Common Assessment Types

CLASS PARTICIPATION
Students are expected to arrive at class having read set materials and prepared to discuss them in class. A mark is given for the level of contribution each student makes to the learning in the class.
Assessable class participation is designed to:

• encourage preparation for class;
• encourage students to learn, think, analyse, reflect and evaluate legal material prior to covering that content in class;
• assist students to develop the capacity to think clearly and to present oral arguments;
• develop collaborative and group learning skills.

There are four main types of class participation.
1. Voluntary contribution: volunteered responses to teacher questions and comments on issues
Teacher leads discussion in class. Issues are raised and questions are posed. Students provide solutions to problems posed or discuss issues as they feel comfortable.

2. Required contribution: responses to teacher questions directed at specific students
Teacher leads discussion. Issues are raised and problems posed by the teacher. Teacher directs questions towards specific students for response.

3. Pre-warned contribution: required contributions from one or more students assigned for that class
Prior to class, general issues, questions, themes and problems are identified which will be discussed in the next class. During class a small group of students will be tasked with discussing those issues, themes, problems and questions, essentially leading discussion. Other students are still expected to participate in discussion

4. Prepared contribution: responses to pre-assigned questions
Prior to class, specific questions relating to the next class topic will be identified. These specific questions will provide the basis for class discussion. These can be assigned to individual students, small groups, or the class as a whole to answer for the benefit of the whole class. This method can encapsulate aspects of class participation type 2 and 3 above. All members of the class are still expected to participate in discussion.

Formal oral presentations are generally not part of class participation. Such presentations include explicit assessment of communication skills, use of presentation aids, etc. Class participation is more focussed on beginning or contributing to discussion.

Marking criteria
In general terms, class participation is marked against the following criteria:

• Evidence of preparation for class
  • Familiarity with set readings and relevant material, including (as may be necessary) assigned online content
  • Frequency of participation
  • Relates to number of contributions across the Term
  • Relevance
  • Evidence of critical thinking and depth of analysis
  • Demonstration of ethical and professional values
  • Ability to identify issues, provide analysis and apply the relevant law or concept
  • Willingness to consider alternative viewpoints
  • Not dominating a discussion or belittling others’ contributions
  • Willingness to admit to lack of understanding or areas of confusion
  • Ability to formulate responses in clear and succinct terms
  • General oral skills
  • Presentation of persuasive argument
  • Willingness to raise pertinent and thoughtful questions
  • Contribution to group climate
  • Attitude to learning and the subject
  • Attentiveness in class

  ONLINE CONTENT
  Students are expected to complete all assigned online tasks by the time specified in the relevant course outline, reading guide, moodle page or as otherwise communicated to students. The assessment of online content may be considered as a component of Class Participation (as above) or some items may be assessed as a standalone assessment item. The online content may be formative, summative or contain aspects of each. A particular task may be designed to help students obtain an overview of course themes, focus on particular course material, provide feedback to the teacher about students who may be having difficulties and provide feedback to students as to their understanding.

  The online assessments may take the form of, but are not limited to:
  

  • Videos
  • Quizzes
  • Short answer responses
  • Forum posts
  • Reflective exercises

  In general terms, online content is marked against the following criteria:
  Successful completion of assigned task
  

  • May be based on completion alone or may be assessed based on percentage of correct answers, as specified in relevant course materials

  Demonstrated comprehension (as required)
  

  • Ability to identify issues, provide analysis and apply the relevant law or concept
  • Evidence of critical thinking and depth of analysis
  • Demonstration of ethical and professional values

  FORMAL PRESENTATIONS
  Students may be asked to prepare a talk on a set topic for presentation to the class. Topics may arise out of the class readings, areas not covered in readings, or reports on research being undertaken by the student. What separates this assessment task from other oral activities is the explicit marking of the method and manner of the presentation in addition to the matter of the topic. Typically, students will be marked on the appropriateness of the visual aids they used, the style of delivery, keeping to the set time, the persuasiveness of their presentation, their ability to generate discussion, and their ability to deal with questions, in addition to knowledge and understanding of the topic.

