The Jurist 2014 Issue 1

The

Jurist 2014 - Issue 1 Welcome to the Jungle

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Help Fill This Space!

The Jurist needs contributors. So send us your articles, reviews, artwork, poetry, and so on — basically anything that can be printed. If you’re fresh out of creativity but want to get involved, email us at publications@flsa.org.au. We will send you ideas, grand ambitions, suggestions... the works. It’ll look great on your resume and even better on the page.

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Contents: Interview: Joe Szakacs My Personal Journey Into ‘The New Arts Degree’

Thinking Like a Lawyer FLSA Events: Semester One

Procrastination: Law and the Silver Screen Book Reviews

4 5 14 16 18 20 22 23 24 27 28 32 33 34 The Jurist

Editorial Introducing FLSA

Choosing Law Electives Family Violence

Interview: Dr Rhain Buth Law Mentoring

Film Review Games

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Editorial

Sarah Gates Brittany Shelton Preesan Pillay

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tudying law can be incredibly difficult and terribly boring at times, as well as fascinating, stimulating, relevant and impassioning. There are times when students might need a break from assigned readings; upon which time they’ll walk out into the law courtyard and there will sit a little piece of heaven — a magazine combining both an interest in law and external content, all in one accessible, fun, and informative read. Or, at least, that’s our dream here at The Jurist.

This magazine provides a place for students to express their ideas, opinions and creativity. We hope you, dear reader, plan to contribute to an issue this year. This first issue is a mash up of us editors, FLSA committee members, good friends, and super dedicated law students — a group that has pulled together advice for students, a serious discussion of domestic violence and the law, a humorous insight into ‘lawyeritis,’ and an overview of

law related television shows and movies to sink your teeth into this semester. We sincerely hope to see some new names and faces over the year expand this list of fun and investigative articles, in addition to reviews, art, fiction, and so on. It is a great way to introduce Flinders law students to law firms and alternate employers, showing our graduates to be innovative, intelligent and varied individuals.

This year The Jurist will cover issues of mental health in Issue 2, controversy and politics in Issue 3, and happy or funny things in Issue 3. The first issue, Welcome to the Jungle, aims to ease students back into the year. We hope you enjoy it, and we promise we’ll have something more interesting to say in our editorial next issue. But for now, join the team!

Deadlines: Issue 2: April 27 Issue 3: June 30 Issue 4: September 7

The Jurist is operated and funded by the Flinders Law Students Association. Any oppinions expressed are those of the author alone and are not representitive of FLSA or the editors. Images used within are licenced under Creative Commons: http://creativecommons.org/licenses/by-nc-nd/2.0/legalcode.

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Introducing

FLSA 2014

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Sarah Gates

-Publications Editor

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arah is an avid debater of grammar and unlikely third year law student. She dreams of writing a bestselling novel and living comfortably off its royalties while she pursues a career as a student.

In the meantime, she satisfied editing as many magazines as she can get her hands on. Incorrect punctuation makes her blood boil, however she enjoys slipping new words into publications. For The Jurist, she imagines a magazine which is interesting and entertaining to read, whether you

prefer the nitty-gritty, legal encyclopaedia type articles or the fun fluff that she enjoys writing.

Sarah loves banana flavoured food, sparklers, and most forms of dance — although she has the coordination of a drunken sloth. She is passionate about theatre and has enjoyed torts most from her law degree thus far. She kills just about every plant in her vicinity and cannot cook the most basic of meals.

Brittany Shelton -Publications Editor

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rittany is a third year law and commerce student.

Her main goals for university are to pass all core topics and graduate with her mental stability intact.

She enjoys sleeping on fresh linen and over indulging in tacos. She was inspired to take up piano by Debussy’s Clair de Lune, although her skills are average at best.

She doesn’t like clutter, strong smelling perfume, or Tom Cruise (as an actor or a person).

could only eat one food for the rest of her life, it would be chocolate pudding. Her aspirations for the future are to actually play Clair de Lune, find some form of paid employment, watch the sun set on at least five different continents, and own an ugly orange Persian cat named Muffin.

She is one of the few who prefers Miley Cyrus post quarter-life-crisis. Her favourite colour is yellow and if she

Preesan Pillay

-Publications Editor-in-Chief

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reesan is a third year law and commerce survivor and avid procrastinator. Born in a small farming village north of Stockholm, Preesan was raised as the son of a simple llama farmer. Wishing to make more of himself, he hitched a ride on a hot-air balloon bound for Berlin. Unfortunately, disaster stuck and the balloon crash landed in Adelaide.

He now edits The Jurist and works part time as an optical illusionist in the hopes of earning enough money to smuggle

himself back to Germany. Present estimates suggest it will take 236.76 years to accumulate the required funds on his current salary.

Amongst other things, Preesan has been known to deeply enjoy cider, universal suffrage, fantasising about the possible uses of mind control, and constructing analogies that are long-winded and almost entirely irrelevant.

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Michael Swanson

-President

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any years ago Michael started law school. It is not known how long ago, as all those who were with him have since moved on. Legend says that he was here when the school was founded; others say his double degree is just unusually long. The truth will likely never be known.

Once it was spoken that he read cases from books, cases not yet published online. He has seen many versions of FLO and been frustrated by them all; lived through many

ALSA conferences with only awesome stories to tell of them. He walks amongst us as a student, who looks slightly older.

Carved into the annals of Flinders is the rumour that he has completed a Physics degree. When advice is whispered to law students who come to seek knowledge or wisdom, his words should be heeded and cross-referenced with a reputable source.

Annika Beaty -Vice President

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nnika is a third year law and international studies student. She enjoys Sherlock, cold weather, drinking tea, Brendan Fraser films made in the 1990s, the Arthurian legends, good stationery, and Doctor Who (the Tenth Doctor is her favourite).

American colonial history has been her favourite topic at Flinders, so far, and she is currently completing an internship in Washington, D.C. through her American Studies major. This internship has resulted in an unhealthy appreciation of peanut butter cups and reinforced her

enthusiasm for watching The West Wing. Studying at Flinders and becoming involved with the FLSA committee has allowed her to realise the importance of challenging yourself.

She has found that removing yourself from your comfort zone often leads to valuable and worthwhile experiences.

She is looking forward to working with the Careers, Education and Wellbeing portfolio this year, and helping students to achieve a fulfilling and successful year of study.

