Tutorial Letter 301/4/2020 General tutorial letter to all LLB Students LLBALLF College of Law School of Law

Tutorial Letter 301/4/2020 General tutorial letter to all LLB Students LLBALLF College of Law School of Law Note: This tutorial is available on myUnisa. 2 1.1 A word of welcome from the School of Law..................................................................................4 1.2 Purpose of tutorial letter 301 ........................................................................................................4 2 ORIENTATION TO OPEN DISTANCE LEARNING (ODL)...........................................................5 2.1 The nature of ODL ........................................................................................................................5 2.2 A shift towards an ODeL model .................................................................................................6 3 WHAT THE CLAW EXPECTS OF YOU .......................................................................................7 4 LEARNING STRATEGIES ...........................................................................................................8 4.1 Allocating your time ...................................................................................................................8 4.2 Reading for understanding ........................................................................................................9 4.3 Making your own glossary .........................................................................................................9 4.4 Re-using effective learning strategies ...........................................................................................9 5 ASSIGNMENTS ...........................................................................................................................9 5.1 The value of assignments ........................................................................................................10 5.2 Read the assignment................................................................................................................11 5.2.1 Find the keywords ....................................................................................................................11 5.2.2 Compile a list of things to establish ........................................................................................13 5.2.3 Researching the assignment topic(s)......................................................................................13 5.2.3.1 Study guide and prescribed textbook ....................................................................................13 5.2.3.2 Other recommended sources................................................................................................13 5.2.3.3 Selecting relevant information...............................................................................................14 5.2.3.4 How to make notes ...............................................................................................................14 5.2.3.5 Assessing sources................................................................................................................15 5.2.3.6 Answering the assignment....................................................................................................15 5.2.3.7 Formal requirements ............................................................................................................19 5.2.3.8 Some editing tips ..................................................................................................................19 5.2.4 Prescribed style of referencing....................................................................................................20 5.2.4.1 Basic rules of referencing in the School of Law.....................................................................21 5.2.4.2 Specific rules for different types of sources...........................................................................21 (a) Books and contributions in books ..........................................................................................21 (b) Journal articles .........................................................................................................................23 (c) Old authorities ..........................................................................................................................23 (d) Internet sources........................................................................................................................23 (e) Law reports ..............................................................................................................................23 (f) Legistlation............................................................................................................................... 24 CONTENTS LLBALLF/301/4/2020 3 (g) International/regional documents/instruments.......................................................................24 5.2.5 Ethical behaviour as Student ..................................................................................................... 25 5.2.6 How to approach Multiple-choice questions................................................................................27 6 EXAMINATION...........................................................................................................................28 6.1 Planning and revising..................................................................................................................28 6.2 In the examination venue............................................................................................................29 6.3 Supplementary/aegrotat examination..........................................................................................30 6.4 FI Concession.............................................................................................................................30 7 IMPORTANT CONTACT DETAILS ............................................................................................31 7.1 ADMINISTRATIVE DEPARTMENTAL STAFF OF THE SCHOOL OF LAW................................31 7.2 University....................................................................................................................................32 8 BACHELOR OF LAWS ..............................................................................................................33 