  Marking Criteria
  In general terms, presentations are marked against the following criteria:

  • Use of visual aids and other props
    • Appropriate to topic
    • Used creatively
    • Does not distract from speaker
    • Used to highlight points, not a mere mirror of what is being said
    • Easy to understand – eg, not a wall of text
    • Verbal skill/style
    • Clarity – speaking in a way that the audience can follow and understand
    • Pace – speaking in a way that is not too fast to understand or so slow that audience loses interest
    • Fluency – presenter does not interrupt presentation to collect thoughts, arrange notes, etc.
    • Use of appropriate style and language for audience and topic – eg any humour used is not offensive, does not detract from the persuasiveness of the presentation; language is not overly colloquial, etc.
    • Non-verbal skill/style
      • Presenter maintains eye contact with audience
      • Posture, gestures, etc. are appropriate for a formal presentation
      • Presenter projects interest and engagement in the topic they are presenting
      • Introduction and conclusion are clear
      • Topic is clearly defined, and trajectory of argument is set out
      • Central argument is clear
      • Presenter generates discussion
      • Presenter encourages questions
      • Presenter attempts to answer relevant questions
      • Presentation is made in a persuasive manner with the presenter taking a clear position on issues
      • Alternative perspectives are recognised and considered to the extent necessary
      • Points and issues raised are synthesised into overall argument
      • Presentation does not indicate confusion over underlying principles and concepts
      • Legal and other concepts are articulated clearly
      • Sources are cited correctly and appropriately (ie sources are generally acknowledged but without pinpoint citation unless necessary)
      • Presentation is delivered within the allotted time frame

      
      FACT SCENARIO ANALYSIS
      These assessments build skills of legal analysis and professional communication. Generally, courses earlier in the degree set problem questions, and later courses move to more practice- oriented advice questions.

      1. Problem question: Problem questions are closely aligned with developing students’ legal knowledge, legal reasoning and critical thinking, and writing skills. Generally, a ‘fact scenario’ is provided to students. The scenario will be designed around the legal (and sometimes ‘non-legal’) issues that the course is seeking to highlight. Questions (‘problems’) are provided relating to the fact scenario. Students are required to identify the legally relevant facts, apply them to the applicable legal doctrine or legislative provision and assess the likelihood of a breach of the law. Some tasks may also require assessment of damages or penalty. By default, students take the position of a disinterested “judge” in assessing the scenario. Often the fact scenarios assume facts to be proven to allow discussion of legal issues alone.

      The complexity of problem questions can be varied by the length of the fact scenario (and hence number of legal issues arising) and the specificity of the question/s asked.

      2. Advice: In an advice variant of the problem question, the student is required to take the position of a lawyer acting for one of the parties in the fact scenario. In an advice, assessment is not only of the ability to analyse the legal situation, but also the professional ability to see the implications for the client of taking certain positions in litigation, etc. and the ability to communicate clearly to non-lawyers. The fact scenarios in advice assessments may be more like that encountered in practice, for example containing higher levels of ambiguity, or be in the form of a brief of evidence.

      Format requirements
      The default style requirements for problem question assessments in the Law School are:

      • Assignments should be typed and provide sufficient margin areas for markers comments.
      • There should be double or 1 ½ spacing between lines.
      • Assignments should be fully referenced using the Australian Guide to Legal Citation (4 th Ed), https://law.unimelb.edu.au/__data/assets/pdf_file/0005/3181325/AGLC4-with-Bookmarks-1.pdf.
      • Assignments should include footnotes but not bibliographies. Failure to appropriately reference may amount to plagiarism.
      • Word limit for assignments is calculated by reference to all text in the assignment. This excludes citations and references in the footnotes, but includes discursive text within footnotes. See the UNSW Law Assessment Policy for further information.
      • All written assignments must be submitted through the Turnitin link located on the course moodle page

      Marking criteria for problem questions:
      In general terms, problem questions are marked against the following criteria:
      

