University of Technology Sydney

78264 Price International Media Law Moot

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2024 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): (22 credit points of completed study in spk(s): C04264 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies)) OR ((142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice OR 94 credit points of completed study in spk(s): C04236 Juris Doctor) AND 70106c Principles of Public International Law AND 70107 Principles of Company Law) OR ((70106 Principles of Public International Law OR 94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.

Note

This subject is only for students who have been selected to represent UTS Law in a mooting competition, and as per the subject description, selection is via a competitive process. Students interested in mooting, are encouraged to get involved with the program run by the Law Students' Society. More information on the LSS website.

Description

This subject offers students an opportunity to participate in the Price Media Law Moot Court Competition for credit towards their degree. Established in 2008, this international moot recognise the outstanding contribution of Professor Monroe E Price to the development of media freedom and the rule of law at the University of Oxford. The competition focuses on freedom of expression issues and the role of the media and information and communication technologies. It enables students to develop their expertise in arguing a case before an international bench of judges from different legal systems and backgrounds. During the competition, the Universal Court of Human Rights becomes the final adjudicator when all national remedies have been exhausted. The teams invited to participate in the international rounds uphold the rights enshrined in the Universal Declaration of Human Rights at Oxford University while competing against teams from law schools from Europe, Asia, the Middle East and the US.

Students analyse a problem of international human rights and are challenged to engage in comparative research of legal standards at the national, regional and international levels, and to develop original arguments on cutting-edge questions in media law. They conduct detailed legal research on constitutional law and varying national laws to evaluate their impact upon freedom of speech, privacy and regulation of media content. Teams prepare written and oral pleadings arguing both the applicant and respondent positions of the case. Submissions are evaluated by judges based upon advocacy skills and knowledge of international law. Australian teams are invited to participate internationally based on their written submission scores. This subject is demanding and equates to a substantial research project. Selection for the UTS:Law team is competitive and is limited to a maximum of five students annually. Calls for expressions of interest are made in July. For information about mooting competitions see UTS:LAW Competitions and Prizes.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. Plan and analyse wide-ranging, strategic legal research to provide targeted information for effective international legal arguments concerning regulation of speech and the media.
2. Evaluate and apply the principles of media law to develop original arguments in response to complex international legal issues.
3. Engage with extensive preparation and effectively collaborate with a team to successfully prepare and present a competitive moot and implement multiple forms of feedback to reflect upon and improve individual and team preparation and performance.
4. Develop and communicate coherent, persuasive and balanced written memorials and oral submissions.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:

  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively, including an ability to:
    a. Identify and articulate complex legal issues in context, including the skill of critical reading and writing;
    b. Apply reasoning and research to generate appropriate theoretical and practical responses; and
    c. Demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses. (3.1)
  • Research Skills
    Specialist cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues including an ability to:
    a. Demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions; and
    b. Apply ethical research practices. (4.1)
  • Communication
    Well-developed professional and appropriate communication skills including:
    a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
    b. An ability to inform, analyse, report and persuade;
    c. An ability to strategically select an appropriate medium and message;
    d. A cognisance of advanced communication technologies and willingness to adopt where appropriate; and
    e. An ability to respond respectfully. (5.1)

Teaching and learning strategies

Strategy 1 Independent research preparation and advice

Independent learning is central in this subject and each student undertakes substantial work to research and prepare for the moot, both independently and guided by their coach and academic advisor. Students carry out the detailed research necessary to prepare complex pleadings for both sides. The specific mooting problems for are circulated to students by the organisers of each competition (on websites, etc). Working with the breadth of resources available for contemporary questions, students research one of the issues defined in the problem, critically analysing and synthesising information and materials. Students also work in teams to find good examples of moots online, independently evaluating their quality to learn from the specific communication skills and successful competition strategies of other winning moot teams.

Strategy 2 Developing Written Submissions

Students utilise their research to individually write (and contribute to) written submissions from the applicant and respondent within a maximum length prescribed. These submissions involve both individual work and working with other team members cooperatively. Drafts of submissions are submitted to the coach who provides feedback on legal analysis and matters of style, written expression, grammar and compliance with the moot rules. Students incorporate this feedback in their preparation of further drafts and final edits.

Strategy 3 Collaborative Teamwork and Coaching with Feedback

Teamwork and collaborative effort are the hallmarks of mooting and an essential learning strategy in this subject. Students collaborate amongst themselves and also participate in regular team meetings and practice moots. Working closely with their team on research and submissions as they prepare for practice moots, together students identify the strongest and weakest points from their submissions to use in their respective roles. In team meetings and practice moots students ask questions of their peers, coach and/or academic advisor to obtain feedback on their progress in written and oral mooting skills and outputs to develop their learning. Student teams also work closely with their coach and/or faculty advisor to develop their written communication and advocacy skills through feedback and consultation. The final mark for the subject is usually awarded as a group mark, therefore, the contribution of each student is critical to the team’s performance as a whole. Any delays in submission of memorials / written submissions results in penalties by the competition administrators to the entire team and impacts upon the mark and grade awarded to each student for this subject.

Assessment

Assessment task 1: Group Applicant and Respondent Memorials

Objective(s):

This task addresses the following subject learning objectives:

1, 2 and 3

This task contributes specifically to the development of the following graduate attributes:

3.1, 4.1 and 5.1

Weight: 100%
Length:

2 x 12,000 words (group submissions)

Criteria:
  • Strategically applied legal research and identification of relevant international legal principles (SLO 1, 2; GA 3, 4, 5)
  • Original argument based on application, targeted use of facts and authorities appropriate to the problem (SLO 1, 2, 4; GA 3, 4, 5)
  • Coherent, logically-staged and persuasive written memorial (SLO 1, 2, 4, 5; GA 3, 4, 5)
  • Balanced and persuasive response to opponent’s argument (SLO 1, 2, 3; GA 3, 4, 5)
  • Compliance with obligations to the court (SLO 1, 2, 5; GA 3, 4, 5)
  • Feedback implemented to improve preparation and performance (SLO 3; GA 3, 5)
  • Collaborative preparation of submissions. (SLO 5; GA 5)
  • Implement the guidance and directions of the coach and advisors

Required texts

Joel Butler and Terry Gygar, Australasian Mooting Manual (Lexis Nexis, 2nd ed, 2012)

There is no specific legal text, and materials will vary each year depending on the issues arising from the moot question. Numerous online resources are made available to competitors by the competition organisers each year.