8.2 LLB Credits ...............................................................................................................................34 8.4 Overview of module purpose per level in the LLB .......................................................................40 4 Dear Student 1 INTRODUCTION 1.1 A word of welcome from the School of Law It gives us a pleasure to welcome you as a new or as an existing LLB student in the School of Law, under the College of Law (CLAW). We are pleased that you have chosen LLB as a field of study. LLB graduates play a vital role and contribute significantly to our society in various ways. Therefore, we hope that your study experience at Unisa will be both pleasant and stimulating, and that you will successfully complete your studies. This tutorial letter contains important information that will assist you in your studies in the School. Please read it carefully and refer to it when working through the study material, preparing the assignment(s), preparing for the examination and addressing questions to your lecturers. At the outset it is very important to remind you that you must read all the tutorial letters you receive during the semester immediately and carefully. The information they contain is always important and may well be urgent. They often contain additional study material or information about recent developments in the law that is prescribed for the examination. They also provide general feedback on the assignments and comments on the examination. Enjoy your studies. I wish you all the best! Director School of Law 1.2 Purpose of tutorial letter 301 This tutorial letter contains important information that will assist you in your studies for the LLB degree. It should be read with the STUDY@UNISA brochure. This tutorial letter outlines a few study skills that will enable you to become more independent as LLB students and answers some of the common questions asked by LLB students. It sets out various study techniques and guidelines and provides an overview of the LLB degree as it is currently presented from NQF levels 5 to 8. It is important to familiarise yourself with its contents before embarking on your studies in the various modules offered by the different departments. It also contains the School of Law reference or citation guide, which you are expected to apply in all your modules to avoid plagiarism. LLBALLF /301/4/2020 5 2 ORIENTATION TO OPEN DISTANCE LEARNING (ODL) 2.1 The nature of ODL Unisa is a provider of quality distance education programmes and one of its main objectives is to be a leading Open and Distance Learning institution. The Open Distance Learning Policy defines “open distance learning” is defined as: a multi-dimensional concept aimed at bridging the time, geographical, economic, social, educational and communication distance between student and institution, student and academics, student and courseware and student and peers. Open distance learning focuses on removing barriers to access learning, flexibility of learning provision, student-centredness, supporting students and constructing learning programmes with the expectation that students can succeed. 1 Several crucial components are necessary to define open distance learning at Unisa and to implement the policy. These components are the following: o open learning o courses and curriculum o learning material and resources o student support o communication o student and staff management systems Open learning Open learning consists of two components, namely open access and open learning. The term “open access” implies a lack of formal entry requirements, open admissions and no entrance examinations. It suggests policies and practices that permit entry to learning with no or the minimum of barriers with respect to age, gender or time constraints and with recognition of prior learning. Open learning is an approach to learning that gives students flexibility and choice in what, when, where, at what pace, and how they learn. Courses and curriculum It must be noted that although open distance learning is not necessarily inexpensive, the fact that open distance learning may lower the cost of education is seen as one of its advantages. In the South African context, it is also a specific policy objective, namely, to provide access to previously disadvantaged communities. In that sense there is an imperative to provide affordable courses, and curricula and economies of scale play an important role in achieving it. 1 “Unisa Open Distance Learning Policy”, nd%20Student%20Support/Documents/OpenDistanceLearning_Council3O (Date of use: 21 November 2018). 6 Learning material and resources Learning material, also referred to as study material or tutorial letter, is an essential component in all open distance learning systems. It is the clearest manifestation of developing ODL pedagogy and is the single most important element in ensuring the successful roll-out of ODL. Comprehensive, well-designed materials stimulate self-directed learning and impact on the quality of the system as a whole. The design, development and production of materials are, therefore, extremely important in an open distance learning system. Student support Providing student support is one of the most critical aspects in becoming an ODL institution. It is the differentiating factor between a correspondence institution and a modern ODL institution. Student support may be defined as some kind of direct interaction between the learner and teacher or mentor/facilitator. Historically interaction was face to face (e.g. group discussion classes) but in a technologically driven world interaction will increasingly be by means of electronic communication (e.g. e-tutors). Communication In an ODL institution, a clear strategy is required to facilitate communication between students and the institution (academic and support staff). Communication provides a way to deliver learning materials and resources and enables academics and students to interact. An ODL institution can, therefore, not function without a fully functioning learning management system. Student and staff management systems In an ODL context, the academic support systems must be well defined to ensure that learning is effective. Learning takes place at a distance and without effective management systems, delivery becomes ineffective and the academic process is compromised. The academic support systems include, for example, admission and assessment systems. 