      • Identification of material facts
        • Mention of all facts relevant to resolution of legal and policy issues set out
        • Areas of uncertainty noted
        • Areas of law raised by the facts identified
        • Elements required for liability set out
        • Policy issue/s raised by facts are identified.
        • Rules for resolving legal issue identified
        • Hierarchy of sources of authority applied (statute, case-law, etc)
        • Relevant conflicting authorities noted and resolved
        • Succinct application of rules to relevant facts
        • Positive or negative outcomes for each rule where possible
        • Evidence of reasoning when outcomes not clear
        • Recognition of plausible counter conclusions and succinct explanations as to why that conclusion was not applied
        • Different policy approaches to issues identified
        • Implications of each approach assessed
        • Conclusions given for all identified issues
        • Reasons given for conclusion
        • Appropriate concentration on issues most practically relevant to resolving overall scenario
        • Logical order of discussion of issues where relevant
        • All sources acknowledged
        • Correct and consistent citation of authorities
        • Formal English and grammar used throughout – no colloquialisms
        • Paragraphs and headings are used to clearly identify discrete issues

        
        ESSAYS AND WRITING
        There are five main types of writing assessment task used in the Law School; essays, research essays, thesis essays, case notes and court reports. Individual courses may have additional formats.

        The three types of essay progressively reduce the amount of scaffolding, and thus adapt well to students’ increased knowledge and skills. The essay types provide opportunity to assess and build on a student’s growing capability over the degree program. The most basic form provides considerable structure for the student, while the later forms require more advanced skills.

        Case notes and court reports are focused on developing legal knowledge and legal understanding. The focus is on concise, clear and accurate writing. They provide significant opportunity for interaction with the legal ‘system’, and for providing depth of insight into legal issues. Furthermore, they provide opportunity for considerable feedback and student reflection on law and practice.

        1. Essay
        In this foundational type of essay, the questions are provided to the student along with most if not all the research material required by the student to complete the task. This material can include a specific or extended reading list including books, journals, cases and legislation. The emphasis in this form is to introduce students to the basics of legal research and develop their writing and comprehension skills.

        2. Research Essay
        In this type of essay, the topic is usually provided, but most research is conducted by the student. Any direction as to source material is secondary or minimal only. In other words, generally no set ‘reading list’ is provided. The focus here is on a student developing independent research skills, while still fine-tuning general writing and comprehension ability.

        3. Thesis Essay
        In this final essay type, students define their own topic and conduct wholly independent research. All formal scaffolding is removed. The emphasis is on higher level abstract thinking, research skills and conceptual understanding. Thesis essays generally have longer word limits than research essays.

        4. Case Note
        Students are provided with a specific legal case. The general format of the task is to provide analysis of the case, such as by identifying the legal issues, the reasoning behind the judge’s decision and any other significant comment on other pertinent matters. The case note also requires ‘commentary’ by the student. This is the student’s own analysis of the significant issues raised by the case. The student discussion may include suggestions as to possible law reform, or as to why the student agrees or disagrees with the judgment made. Secondary sources may be used in this commentary. The case note assessment provides considerable opportunity for students to develop critical legal thinking, for student reflection and deep learning.

        5. Court Report
        Combining significant aspects of ‘experiential learning’ the court report assists in developing a student’s conceptual understanding of the law. The assessment task can be both specific and general, meaning it can be adapted to different stages of the program. In a general approach, students are invited to think about various aspects of ‘the trial’ for example, or ‘court processes’ or other aspects of the adversarial system of justice. Many of these approaches may have been discussed in class, and there may be considerable primary and secondary source material available. Students attend courts and describe their observations within the context of the class themes. A more specific approach would be for students in a particular course to attend a particular type of court or tribunal then to report on the specific operation of that body in the context of their specific course, or even in relation to a particular legislative or common law provision (for example a section of the Evidence Act). There are often further detailed instructions issued to students.

        Format requirements
        The default style requirements for essay style assessments in the Law School are:

        • Assignments should be typed and provide sufficient margin areas for markers comments.
        • There should be double or 1 ½ spacing between lines.
        • Assignments should be fully referenced using the Australian Guide to Legal Citation (4 th Ed), https://law.unimelb.edu.au/__data/assets/pdf_file/0005/3181325/AGLC4-with-Bookmarks-1.pdf.
        • Assignments should include both footnotes and bibliography. Failure to appropriately reference may amount to plagiarism.
        • Word limit for assignments is calculated by reference to all text in the assignment. This excludes citations and references in the footnotes and the bibliography, but includes discursive text within footnotes. See the UNSW Law Assessment Policy for further information.
        • All written assignments must be submitted through the Turnitin link located on the course moodle page