Hannah Brimstone -Secretary

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annah is a third year law and behavioural science student from rural New South Wales. You would assume two is her favourite number as she involved in two students associations, two degrees, has two jobs, two dogs, is a bit too tired but too willing to say yes; always.

In her spare time, albeit rare, she ages 60 odd years, evidenced by her enthusiasm towards knitting and napping.

Her dream job would have something to do with hidden

storage spaces in furniture.

Due to the near nonexistent job prospects related to that particular niche of carpentry, she is considering a legal educator career or something similar at a community legal centre. This is, of course, dependant on whether she actually leaves uni. She currently has at least three and half years left of her current degrees and a minimum of three to four years of planned post graduate study.

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Andrew Sterling

-IT Officer

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ndrew is a technology addict and second year law student with a dream of one day working in criminal prosecution.

He loves chilli, yet has a penchant for letting his chilli bushes die from neglect. He is proud to say, at the time of publication, that his latest two chilli bushes have just turned one year old and are both healthy and happy. He also enjoys disassembling consumer electronics and (hopefully) reassembling them, for no particular reason.

Great coffee is very important to Andrew and he mourns its lack of availability at Flinders.

He hopes that FLSA will be able to successfully lobby for an improvement to our woeful coffee situation this year.

As this year’s IT Officer, Andrew intends for the FLSA website to be the go-to source for Flinders law students and for the site to be updated with relevant information throughout the year.

Joseph Royle -Treasurer

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oe is studying law and commerce and is in his fourth year. In 2012 Joe studied at the University of Miami in the US where he developed a fantastic tan.

Joe stands a very impressive 190cm tall. He plays football for South Adelaide in the winter and tennis for Port Noarlunga in the summer. One time he dived off of a boat and landed on a dolphin. It scared him.

incredible amount of food in any one sitting. Joe’s likes include wristwatches, scotch and gambling on sports.

His dislikes include reading, hipsters and unsuccessful gambling… on sports. Through his upcoming involvement in FLSA, Joe hopes to approve financial decisions, track budgets through the use of pro-forma budgeting, and be an all round financial guru. Pub crawls are a must.

Joe can also click with his index finger, juggle four balls, cook a very edible omelette, surf adequately, and eat an

Michaela Olsson -Marketing Officer

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ichaela is a weird third year law student. She doesn’t know what she wants to do in life and she can’t figure it out. Decision-making frightens her and thus she over analyses everything until she just doesn’t care anymore.

famous, Michaela has a soft spot for corny love stories, fashion and other materialistic indulgences. She has a degree in procrastination and over committing; a direct cause of her fear of saying no.

She’s of the opinion that the demand for lawyers is too high as most disputes can be resolved with a Google search.

She loves spending her afternoons living vicariously through others who have their lives sorted, something of which she can only dream. With a place in her heart for the rich and

Michaela tries at length to keep everyone else chipper by dropping fun facts into conversation, like she once almost died after being run over by a car. Fun is a relative term to her…

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Hanna Daych

-Sponsorship Director

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anna is a third year law and international studies student. Her current life challenge is finishing her degree within the ten year time limit, as she is constantly tempted to take endless semesters off to travel to remote and questionable locations.

Her favourite time of the day is sunrise and her favourite colour is green. She likes pasta. She holds strong feelings of rage towards Pitbull and Jason Derulo, and listens to Chet Faker and London Grammar while pretending to do her law readings.

In her spare time, Hanna likes to hatch plans to steal other people’s dogs, have inappropriately comfortable conversations with people she just met, and practice for her French-speaking class in whispers alone in her room.

In the future, Hanna hopes to gain relative competency in French, learn to make veggie patties that don’t collapse, and move to a jungle where she can live amongst the animals.

Chloe Waterhouse

-Education Officer

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hloe is a third year law and arts student. She is noteworthy for her apathy towards coffee and her tendency to procrastinate by creating elaborate study schedules that she will never follow.

When she’s not attempting to stay on top of her everincreasing mountain of study, Chloe can be found singing unashamedly off-key and loudly, reading a book, or writing what seems to be a never-ending novel; the plot of which has at various points in time been about suicide, zombies, and political conspiracies. She fears what the next plot

twist will bring.

She has a soft spot for Asian dramas and anime, and argues that the pairing of peanut butter and chocolate is greatly under-appreciated in this country. Chloe subscribes to the idea that knowledge is power and, therefore, hopes that in her role as education officer she can give people the knowledge they need to get the most out of their degree.

Reyka Quinioness

-Wellbeing Officer

Reyka tends to question the ordinary and reject the notion of absolute. She wants to experience the world and one day perfect the winged eyeliner.

study was using the suggestions of her friends and family.

Law obviously received the majority vote. She even joined FLSA out of coercion.

Unfortunately, Reyka’s crippling uncertainty causes a great impairment in her ability to make decisions. Her method of determining which university course she should

This might be a call for help. Then again, it is pressure that turns coal into a diamond.

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Lucie Lock-Weir

-Competitions Coordinator

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ucie is an enthusiastic second year law student and Labor Party hack. Politics and religion is definitely up for discussion at the dinner table (or the FLSA office), just don’t diss Australia’s first female PM. Lucie is a destined career woman who hopes she will one day be a jaded barrister, with an impressive looking briefcase, an office with a pot plant, and a fat ginger cat called Atticus.

In her free time, Lucie likes watching horror, alien, superhero movies with a glass of Cab Sav. She never goes anywhere without a novel in her handbag. Lucie maintains that thongs are not appropriate footwear and abhors the sound of people chewing gum.

She has a deplorable sense of direction and a reputation for being impossible to work with if she has skipped breakfast. Lucie’s car is called Jim; after James Tiberius Kirk, her second favourite Star Trek captain.

Kaitlin Creek

-Competitions Coordinator

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aitlin is a second year law student from Mount Gambier. She has enjoyed participating in athletics since age 13, which has helped her to achieve personal goals and live a healthy, balanced lifestyle.

She also likes travelling, swimming, shopping and reading.

Her dream for the future is to complete her law degree within a reasonable number of years.

One of her favourite aspects about law is the understanding it provides regarding certain political issues that occur day to day. Her favourite topic of first year was contract law.

This year she is excited about being involved in the up and coming competitions. She is hoping that the competitions team can encourage new students to become involved.

