Players – Lawyers I  Defining ‘Lawyers’  Solicitors and Barristers  The cab-rank rule  QCs and SCs  Regulation of Lawyers  The bodies that regulate lawyers – Law Society, Bar Association, Office of the Legal Services Commissioner (OLSC), Attorney-General, Admissions Board and Supreme Court  The ‘rules’ that regulate lawyers – Conduct Rules (for both Barristers and Solicitors), Legal Profession Act 2004 (NSW), Legal Profession Regulations 2005 (NSW) and common law  Admitting lawyers  Disciplining lawyers CLASS 7: Legal Players – Professional Identity and Resilience Legal Players – Judges, Juries and Others Professional Identity and Resilience  Types of Lawyers - Family Lawyers - In-house Lawyers - Government Lawyers - Corporate Lawyers - Community Lawyers  Professional Identity  Resilience Judges, Juries and Others a. Judges  The role of judges  Appointing judges  Disciplining judges  Ethical dilemmas faced by judges b. Juries  The role of juries  Selecting jury members  Jury exclusions c. Attorney-General  The role of the Attorney-General d. Other legal professions  Law academics  Law historians  NSW and Australian Law Reform Commission CLASS 8: Ethics and Criminal Law  The concept of lawyers’ duties 2 Downloaded by Mark Samuel () lOMoARcPSD|  The role of the Crown Prosecutor  The role of the criminal defence lawyer CLASS 9: Integrity and The Law  Duty to the Law  Duty of Confidentiality a. Introduction to Duty of Law b. Professionalism and Respect for the Court c. Independence d. Duty to Educate the Client e. Duty of Confidentiality CLASS 10: Duties to Client, Colleagues and Others  Duty to Client: Retainer and the Fiduciary Relationship  Self-Interest  Duty to Third Parties and Colleagues EXAM Format:  5 QS worth 40 marks – 8 marks each. 7 short answer questions, you have to answer 5.  Answer QS at the back of the booklet.  Exam is worth 50% and 2 hours long with no reading time. It is also open book.  Examples of the type of questions that will be asked are set out on pages 410-411 of the Seminar Materials. You will see that there are examples of short answer questions as well as multiple choice questions.  Part A of the exam consists of 10 multiple-choice questions and comprises 10 marks. Students must attempt questions 1 to 10.  Part B consists of 5 short answer questions; each question is worth 8 marks, making a total of 40 marks. You have a choice of 5 out of 7 questions.  TIME: 2min20sec Per multiple Choice Questions and 19.2min per short answer. EXAM Hints:  Theory for exam is important  suggests not as much as ‘opinion’ questions.  The questions in the exam will draw on theory.  There is no ‘critically analyse’ in the exam, only ‘discuss’  Short answer: Will be a statement, or little question, that requires you think what topic and theory is it asking for, the relevant author or section of the text, is there an example or case. GIVE REFERENCES IN ALL ANSWERS. Eg. Rules on Solicitors’ on Confidence Rule 9 and refer to a section on the readings, and a case. Eg. Abuse of process – you could refer to Keddies Case, the textbook and the idea of certifying proceedings.  It is a knowledge-based exam.  Asking you to identify.  How long should the short answers be? A good big paragraph – half page to a full?! Depends.