        Marking criteria
        In general terms, essay style assignments are marked according to the following criteria:
        

        • Structure
          • Clear introduction, body, and conclusion
          • Clarity of scope/delineation of scope of essay
          • Logical flow of proposition and evidence
          • Integration of evidence
          • Support provided for contentions and assertions of fact, law or opinion
          • Consideration of contrary positions
          • Evidence of sufficient independent research to address issues in topic adequately
          • Use of appropriate sources for topic – eg primary (where available), peer reviewed
          • Evidence of awareness of any relevant issues arising from class readings
          • All sources acknowledged
          • Correct and consistent citation
          • Bibliography
          • Demonstrated understanding of primary and secondary material analysed
          • Assertions and contentions of fact, law or opinion are not made without appropriate sourcing
          • Reflection –essay engages with the material
          • Reflection – essay demonstrates independent thought
          • Conclusions are drawn
          • Different perspectives are evaluated
          • Identification of knowledge gaps
          • Ability to weigh sources by evaluation and judgment
          • Awareness of the ambit of sources
          • Use of own words as appropriate
          • Grammar, sentence, paragraph structure, etc.
          • Appropriate tone/voice – minimal verbosity.

          
          GROUP WORK
          There are three main types of ‘group work’ identified in the Law School. There are some similarities between them; however, like the essay types identified above, the different types of group work can be scaffolded. They lend themselves to be deployed across the program strategically to develop and then build upon students’ growing ability.

          1. Ad-hoc
          This type of group work is the most ‘foundational’; it can be used across all courses in the program, and often forms the basis for an effective class participation strategy as well. Ad-hoc groups are formed as part of the class, or an extension of it, and last only for the length of the task assigned to the group. Most often they are short small group discussions held within a class examining an issue that is then reported on back to the class. There is usually no grade awarded for ad-hoc group work – it often goes toward part of a student’s class participation grade. Ad-hoc groups are useful for adding variety to teaching techniques, building students’ inter-personal skills, broadening perspectives on issues, and acclimatising them to later formal groupwork. Ad-hoc groups need not be seen as merely introductory forms of group work. As students become more proficient at group discussion, ad-hoc groups can be given more complex tasks.

          2. Cooperative
          These are more formal group activities structured by the teacher that generally include summative assessment. The assessment of a collective learning task often includes the process and not just the final product. While the focus of the task is on developing group skills, learning to support each other and developing a ‘unified’ approach through a final essay or presentation, the emphasis, at least in terms of assessment, still remains very much on the individual’s mastery of skills or content in a group setting. Consequently, the task is structured in such a way that there is a significant component completed individually, such as written papers following a group presentation, or individually assigned sections of a final paper that the group collectively researched. The aim of co-operative group work is to introduce students to group responsibilities with a safety net of individual assessment. It can be useful for tasks too complex for an individual student to easily complete in the required timeframes, or to help raise the level of achievement or engagement across a class. The teacher is also quite involved with a cooperative project, providing guidance where necessary.

          3. Collaborative
          This can be considered an ‘advanced’ or ‘capstone’ type. Under a collaborative learning approach, students work together in a small team creating a piece of work that they have developed and planned together and for which they are overwhelmingly assessed collectively through a group mark. All students in the group receive the same mark. (Generally where students are assessed as a group the mark will have a maximum 30% weighting). Collaborative learning focuses much more on the group process and often assessment will also involve individual members of the group reflecting on that group process. Collaborative learning is also suited to a group work task where the emphasis is on the group themselves coming up with a problem and a subsequent solution (similar in many ways to the thesis essay type discussed above). In other words, it can be beneficial for developing students’ capacity to ‘problem pose’ not just ‘problem solve’. In this type, there is considerable student autonomy, with teachers providing minimal, if any, direction. One form of collaborative group work, Team-Based Learning, involves groups or “firms” being formed for an entire Termand being the focus of much of the learning outcomes in the course.