She believes being involved in competitions is a great way to improve your public speaking skills and become more confident, whilst working under pressure. She is looking forward to meeting all the new faces that will be starting their law degrees this year.

Sahar Shahin

-Competitions Director

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ahar is a third year law and international studies student who enjoys learning about social justice and criminal law, and volunteering in the Criminal Practice and Advocacy course.

portfolio this year – so if you are interested in being involved (either as a competitor or volunteer) or have some ideas for how to develop competitions please send her an email at competitions.director@flsa.org.au.

She has a strong passion for competitions. She has been involved in the competitions portfolio since 2013 and is looking forward to redesigning a few things this year, as well as introducing a new competition for first year students. Sahar is hoping to have lots of student input in the competitions

In her spare time Sahar loves baking and can often be found in her kitchen experimenting with different recipes – some of which might even make an appearance at the Competitions Grand Finals!

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Nicholas Salagaras

-Activities Coordinator

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icholas Salagaras... How do I begin to explain Nicholas Salagaras? Nicholas Salagaras is flawless.

I hear his unwashed hair’s insured for $10,000. I hear he does coffee commercials… for St Louis. His favourite movie is Night at the Roxbury. One time he met Harvey Specter... And Nicholas told Harvey he was pretty. One time he punched him in the face... it was awesome.

Nick Salagaras is a third year law student. He enjoys the simple things in life: long walks on the beach, candle lit dinners, skinny lattes, romance comedies, deep

conversation, cuddling, and pruning the garden. That last sentence wasn’t completely true… he’d prefer a cappuccino.

His favourite meal is breakfast, which can be enjoyed at all times of the day. Nothing tops Grind’s eggs benny.

The main reason he has strived through adversity and stuck with his law degree is because one day he will be Harvey Specter.

Eleanor Henry -Activities Coordinator

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’m 20, talkative and I like to have a good time. I’m studying law and am in my third year. I like the beach, travelling, partying, my cat Conan and my BMW. Other than that, I like to think I’m a friendly gal who loves to have a laugh.

have a strong sense of will, and a passion for justice and the law. I’m an activities coordinator for 2014, and I’ll just say that you’re all in good hands.

I aspire, one day, to be an amazing solicitor — and to hopefully earn lots of money so I can fund the things I’d like in the future, such as my country estate, my six white horses, and a holiday house on the Cinque Terre in Italy. In saying all of this, I’m not just a materialistic cow; I do also

Bimaya De Silva -Activities Director

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imaya is a fourth year law and arts (honours) student.

She has been involved with the activities portfolio since her first year and loves organising events.

She is very friendly, so don’t be afraid to say hi! She loves spending time with her friends, playing sport and shopping.

Travelling is one of her favourite things to do; so is exploring new places in Adelaide, such as the cafe Argo on the Parade where she loves their “Mary had a little lamb” sandwich and Little Miss Mexico where she ticked off “squishing grapes

with her feet” from her bucket list.

She is also well known for singing her favourite tunes at the top of her lungs whilst driving, where there is no way of gaining her attention. If you want to get on her good side just buy her connoisseur cookies and cream ice cream, or perhaps something Tiffany.

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& Georgie Parletta -Careers Officer

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am a third year law/psych student hoping to pursue a career in criminal or family law. My passion is working with children and seeing the world, so a job allowing me to do both would be ideal.

I love socialising, meeting new people, the colour pink, the beach, every type of pasta, and re-watching The Good Wife.

I am probably the most accident prone person you will ever meet and one time even managed to hit myself in the head with a tennis racquet hard enough to need stitches.

Attending law school was a relatively impulsive decision for me and I knew close to nothing about the law when I started.

Thanks to the great people and support I have been given in the first two years of my degree, I have grown to love everything that is law school. Well, most of it anyway‌ I therefore hope to be a friendly and approachable person for anyone else in the same position!

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Features “The legal system is often a mystery, and we, its priests, preside over rituals baffling to everyday citizens.�

- Henry Miller

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Interview:

By Brittany Shelton

Joe Szakacs

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our father moved to Australia from Hungary after the failed 1956 revolution . It appears you have become something of a political activist in your career; a clear supporter of unions and the Labor Party. How do you think your father has influenced your political motivations?

My parents instilled in me a great sense of fairness, justice, equality, and the dedication required to shape a society that reflects those values. My father sacrificed everything when he was an 18 year old. He saw no other choice than to take up arms against the then Hungarian dictatorship.

Activism has many forms and functions, but at the centre of all progressive social and community movements (as was the 1956 Hungarian Revolution) is activism, collectivism, and an unwavering belief in conviction. The union and labour movement has always been at the front of community activism and progressive social change. My father’s experience as a revolutionary inspired me to become an activist for community – be that students, the socially or economically disadvantaged, or working people.

You were involved in a range of student politics whilst you were studying at Flinders Law School. How do you think your education has shaped and contributed to your current position?

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My experiences and education at Flinders Law School has played a huge part in equipping me with the skills required to put ideas and planning into action. Law at Flinders is a hands on degree that is heavily focussed on practical training from early on. Flinders Law School was as much about a partnership in learning as it was a traditional lecturer and student relationship. My role as Secretary of SA Unions requires me to wear many hats; campaigner, advocate, legal adviser, negotiator and Chief Executive Officer. These are all skills that are developed and honed through legal studies.

You met your wife Hannah, who is also a lawyer, at Flinders University. Who would you say wins the majority of your disagreements, and would you advise dating a lawyer?

My wife Hannah is an amazing lawyer and certainly the brains behind the outfit! Being married to someone who shares common interests both personally and professionally is really important to a healthy relationship.

We do find ourselves (healthily) debating moot points, which I blame squarely on the lawyer in us! My job has some long hours and interstate or weekend work, which my wife understands and is sympathetic to considering her own job. She is particularly forgiving when I am often on the phone speaking to various media outlets during breakfast or dinner. As for who wins the majority of arguments, I don’t think there is a safe answer….

Obviously your position keeps you extremely busy, and there is no doubt a high degree of stress associated with the job. How important do you find it to set aside down time and maintain a good professional balance, to ensure a healthy mental state?

