LAW112 Assessment 3 Haley McEwen

The brief Worth 40% DUE: Thursday 12 October Length: 2000 words (excluding references) Style: AGLC all the way! The brief

To what extent does the Australian legal system achieve justice for Aboriginal and Torres Strait Islander people? The big question

How do you answer this? Define the concept of ‘justice Critically analyse the key access to justice issues for Aboriginal and Torres Strait Islander people  To what extent do international human rights law and mechanisms achieve justice for Aboriginal and Torres Strait Islander people?  Critically evaluate a justice initiative which promotes self- determination for Aboriginal and Torres Strait Islander people How do you answer this?

Define: To give in precise terms the meaning of something Define: To give in precise terms the meaning of something. Bring to attention any problems posed with the definition and different interpretations that may exist. Critically analyse: Provide an in depth examination of the strengths and weaknesses of the ideas/arguments in the assessment question/statement supported by evidence. Critically evaluate: Give your verdict as to what extent a statement or findings within a piece of research are true, or to what extent you agree with them. Provide evidence taken from a wide range of sources which both agree with and contradict an argument. Come to a final conclusion, basing your decision on what you judge to be the most important factors and justify how you have made your choice. Instruction words

In your response You must use respectful language Appropriate Terminology, Representations and Protocols of Acknowledgement for Aboriginal and Torres Strait Islander Peoples You must show evidence of an ability to plan and apply legal research strategies – min. 12 peer reviewed and credible academic sources. Structure: an introduction, body and conclusion. You must proofread your assignment and apply written communication conventions In your response

Marking criteria Defines the concept of justice   Defines the concept of justice The concept of justice is defined critically with different viewpoints synthesised into a coherent response.   The concept of justice is defined with some level of synthesis and critique Some limitations on the concept of justice are included in a definition of justice. The concept of justice is defined. The concept of justice is not defined and an uncritical response is presented. Critical reflection on access to justice for Indigenous Australians A specific judgment is taken that analyses the complexities of the issues, synthesises limitations and evaluates alternate points of view. A specific judgement is taken that recognises complexities, and acknowledges others’ points of view. A specific judgement is taken that details different sides or possible interpretations of the issue. A specific judgement is put forward, that critically reflects on access to justice for Indigenous Australians.   A specific position or argument is not advanced; or is not comprehensive, or is inaccurate or confused. Knowledge and analysis of international human rights law and its application to Indigenous Australians Informed and synthesised analysis and critique of international human rights law and mechanisms and their application. Comprehensive analysis of the application of international human rights law and mechanisms. Detailed knowledge of international human rights law and mechanisms and some attempt at application. Broadly descriptive analysis of international human rights law and mechanisms, and their limitations. No international human rights law or mechanisms cited or evaluated, or is inaccurate or confused. Critical evaluation of a justice initiative that promotes self-determination for Indigenous Australians A justice initiative is comprehensively and critically evaluated against the central concepts of self-determination, demonstrating a high level of understanding. A justice initiative is critically evaluated against the majority of the key concepts of self-determination with few errors. A justice initiative is critically evaluated against some principles of self-determination. A justice initiative is identified and links are outlined with  principles of self-determination The justice initiative is identified, or is described with minimal, inaccurate, confusing or no reference to self-determination principles. Evidence of ability to plan and apply legal research strategies Demonstrates informed and effectively planned legal research on most relevant contemporary developments in policy and law, citing diverse credible academic sources.  Demonstrates in-depth planning and legal research on contemporary developments in policy and law, citing credible academic sources.  Demonstrates some planning and legal research on contemporary developments in policy and law, citing credible academic sources.  Demonstrates basic planning and legal research on contemporary developments in policy and law, citing credible academic sources.  Demonstrates inadequate planning and legal research on contemporary developments in policy and law, citing few credible academic sources, or citing sources that are unreliable. Be able to apply written conventions of English Uses legal language effectively and with faultless grammar and spelling. Ideas are expressed clearly and concisely, and logically sequenced to produce a coherent, integrated, critical and creative stance that provides an insightful reflection on the field of enquiry. Uses clear and fluent language with accurate grammar and spelling. Written text is cohesive, uses correct structure to clearly and concisely express ideas, and logically sequence them, in order to create a cohesive and coherent analytical piece of work. Uses clear language with accurate grammar and spelling. The written text generally adheres to the conventional structure of an essay (introduction and scope, body, conclusion) to clearly express ideas and logically sequence most of them in order to create a cohesive and coherent piece of work. Uses understandable language, notwithstanding some grammar and/or spelling errors. The written text generally adheres to the conventional structure of an essay, mostly following English conventions to express ideas and sequence some of them, creating a comprehensible descriptive piece of work. Substantial lack of clarity of language, and/or multiple grammar or spelling errors. The written text uses some parts of the conventional structure of an essay (such as introduction or scoping of essay, body of essay or conclusion ) and outlining ideas, leading to partial communication of intended meaning. Appropriate and Respectful language use to refer to Aboriginal and Torres Strait Islander Australians Fluent and comprehensive understanding and demonstration of respectful/appropriate language use.   Demonstrates an informed ability to use respectful/appropriate language. Demonstrates sophisticated ability to use respectful/appropriate language. Demonstrates the ability to use respectful/appropriate language with few errors. Demonstrates no or limited respectful language use. Referencing - Ethical and Legal Demonstrates comprehensive referencing consistent with the Australian Guide to Legal Citation. Demonstrates accurate referencing consistent with the Australian Guide to Legal Citation. Demonstrates referencing mostly consistent with the Australian Guide to Legal Citation. Demonstrates referencing consistent with the Australian Guide to Legal Citation, but with minor errors. Most referencing is inconsistent with the Australian Guide to Legal Citation, or fails to use a referencing system. Marking criteria

Remember! You must use AGLC3 referencing Check your word count (+/-10%) Proofread it! Ask ALLaN to review your work Send me your draft (2 weeks prior) Run it through turnitin Submit via EASTS. Remember!

Student Learning Development, University of Leicester, Essay Terms Explained <http://www2.le.ac.uk/offices/ld/resources/writing/writing- resources/essay-terms>. References