          Marking criteria for group-work
          Formally assessed groupwork often has a written product of the collaboration and that work is marked according to the criteria appropriate for that style of writing. Where the process of collaboration in group work is assessed, in general terms, it is assessed against the following criteria:
          

          • Group assessment / Individual assessment
            • Individual rating of the performance of the group as a whole and a member’s individual performance. The ratings may be different.
            • Work plan is developed through consensus
            • Work plan is reviewed
            • Group meetings are structured
            • Organisation of group meetings by consensus
            • Group meetings are held face to face
            • Each member has a specific role
            • Roles arrived at by consensus
            • Members are responsible for their role
            • Work is distributed equitably
            • Distribution arrived at by consensus
            • Members are responsible for their work
            • Gr oup members encourage different viewpoints
            • All decisions by group are based on consensus
            • Potential or real issues identified
            • Appropriate responses to real issues
            • Preventive management of potential issues

            
            EXAMS
            There are two basic types of exams used in the Law School: formal exams and take-home exams. Some teachers also utilise ‘online’ quizzes and in class tests.

            1. Formal exams
            This is the traditional exam type, held during the formal examination period at the end of the Term, and centrally invigilated by the University. All examinations in the Law School are ‘open book’ unless otherwise notified to students. This means students can bring any printed or handwritten materials they wish into the examination room.
            There is some variety amongst the different formal exam types, however the most common formal exam consists of problem based questions and essay based questions. There are also a number of formal exams which contain only one of these question types. Problem based questions can require either multiple ‘short’ answers (often the case with foundational courses) or require a longer considered answer, depending on how they are worded and the scenario provided. Sometimes, students may get a choice of problem scenarios to choose from.
            Similarly, students will often have a choice of essay topics to choose from. Some exams let students choose how many problems or essays they will undertake. For example, there may be three problems posed and three essay topics. Students could choose 2 problems and 1 essay or 2 essays and 1 problem. Some exams may have a compulsory essay (or compulsory problem) that may discuss the wider themes of the course or require students to provide a considerable reflection.
            While there is no requirement for full citation, some citation is still required. For example, a case may be referred to by its popular name or the names of the parties and then underlined without the need for a full medium neutral citation. Students are expected to bring sufficient printed materials into the examination to be able to cite sources adequately.
            Please note: Electronic resources (e-books, digital textbooks, websites etc) cannot be accessed within invigilated examinations. Please consider this when purchasing materials for a course with an invigilated examination.

            The more specific structural aspects of the formal exam types in order of scaffolding (from foundation to mastery) include:
            a. Problem questions may appear in the following forms:
            

            1. Multiple short fact scenarios with question/s. Provides students substantial help in identifying legally relevant facts and in structuring responses
            2. Long fact scenario, but broken up into different sections, with question/s for each. Provides students with some help in identifying legally relevant facts and substantial assistance in structuring answers
            3. Long fact scenario/s followed by specific questions which structure nature of answer. Provides students with average degree of help identifying legal issues and in structuring answers
            4. Long fact scenario/s followed by one general question. Students are given minimal help in structuring a response to the questions
            5. Long fact scenario/s followed by highly specific questions. Students are directed to certain legal issues to the exclusion of others and given minimal help in structuring a response to the questions.

            b. Essays
            

            1. Long form: Students complete one or two essays (they may be given a choice of topics). Students have around 30 mins for each answer
            2. Short form: Students complete three or more (they may be given a choice of topics). Students have around 15 minutes for each answer.

            Essays usually take either of the following structural forms as their basis:
            

            1. A quote from a case or author is provided and the student is asked to critically discuss it. Further structure may be provided in foundational courses by requiring discussion of particular aspects of the quote, and marks may be awarded separately to components of the answer
            2. Students are asked to critically discuss an area of law, social issue or proposition. No guidance as to source materials or structure is provided. One holistic mark is provided.

            Essay topics are generally based on one or more of the following:
            

            1. Critical evaluation of the current law, including analysis of case law or legislation
            2. Theoretical issues
            3. Broader social impacts of law
            4. Law reform issues and policy considerations
            5. Practical considerations of law and regulation

            2. Take-home exams
            The exact form of a take-home exam will vary from course to course, but in essence it will be a paper released to all students at a particular time with a short time frame for submission of answers, typically 36-48 hours. There may be word limits for answers. Take-home exams are a hybrid of a formal exam and an in-Term essay or fact scenario analysis. There is usually a requirement for full citation and printed answers.
            Students are generally presented with a complex problem scenario, though the take-home exam may also consist of short answer ‘essay’ type responses instead. There is often more than one question relating to the same scenario/s, such as focusing on different participants (there could be multiple plaintiffs or defendants). The length of the answers will be determined by the number of questions asked. The take-home exam may also require a short ‘essay’ or ‘commentary’ or ‘reflection’ by the student on a specific topic.