I am privileged to be able to do the job that I do, representing and advocating for working people. It is without a doubt a demanding role, both professionally and emotionally. It’s critical that we all find some time to do things in which we can find refuge and escape. Everyone’s escape will be something different, but what’s important is that we find some balance. The trade union movement has fought for work life balance for decades. We’ve won the eight hour day, sick and annual leave, as well as paid parental leave. Sometime those of us working in the movement are the worst at recognising the need for our own work life balance.

Whilst completing your Law degree, did you always know what direction you wanted to take in the future, or were there times of uncertainty? What would you advise students who are uncertain of what area of law they wish to pursue, or if they wish to practice?

outlook and commitment to the advancement and protection of working people and social justice, there are a wide range of options available for law graduates.

There is no bad experience when it comes to working out your career direction. Don’t hesitate to speak to people about their chosen path, seek work experiences and, most importantly, don’t convince yourself that one single direction is the answer. Be open to how your interests evolve throughout your education.

In 2013 you predicted that if Tony Abbott were to become Prime Minister, it may act as an asset for the movement, as any attack on trade unions would most likely ignite a ‘Your Rights at Work’ campaign.

Is there anything you would like to say about this since Tony Abbott’s election?

The Tony Abbot Liberal Government has been true to form immediately. They built their brand in opposition; this brand was fired by divisiveness, intolerance, sexism, and a distinct distaste for those in our society subject to social and economic disadvantage. The Federal Liberal Government has taken immediate steps, through their Commission of Audit, to reshape the very fabric of civil society. Those pulling the strings of the Liberal Government seek to privatise HECS debt and the National Disability Insurance Scheme, lower the minimum wage, and scrap penalty rates. Their politics of fear continue to drive inhumane treatment of asylum seekers. The union movement will continue fighting for our community and working people, regardless of who is in government.

I am confident that with our collective voice we will be successful.

If you could change one aspect of our legal system what would it be? What changes, if any, do you hope to see in the next ten years?

Quick access to justice is critical in evaluating the success of our legal system. For working people such as those who are paid incorrectly at work, unfairly sacked, or subject to discrimination there must be quick access to the industrial jurisdiction in a cost effective way. Equally those who are injured at work as result of an acute injury, or those who suffer injury as a result occupational exposure to chemicals or carcinogens, must be able to access compensational and medical treatment quickly and effectively. In the future I hope to see a legal system that continues to have the strong faith of the community. It is our justice system is seen as serving the community, and that the community has a strong stake in its successful operation.

I always had a strong sense of social justice, and knew that I wanted to do something in a professional capacity that would advance that cause. For people with a similar

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My Personal Journey Into ‘The New Arts Degree’ (Plus an actual arts degree)

By Anonymous

Image: http://flic.kr/p/bbqqTR

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riends and family thought that because I was intelligent, I would fit right in to a law degree.

Since lawyers are well paid and respected, my parents were all for the idea. ATARs were released and, with a result in the high 90s, I was admitted into the elite — those enrolled to study law at university.

Congratulations streamed in from well wishers, and a few peers looked on enviously, having missed out on the mark required.

Others stated proudly that they were accepted into the Adelaide University Law School, a course which requires a higher ATAR and even bigger ego (allegedly).

Flinders was considered the less elitist avenue, and yet I still felt the pressure come New In Law. What high school did I go to? What was my ATAR? For which subjects did I

receive Merits? Okay, so it wasn’t that bad — but the questions were raised and there was a definite competitive edge.

At the same time, I enrolled in an arts degree; in the creative subjects too, not your typical complimentary International Studies or Politics.

Only there I learned the real value of a law degree, or even being a student. Many perceive it as an accomplishment to even get into the course, while almost everyone takes it as a sign of cognitive ability.

I would talk to people and see them nodding vaguely at my latest creative project, but when they discovered I also study law my goals became serious and well thought out. I was not ‘another’ clueless artist chasing an elusive dream. As if you are only intelligent and driven if you make

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certain academic choices; and those that don’t choose law, medicine, etcetera etcetera are somehow less capable, or less likely to be capable.

As if academics who practise a more pseudo-intellectualism — complicating problems and discussion with obscure, technical language — are more valuable to society than any other job, such asan electrician, marine biologist, cook, or teacher. But with ideas of superiority coming from both within and outside of the law school, it’s easy to get sucked into a bubble of thinking you’re actually somehow more successful.

Now I’m not suggesting selection of students is elitist — it’s not, there is a broad diversity of students.

Nor am I suggesting the law school trains students to think they are

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“You’re smart. You should do law.”

It was these words that sucked me into a law degree. above others. It doesn’t. There is an emphasis on social justice, being a flexible thinker, and working to the benefit of a client. There are discussions in class about lawyers being overpaid and the regulations on the profession. However, because the expectations and intricacies of law are so different from all other areas, it creates a clear distinction for itself. While word counts in an Arts degree are often lax and unmetered, Law deducts points for just one word over. It’s the same for deadlines. Arts often don’t care about referencing, including which system is used and any mistakes, whilst Law has one of the most complex methods in the AGLC. In fact, much of the law seems overcomplicated and difficult to understand to your average layman; which, of course, completely contradicts its purpose.

As a law student applying for casual jobs, I feel like it’s an advantage.

As a driver who received an unjust parking fine, it definitely helped me nail a legal argument for why I shouldn’t pay; instead of simply relying on “this doesn’t seem fair...”

A law degree teaches you how to think, write and argue. It does not, however, guarantee employment in the legal industry post graduation.

There are fewer and fewer law firm positions available, and even obvious alternative careers are filling fast. With these trends, plus the masses of students still vying for entry into the degree and universities operating like businesses, the law degree is becoming the new arts degree. Especially as less law jobs exist, law degrees will be fashioned

into a student body which will apply an intimate knowledge of the law to all walks of life. As arts degrees continue to become watered down and less expansive (with less popular topics being removed from the curricula — gender and language studies, for example), as well as less highly valued or perceived, students may indeed flock to the Law Schools for very similar reasons that justify one’s arts degree. Actually, it’s kind of been this way for many years.

In Studying law at University (1999) authors Simon Chesterman and Clare Rhoden report that a “former Australian Vice-Chancellor recently described law as having become a de facto Arts degree.