2.2 A shift towards an ODeL model The ODeL model sees a complete shift to open, distance and, ultimately, e-learning at Unisa with corresponding implications for all operations and support systems. This model transforms the entire institution’s transactional environment with external and internal stakeholders so that all aspects of that environment are fully digitised and thus underpinned by robust, effective and integrated ICT applications. The model does not mean that Unisa will become a fully online University because face-to-face interactions, experiential learning and practical modules associated with distance education will still be offered. Thus, the e in ODeL means an increased use of the affordances of ICTs, but not a wholesale e-learning approach for all courses at all levels in all colleges. LLBALLF /301/4/2020 7 Unisa will offer support to undergraduate and postgraduate students through a menu of highquality technology-enhanced services (including tutorial and e-learning support services) continuously to improve student success and throughput. You might have been given access to the University because of its open nature. In some cases, this may mean that you do not have the necessary skills to cope at a residential university because you have been, for example, out of the education system for a long time. But these skills can be developed and an ODL context is perfectly suited for this type of development. It also means that you will rely on a variety of sources to ensure successful completion of your chosen study path. Now that you are registered, you will have access to resources that will help you to make a success of your studies such as study guides, assignments, the library, lecturers, tutors, literacy centres, counsellors to assist with study skills, peer groups, the online learning management system myUnisa, and so on. These resources support an ODL environment and aim to lessen the distance between student and university. Distance education provides an independent study package for all modules. Many people are not used to studying completely in isolation from the institution, their lecturers and fellow students. Many distance education students feel isolated in the learning experience and, unfortunately, many do not complete their studies. With the use of the myUnisa platform there is, however, no longer a disconnect between the institution, the student, the lecturer and peers. Consult the STUDY@UNISA brochure for the specifics of myUnisa and ensure that you use it to support your learning experience at Unisa. The CLAW staff rely heavily on this platform to interact with their students and in a technologically advanced world distance is no longer a barrier to quality learning and teaching. In our experience (and statistical data proves it) students who regularly interact on myUnisa achieve much higher results than those who do not. 3 WHAT THE CLAW EXPECTS OF YOU In the CLAW we expect students who register for the LLB to be able to: o learn from predominantly written material o communicate what they have learnt comprehensibly in the medium of instruction o with guided support, take responsibility for their own progress o identify and understand the role of the law in everyday life o think critically and analytically within a contextual framework o solve complex legal problems o engage with legal text o enter a career in law based on their academic knowledge and skills o advance legal scholarship in a regional and global context o act responsibly in their chosen career o contribute to the realisation of a just society based on a legal democracy 8 We also expect students to plan, monitor (including adapt) and evaluate their learning and their strategies. Asking questions is one way of taking control of your own learning. Planning: What do I already know that will help me to do this activity? What should I do first? How much time do I have and how much time do I need to learn this? What resources do I have and where can I go for help? Doing: What steps do I need to take to implement my planning? What resources do I need to effectively implement my planning strategies to achieve my goals? Monitoring: Am I on the right track? How am I doing in respect of time? Do I need to speed up? Do I need to slow down? Do I need to (re)prioritise? What must I do if I don’t understand? How can I revise my plan if it isn’t working? Evaluating and amending: What could I have done differently? How well did I do? What did I learn that I could use in other tasks? How long did this take me? Could I have done it in less time? How? We strongly recommend that you visit the online platform for Counselling and Career Development, which can be found on the Unisa corporate website ( 4 LEARNING STRATEGIES You will encounter learning strategies in the module: Skills Course for Law Students (SCL1501). This section of the tutorial letter will provide those of you who have not yet completed SCL1501 with generic guidelines for allocating your time and for planning and goal setting by using effective learning strategies and approaches to assignments: 4.1 Allocating your time Students often register for more modules than they can handle. Each CLAW module requires 120 hours of study spread across different activities in that particular module. For a semester of twelve to fifteen weeks you must have about eight to ten hours a week available for each module for which you are registered. The more accurate your calculation of your available time, the more realistic you can be about the number of modules you can register for in a semester. Please remember that Unisa permits only five modules per semester. Calculate the number of hours in a week you have already committed to the following activities: sleeping, household chores, employment, travelling, errands, socialising, and so on. Subtract the number of hours you have already committed from the potential 168 hours available in one week. Divide the total by 10. Now you can estimate the maximum number of modules that you could take in a semester if you consider that you need 120 hours per module in a semester of twelve to fifteen weeks. One of the biggest dangers of distance education is that a crisis such as a sudden illness, can throw you off track. If such a crisis occurs, be flexible and recalculate your LLBALLF /301/4/2020 9 time so that you can catch up. This is easier to do if you were on track before the crisis. Consult your lecturer for advice immediately if you fall behind. Once you have estimated your time, set short and long-term goals to ensure that you manage your work efficiently. 