            OTHER FORMS OF ASSESSMENT
            The Law School also uses other forms of assessment in addition to the types already mentioned. Many of these share features with the above key mentioned typologies, but are often focused towards a certain specific learning outcome desired by the teacher. The Law School encourages the development of different forms of assessment activity, acknowledging that a diverse assessment regime leads to better student engagement, deeper learning and hence improved learning outcomes. New assessment activities and formats are regularly discussed and trialled. Some examples of formats used recently are below.

            1. Poster
            In this task students are required to present material in the format of an academic poster. This format has been used by some teachers for students to present a court report or case note. Students engage with presenting material visually, within the constraints of the poster format. They must also think about the audience, getting complex information to them in a clear, yet engaging manner, which adds a significant dimension to the deep learning potential of the task.

            2. Video or other multimedia
            This method of assessment has been used in the context of a cooperative or collaborative group work task. Students are given a topic and then present their response such as through a role play, a ‘mash up’, a short film or animation, or an audio interview where they take on the role of a radio/podcast reporter or presenter. Many of these may then be uploaded to Youtube or moodle for other students to see. The multimedia format of assessment has been used in the context of a court report. The emphasis again is on students taking a different perspective to the issue – essentially thinking about a response ‘outside the box’.

            3. Scrapbook
            This is an assessment activity that is often used in foundational courses (such as ILJ and Torts). It can form the basis of a class participation strategy. Each week students are required to examine the newspapers and other media sources for stories that relate to that weeks class, or the topic and its themes more generally, and place these in a ‘scrapbook’. These form the basis for class discussion (students may be required to choose just one article per week). Each week in the scrapbook students write a short summary of why the article they choose is relevant or important etc. This is short, usually only 200 or so words. By relating the law to real current events, students are provided with context, and deeper learning opportunity. At the end of the semester students hand these scrapbooks in and receive a mark for them.

            4. Reflective notes
            This is similar in some ways to a scrapbook but differs in some key respects. For example while the scrapbook notes may relate to an understanding of the law generally (or specifically as the case may be), the reflective notes seeks to encourage a more personal consideration of the topic or subject, quite often free from the constraints of a particular methodology or structural bias. The emphasis is on eliciting a more personal, nuanced and emotional response. It seeks to encourage the students to think beyond their own present material experience and to consider the impact of the law on others for example. Furthermore, reflective writing is quite often designed and utilised to encourage students to think about themselves in terms of their ‘practice’, not just as students but as professionals, for example in relation to ethical behaviour.
            Reflective writing is used in a number of different contexts in the Law School and is adaptable to the whole range of a student’s learning as they progress through the program from foundational to capstone experiences. Students may be asked to keep a reflective journal throughout the Term, or may be asked to provide short reflections on individual topics. It may be used as an ‘ongoing’ task to facilitate class participation. It may be used as a mid- Term exercise, as part of an exam or accompanying groupwork. It is often a significant aspect of a student’s assessment when undertaking an internship and other experiential learning activities, and will take the form of a larger piece of writing (for example up to 2000 words).

            5. ‘Mini moots’
            In this format, a problem is presented. The class may be divided into those ‘for’ and those ‘against’. Discussion then flows back and forth as each side presents their argument. This is often a good use of the ‘ad-hoc’ group work strategy discussed above. The different sides discuss the issue as groups and then present to the class. Some teachers may make the mini moot more formal and structured depending on the course and the content. For example, a judge may be elected (sometimes the teacher who may be able to direct evidence proceedings) and the roles of a defence and prosecution panel who will be responsible for presenting the argument allocated. There may also be witnesses who have been given certain instructions, resulting in potentially entertaining cross examination.

            Approved by: Associate Dean Education, Professor Prue Vines, January 2020