By this, he meant that it is now a generalist degree that students undertake, not in order to become lawyers but to acquire useful skills that can be applied to a variety of circumstances.” If law were truly accepted as a foundational degree, and expected to be one, it would be less expensive. Universities and academics structure their subjects to teach students the skills required to practise. They often respond to industry feedback on recent graduates and are working in law firms, at least as consultants, themselves. Yet students within this course of study often find themself answering the question “What do you want to do after you graduate?” with “I’m not sure. Not a lawyer.”

And like a foundational, generalist course degree, one almost requires at double degree or post graduate study to get a job — or some very handy connections in the industry.

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With their popularity and number of pathways, law degrees have become common commodity. Just look at the faces of the media, in which a background studying the law is the norm.

“Much of the law seems overcomplicated and difficult to understand to your average layman; which, of course, completely contradicts its purpose.”

I believe this speaks volumes about the advantages of having a law degree, rather than discouraging potential students. And despite questioning my totally ignorant and misguided reasons for entering into the Flinders Law School, it is not a decision I will be altering. Studying law teaches a range of skills applicable to everyday life, as well as a range of career paths. It also provides practical knowledge for a respectable occupation in which one may actually find work one day (if one wishes). It is also great for party times and professional networking.

Aren’t the pub crawls (official FLSA events or not) half the reason we all stay enrolled??

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Choosing Law Electives (This is not the elective you’re looking for)

By Andrew Sterling

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y the time you finish second year, you’re probably sick of the Priestly 11 and looking to tailor your degree to your own interests and career goals. For some, the time to choose your electives will sneak up, creating a new stress that you really don’t need. The choices can become overwhelming and the planning becomes a nightmare equivalent to first year exams.

Whether you have a firm career goal in mind, or are unsure where your law degree is taking you, we have compiled some key information and timely advice for all law students – including first years.

Planning is crucial The first, and most important, piece of advice is one that many law students neglect – plan ahead. Your planning can begin as early as first semester of first year, thoroughly preparing you well before the end of second year. A number of the Flinders Law School staff lament the fact that most electives are not offered annually. Instead, Flinders Law School offers most electives biennially. Not only are electives offered every second year, but they are offered in only one of the semesters.

This makes planning of particular importance. You will need to think ahead, look at when your chosen topics were last offered, and calculate when they are likely to be available during your third and fourth years. There is nothing worse than identifying a topic vital to your career plans and leaving it for fourth year because you wanted to do other topics during third year – only to discover that it’s not going to be offered then. You have missed out on learning about that particularly interesting area of law, possibly forever.

Flinders Law School has officially begun offering summer electives, as of this year. This can be particularly useful if you simply can’t make the elective schedule work for you during your final years. Of course, enrolling in summer school will shorten your holiday period. Bear this in mind and try not to overcommit if you really need the downtime.

Decisions, decisions…

So what electives should you choose? We’re not going to tell you – and neither should anybody else. For many years, law students have studied electives recommended to them by well-meaning family or friends, or by fellow students. They hear, “You really have to do Space Law [for example] because you’ll never get a position with a top tier firm otherwise!” The student enrols in said elective, only to come to the realisation that they want to walk out of law school and pursue a meaningful career in dog grooming. What you choose should depend entirely upon your future goals, or your personal interests, or a combination of both.

If you are smart, and it’s likely you are, then at some point you may think, “I should just choose the easiest electives so I can boost my GPA!” Many students have devised this plan before you. A few even claim that it worked well for them. Often, however, it backfires spectacularly.

Consider, first, that a biennial elective topic may have a new topic coordinator next time it’s offered. It’s common that topics, which previous students found relatively easy, are drastically changed by a new topic coordinator – and that flood of newly enrolled students are unpleasantly surprised by an excruciating elective. Content should be the driving factor in your decision, much more so than the structure, or supposed ease, of the topic.

Another tactic is to avoid electives which have exams.

Well, if exams are your Achilles’ heel, then perhaps this approach will work, but read on first and consider other factors before leaping for this option.

Do you have a specific career goal in mind?

If you’re lucky enough to know exactly what you want to do with your law degree, congratulations! You are probably in the minority, but your choice of law electives is much easier. It is also likely you are studying a combined degree. In this case, the best advice would be to choose electives which closely align with your desired career and which complement your other degree.

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Senior lawyers and Human Resources managers from some of Adelaide’s leading law firms say they definitely show an interest in applicants whose choice of law electives identify a clear career path, consistent with the position for which they have applied. This leads to the conclusion that two equally fantastic candidates could be separated by one identifying a clear career goal in their choice of electives and the other selecting a broad range of topics. Despite this, every firm contacted had a strong preference for well-rounded candidates with excellent academic results, involvement in extracurricular activities, sound social skills, and good character. Therefore, the weight given to your choice of electives is not likely to be significant if you show aptitude in other areas. But it could conceivably be a deciding factor in landing your dream job.

Unsure of your career path?

If you don’t know what area of law you want to work in, or if you don’t know whether you want to practice law at all, you are not alone. Choosing the right electives can provide a rewarding and enjoyable couple of years as you complete your law degree, if you choose wisely.

The key to choosing electives is to focus on what interests you most. Your first step should be to refer to the course rule and read the topic description, available through the Flinders website. If a particular topic appears interesting, get Googling! Before you know it, you’ll have so many options that you’ll need to cut a few from the shortlist.

Staff and former students often recommend stepping outside your comfort zone and embracing the opportunity to explore new areas you’d not previously considered.

After all, the opportunity to do this may not become available again. It is also widely suggested that students consider electives which offer further development of practical legal skills, such as dispute management and negotiation.

In addition to focusing on topics of personal interest, many people suggest that choosing one or two subjects which offer wide-ranging practical application is a smart move as it gives some balance to your transcript. However, choosing an elective purely for its practical application, if you’re not particularly interested in the topic, seems flawed. As mentioned earlier, your transcript is unlikely

to be closely scrutinised for the elective choices, as academic performance is much more important to potential employers. The Priestly 11 is there to ensure you have a solid grounding in key areas of the law; it already provides this balance.

Other considerations Many of the law electives on offer are self-explanatory.

Have a read through the course rule and plan, plan, plan.

However, some deserve special mention; but not because they’re better than the others.

Professor David Bamford and a number of Flinders law students recently travelled to India for the summer elective topic, “Introduction to India’s Law& Legal System.” In addition to the classes, students enrolled in this topic got to visit the Taj Mahal, courts, police stations, and many other interesting places. This one is definitely worth looking at!