4.2 Reading for understanding You need to read your study packages so that you can navigate your way around them successfully. Check the title of every document you receive in the study package for each module. This tutorial letter and Tutorial Letter 101 for all modules in CLAW contains important information and instructions. Your study guide is also important. Start with the table of contents which gives the high-level headings and will orientate you to the scope and content of the module. Students have different reading speeds and abilities. How good a reader are you? You need to develop your reading skills until you can read about 250 words a minute to manage the reading load for each module. You can easily establish your current reading speed by taking a textbook or study guide and getting someone to time you for a minute while you read. Then count how many words you have read in that minute. One way to read more efficiently is to skim the text first by reading only high-level headings, the first sentence of every paragraph and looking at diagrams to get overall general sense of the content. You can write a summary based on this strategy. Once you have the big picture or main ideas, you will understand the detail more easily. Other effective reading strategies are to self-question, re-read, paraphrase to understand, link to prior knowledge, look for topic sentences, make outlines and draw diagrams, form study groups, and flag to ask a lecturer. 4.3 Making your own glossary A glossary is like a dictionary: it gives you the meaning of a word or phrase. You should start to compile an alphabetical list of new terms that are explained in the study guide or textbook and add examples to make the meaning even clearer. You might even wish to write an explanation in your own language if you use English as an additional language. This is very important because each sub-field of law has its own jargon. 4.4 Re-using effective learning strategies Some learning strategies work and add to your success; others make you feel that you will never understand the work and, therefore, you memorise and reproduce information. But memorisation itself is also a learning strategy. If memorisation is your main strategy and you keep failing, you need to realise that it does not work. If compiling your own glossary helps you to learn, use it in all your modules. If skimming helps you to learn more successfully, use it on all your texts. Keep a note of strategies that work for you so that you can re-use them directly or in an adapted format. 5 ASSIGNMENTS 10 5.1 The value of assignments The importance of assignments cannot be over-emphasised. Assignments, like the activities in the study guide, form an extremely important part of the learning in a module. Assignments are important since they allow you to determine the standard that CLAW sets for its students and the quality of work it expects. Comments on assignments are usually detailed. If you read these comments and relate them to what you wrote in your assignment, you will benefit when you revise work for examination purposes. Assignments also prepare you for the examinations by giving you a chance to practise for final assessment. Assignments and examinations have different purposes. An assignment helps you to learn and it often focuses on only one or two outcomes whereas an examination tests your mastery of all the learning outcomes for the module. Your assignments also contribute to examination admission and your year mark. Each module has different exam/assignment weightings and different methods of formative assessment. Consult Tutorial Letter 101 for each of your modules to ensure that you comply with its specific requirements. The purposes of the assignments (and the activities in the study guide, online discussion forums, etc.) are as follows: o We want you to engage actively and learn through doing and receiving feedback. o We want to motivate you to work through all the study material and achieve all the outcomes. o You need to learn the reading and writing skills expected of a future professional. o We want you to practise synthesising from various sources; that is, combining different ideas and arguments in a single answer. o You need to practise gathering material and presenting ideas/arguments in a logical, ordered fashion using convincing arguments (merely copying the study material is not acceptable). o You need to learn to use assessment criteria and feedback on assignments to increase your ability to self-assess. When you enter the world of work, you will have to evaluate your own arguments and submissions and you should, therefore, acquire this skill as soon as possible. In the School of Law, we require you to present and structure your essay type assignments according to a logical method. This tutorial letter (301) helps you to do this correctly. It should, however, be studied in conjunction with Tutorial Letter 101 for each module which you have registered for in 2020. Your assignment answers must satisfy certain requirements for scientific and academic writing. It is, therefore, important that you read this tutorial letter before attempting to write an assignment answer. As you progress with your studies, you will have to become increasingly meticulous in the application of the scientific method for writing assignments. Please note that you will be penalised if your assignment answers do not comply with these requirements. Read this tutorial letter again when you receive a marked assignment from us so that you can understand the lecturer's comments better. LLBALLF /301/4/2020 11 5.2 Read the assignment It is very important that you read the assignment carefully and make sure that you understand what is required. Read it several times so that you do not misinterpret it. Look up any unfamiliar words in a dictionary. Important subject terms are defined in your study guide and prescribed textbook and it is important to consult these as well. The wording, instructions, assessment criteria and guidelines of the assignment convey crucial information is conveyed in the way in which the assignment is worded as well as through the provided with the assignment. Continues...