Another consideration is the increasing utilisation of human rights specialists at various levels of government, as well as internationally. This is particularly important as there are only five topics you can complete which ensure your eligibility for the popular Human Rights Internship and the Law Foundation Scholarships which are available for this programme.

In a lengthy interview with Dr Rhain Buth, our Law School’s Director of Studies, it was made clear that students can sometimes overcome planning issues and timetable conflicts by showing a little initiative. If you find yourself in this position, pay a visit to the topic coordinator in question and have a chat. You may find that it’s possible to do both of the conflicting electives.

Finally, are you considering undertaking a Master of Laws? This is becoming more of a necessity in the current job market, so it would be wise to check the elective prerequisites and ensure you can access electives which will assist you in gaining entry to the LLM program.

So good luck choosing your electives – know your strengths and interests, and be smart about your career!

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Family Violence: General Information

W

hat is family violence?

There is no universal definition for what is known as “family” or, sometimes, “domestic violence.” According to the New South Wales Department of Community and Family Services, domestic violence “involves violent, abusive or intimidating behaviour carried out by a partner, carer or family member to control, dominate or instil fear.” The term ‘domestic’ is a descriptor of the type of relationship in which abuse is suffered; domestic abuse need not occur in the home. When we think of domestic violence, we may envisage a physical or sexual act, but emotional, financial, spiritual and many other types of abuse, when of a domestic nature, may constitute family violence.

Who it affects According to Fiona Blackshaw of the Australian Bureau of Statistics (ABS), the ABS’s 2012 findings indicated that women were more than twice as likely as men to have suffered violence caused by a partner; a statistic that has remained about the same since 2005. The 2009 National Survey on Community Attitudes to Violence Against Women reported that “one in six adult women have experienced actual or threatened physical or sexual violence by a partner since the age of 15.” Women with Indigenous backgrounds, and women with disabilities are particularly at risk and Associate Professor Tina Dolgopol of the Flinders Law School recommends that policymakers participate in greater consultation with these groups.

Low levels of reporting It seems unlikely that the statistics provide an accurate representation of family violence in Australia, due to having a broad definition and being largely underreported. One reason for low levels of reporting could be that speaking with police may likely signal the end of a sufferer’s relationship with his or her abuser; a relationship which the sufferer may be reluctant to end. Conversations with police resulting in the abuser being charged with a

criminal offence, which would prevent some sufferers seeking help. A sufferer of abuse may not wish to deal with the court system. In criminal cases, the standard of proof is beyond reasonable doubt, which may be hard to prove where there are no independent witnesses, as in cases of abuse occurring in the home. When cross-examined, a sufferer may face suggestions by the defence that their claims are false, no doubt adding to an already highlystressful situation. Traditionally, there has been a stigma attached with being a victim.

Leaving an abusive relationship So why doesn’t the abused person leave the relationship?

The passive voice of this question has been subject to criticism, as it directs attention to the sufferer of abuse, rather than the behaviour of the abuser.

There are many reasons a person suffering family violence may stay in an abusive situation. They might believe that the behaviour will not be repeated or that they deserved to be subjected to it. Leaving might bring complications relating to access of financial funds, transport, work, school, and family, just to name a few. Further, leaving the abuser may not end stalking or violence. In her TED talk, Why domestic violence victims don’t leave, Leslie Morgan Steiner, alerted the audience to the dangers of leaving an abusive relationship, reporting that “over 70% of domestic violence murders happen after the women has left.”

Seeking help The 2009 National Survey on Community Attitudes to Violence Against Women found that “one-third of women and just over one-third of men in the general community did not know where to go for outside help to support someone about domestic violence.” *Associate Professor Tina Dolgopol of the Flinders Law School and Rhain Buth provided general comments and advice for this article. Neither are experts in the area of family violence law. The author would like to thank them for their assistance.

Some useful numbers for non-urgent situations

•

South Australian Services • Domestic Violence Crisis Service - 1300 782 200 • Domestic Violence and Aboriginal Family Violence Gateway Service (including Domestic Violence Help Line) - 1800 800 098 • Women’s Information Service of South Australia - 8303 0590 or 1800 188 158 • Crisis Care (information and counselling) - 131 611

National Services • 24 Hour National Sexual Assault Domestic Family Violence Counselling Service - 1800 737 732 • Mensline - 1300 789 978 • Kids Helpline- 1800 55 1800 • LifeLine - 131 114

Legal Services Commission of South Australia - 1300 366 424

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Family Violence and the Intervention Orders (Prevention of Abuse) Act 2009 (SA) By Joanna Thomson T

Intervention orders

he bigger picture

How can family violence be eradicated? This question requires discussion of specific laws and legal processes, as well as prevention and treatment programs, and their administration. This article gives a glimpse into one remedy for sufferers and perpetrators of domestic abuse: an intervention order.

Australia has an obligation in international law to deal with family violence issues through the Convention on the Elimination of All Forms of Discrimination against Women, the Declaration to End Violence Against Women, and the Beijing Declaration and Platform for Action. We have the National Action Plan to Reduce Violence Against Women and their Children 2010-2022 which sets out a framework for relevant state and commonwealth laws. One of the relevant South Australian acts regarding intervention orders is the Intervention Orders (Prevention of Abuse) Act 2009 (SA). This is a relatively new act, which replaced the Domestic Violence Act 1994 (SA). So do those seeking, and those subject to intervention orders, benefit under this new legislation?

Abuse According to the Courts Administration Authority of South Australia, the Intervention Orders (Prevention of Abuse) Act 2009 (SA) adopts a broader definition of abuse than its predecessor. ‘Abuse’ includes “physical, sexual, emotional, psychological or economic abuse” (s 8(1)), and the issuing authority must consider “that abuse may be overt or subtle, isolated or patterned.”

In the Legislative Council’s discussion of the billthat preceded this Act, The Hon Dennis Hood raised concern over the broadness of this definition, feeling that it creates the potential for intervention orders to be granted against people who commit acts not traditionally recognised as abuse. As he pointed out “criticis[ing another person on the internet in a way that might cause harm to the person…is deemed emotional or psychological harm.”

However, The Hon Stephen Wadetook the view that human relationships are of such complexity as to warrant broad legal definitions.

Intervention orders, which replace restraining orders, come in many forms depending on their purpose. They may prohibit a person from visiting a person’s home, or require that they return particular items of personal property, for example. An intervention order may be granted where “it is reasonable to suspect that the defendant will, without intervention, commit an act of abuse [s 6(a)]; and the issuing of the order is appropriate in the circumstances” (s 6(b)).

Interim intervention orders and how they differ from intervention orders These are new measures created by the Intervention Orders (Prevention of Abuse) Act2009 (SA). They operate in much the same way as intervention orders, but there are some differences. Interim intervention orders can be issued by police on the spot, and are only operative once they have been “served on the defendant personally [by a police officer]” (s 18 (4)). This can be an issue if the defendant is unable to be located.

Interim intervention orders aregenerally able tolast for a maximum of about eight days (s 18(3)(d)); although at the court session following an interim intervention order, an intervention order may be granted. Intervention orders can only be reviewed after twelve months (s 15(2)). Twelve months has been viewed as too long by some, but the opposite perspective is that having a period before reviews are permitted reduces strain on the courts. The Hon Gail Gago has indicated that “the closer you fix it [the minimum time for review] to the offence, the easier it is for the defendant to keep bringing the case back to the courts and using it as a means of harassing the victim.”

The verdict The general view seems to be that the Intervention Orders (Prevention of Abuse) Act 2009 has brought about some improvements to the Domestic Violence Act 1994 (SA) when it comes to outcomes for a sufferer of family violence. However, it has also created inconsistencies for both parties involved, most of which are not possible to discuss in the space of one article.

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Thinking Like A Lawyer

By Chloe Waterhouse

O

ver the three years of my law degree I have become increasingly convinced that studying law has inflicted a terrible condition upon me. Where I was once an easy-going person, I have noticed a disturbing trend in which the lawyer-like cogs that are normally only active when studying law involuntarily start to spin when going about the non-law parts of my life. I have dubbed this condition ‘lawyeritis.’ Its symptoms are as follows.

Unable to quietly read books, see movies or watch television. This symptom of lawyeritis is perhaps most difficult upon your non-lawyer housemates, family members, or pets. While you could once sit calmly and watch a show or movie, or read a book, you feel compelled to speak up whenever you see a misrepresentation of the law. Home and Away used to be my mindless time-filling pleasure but, since falling ill with lawyeritis, I have taken to screaming at the television like a football fanatic watching the final minutes of the Grand Final in response to the amount of liberties the show takes with the legal system and the law itself. Minor forms of the conditions may include muttering or cursing. Nevertheless, your loved ones will be driven mad by this aspect of the condition and you shall be driven mad when the inaccuracies prevent you from fully immersing yourself in certain simple pleasures.

Forgetting what constitutes a normal conversation.

It may seem obvious to non-lawyeritis sufferers but sadomasochism is not an appropriate dinner topic. Nor should you talk about that fascinating case in which a two-headed foetus in a jar was determined to be property to your grandparents. It tends to freak people out. Or you learn that your mother knows a lot more about sadomasochism than you care to be aware of. Overall you soon learn that when it comes to talking about case law with non-lawyers, the less said the better. This element of lawyeritis may also rear its head when talking to your law student friends, but it is both more socially acceptable and less likely to cause your law-studying friends to express concern about your mental well-being.

“Nor should you talk about that fascinating case in which a two-headed foetus in a jar was determined to be property...”

Getting into arguments over trivial things. One of the main selling points of law degree is that it will develop your argumentative skills. But no one ever said that you would use them to argue about matters of life and death.

Is ‘giblets’ pronounced with a soft or hard ‘g?’ This is just one of the man insignificant arguments in which I recently found myself. Even if the arguments don’t really matter in the grand scheme of things, lawyeritis prompts a disproportionate sense of a achievement. Regardless of the actual outcome of the hard ‘g’ or soft ‘g’ argument, I stand by it being ‘giblets’ like ‘gift’ and not ‘giblets’ like ‘jelly.’

Chronic indecisiveness. One of the key things a law student learns upon entering law school is that the law is not black and white, but something flexible and highly open to interpretation. While there’s nothing wrong with giving an open-ended response to a law assignment, “it depends” can be an awkward answer to a simple question like “What movie do you want to see?” or “What would you like for dinner?”

There is no known cure for lawyeritis. If you or someone you love is showing signs of this condition you can take comfort in the fact that these skills will be helpful when studying and practising law. Symptoms may be temporarily alleviated by enjoying the wide world beyond your legal studies and partaking in activities that have nothing to do with the law.

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: s t n e v e A S L F e n O r e t s e m Se

First Y ear Din ner: March 2 1st Welcome Back Drinks: 21st March

First Semest er Pub Crawl: Friday April 11th : Equity Event h t 9 y a M y a d i Fr Law Ball: t s 1 3 y a M y a d r u Sat (Law Ball After Party: Saturday May 31st) The Jurist

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A Moment With: Teaching criminal law at Flinders must be a big change from practicing in America. What are the best and worst aspects of teaching?

The best thing about teaching would have to be the students. It is really great to see the excitement on their faces when learning something they have been interested in for a long time. Also, getting to be there at the beginning of someone’s professional trajectory is amazing. As a lecturer you are able to provide the promise of what life can be like in law.

The worst thing about teaching would definitely be the marking. No, the worst thing would have to be listening to your own voice while your lecturing, again and again.

That’s one thing I miss about practising; you are really involved, asking probing and direct questions, trying to move in a certain direction or toward a certain goal, rather than speaking about a topic. Also, seeing students who really apply themselves not achieve the marks that they would have liked is really hard.

What made you decide to become a lecturer down under? Were the accents a large part of that decision?

Where did you study? What was the biggest difference between that university and Flinders?

I studied at Washington University in DC. There is a real culture difference between the USA and Australia in terms of both teaching style and the attitude towards law. In the USA at law school all the students are ranked from highest to lowest and there is a real competitive edge to university. It creates a real personal and professional competition which made study laced with aggression.

Obviously, this is not the case at Flinders. Students here make an effort to warm and support each other, which is really important; you need a friend in law. Also, when I was studying internet resources where limited and so everyone used books, which lead to people stealing and hiding books to limit the resources available.

Lecture styles are also very different. In the USA the lecturer calls out individuals to answer very specific and pointed questions in front of the class. That kind of style can have its benefits, for example students come to class more prepared; but on the down side, they have prepared out of fear or apprehension rather than of their own accord.

Oh yes, it was the accents and only the accents that went into that decision. Speaking of accents, I realised that my daughter has started picking up on all the words that Mum and Dad say differently. She tells me how I say certain words differently to Mum.

You hear a lot of horror stories from graduates beginning as either clerks or interns at firms. What was one of the most embarrassing things that you ever did or situation that you found yourself in on your road to success?

Actually it was more a question of living in Australia, rather than lecturing here. I decided to live in Australia because of my wife; her family are here and this is where she wanted to be, close to them. In regard to lecturing, it is very different at Flinders (and in Australia generally) to the method in the USA. I had to watch a lot of people speak and giving lectures to pick up and understand the teaching methods here before I started.

In the USA at law school, students are able to try legal cases with supervision of an accredited practitioner and with the permission of the client and court. I did that, I tried maybe six or seven cases whilst I was still in law school. In the first case I tried I was cited for contempt and spent the night in jail because I disagreed with the Judge’s decision on an evidentiary matter.

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Dr Rhain Buth

By Brittany Shelton

I lodged a written motion which was considered to be disrespectful by the Judge. In the document I suggested that the only reason they could be of that opinion WAs if they were “sexually frustrated” and that the question posed “any first year law student could answer.”

“In the first case I tried I was cited for contempt and spent the night in jail because I disagreed with the Judge’s decision on an evidentiary matter.”

If Earth were imploding and a spaceship could evacuate five people of different professions to start a new civilisation, which professions would you prioritise?

You are a doctor; I am sure that journey must have been an interesting one. Are there any highlights you would like to share from your studies?

Highlights? Not really, I was a terrible student. I used to work internationally and only come back for exams.

Nobody really liked me. I was that guy. I wasn’t ridiculously smart, but things did come somewhat easily I suppose.

I was usually the judgemental silent person in the back of the room who didn’t generally speak, but when I did it was a long-winded rant.

If you had told me when I started law school that I would try over 200 cases in the future, I wouldn’t have believed you. I would have thought that was far too much talking.

Also, I would never have believed that a great deal of my professional success would depend on my ability to speak. I would have laughed.

Do you find people treat you differently when you introduce yourself as Dr Rhain Buth?

Well, my wife frequently insists that whilst I am a doctor, I am not the helpful kind and usually make things harder.

I never really introduce myself as ‘Doctor’. My father was Dr Buth and my grandfather was Dr Ben. I could have been Dr Rhain; but I thought that sounded a little funny, like Dr Phil.

Rhain [to daughter]: Do you think I am a good teacher?

Daughter: No, you’re a dad.

Well, I suppose the ideal answer would to be to take one Judge, two capable lawyers, and two people who disagree regularly to keep the legal profession alive. No, I am actually not sure what professions I would take. I think I would have to put a bit of consideration into it before I could really decide. Criteria wise though, the only thing I can think of is that they should probably be fertile.

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Law Mentoring

By Michael De Pierro

C

ompleting Year 12 and jumping straight into first year as a law student is quite a leap. It is a new and different direction; primarily in terms of the strict learning requirements for law and the significant amount of reading and writing involved. This is also true for mature age students or those enrolled after a few years without study. It takes time for a student to understand, adapt to, and fulfill the expectations of the law academics. As such, law mentoring is essential for all first year law university students. A mentor with experience in writing law essays, reading legislation and cases, and developing effective study habits can be the best thing for any new law student.

A mentor fulfills a number of roles in order to be effective in guiding their mentee. A mentor must be reliable, offer support, define expectations (of the mentor and of the law program itself) and be consistent in their approach.

A mentor will provide personal assistance and guidance which can otherwise be lost or overlooked in a traditional lecture and tutorial room situation. From this, the mentee can receive important and personalised examples of legal writing and study habits, therefore gaining a much better understanding of what is required to succeed in studying law.

For example, using the Australian Guide to Legal Citation (AGLC) referencing system correctly is a challenge and can take years to master. A first year law student will most likely not be familiar with the AGLC and may not be comfortable using it to correctly reference sources in their essays. In this case, a mentor would be able to guide the mentee through the process of using the AGLC and give examples of correct referencing. This help could mean the difference between a credit and a distinction and helps prepares the mentee for future law essays within their degree.

of the relevant legislation and/or case references in an assignment. Due to an increased push for independent research as the degree progresses, such skills taught to the mentee will have an effect on the mentee’s future law education beyond the first year.

The mentor/mentee relationship can also lead to a friendship and in turn, a first year student can be introduced to the mentor’s friends. Research shows that students are more likely to persist with their studies and be more successful when they have a support network of friends in their degree. This also aids the mentee in becoming comfortable with the social aspect of university — and there’s nothing more important than being able to forget your university commitments for a while with some good friends and a fun social events. Furthermore, the mentor/mentee relationship is not just beneficial for the mentee, but also for the mentor. It can help the mentor’s understanding of the law; discussion with another person is a rather effective way of learning and revising. This communication between mentor and mentee develops important skills essential to any practicing lawyer. Plus it will look good on your resume.

Law mentoring is extremely beneficial, more so for the mentee, but certainly for the mentor also. It provides a smoother transition from life outside of studying law to the extremely demanding, but rewarding, life as a law student. Certainly, for many students, there would be an even greater struggle through first year without it.

Another example is introducing vital independent research skills. A mentor can show their mentee how to access particularly helpful databases, how to find books and legal documents in the library, and how to find specific cases and legislation. This is a skill that all students must learn; it is necessary when students, particularly those starting in second year law, are not necessarily given all

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Procrastination:

By Robbie Peschel

Law and the Silver Screen

P

rocrastination, we’ve all done it. Maybe you’re walking to the fridge and a compelling episode of Dr Phil comes on. You tell yourself, “just another half an hour” which turns into half the day, with a nap thrown in. It might be boredom, it might be frustration, or maybe you’re just questioning why the hell you’re doing a law degree?

Why not watch a movie or TV show that relates to lawyers and the law? Inspiration could come to you while watching an amazing closing monologue by Alan Shore. An idea for an argument could strike you while watching and thinking critically about your, albeit dramatised, area of study.

Below is a list of films and series that are varied in their representation of the law and how it works. One key thing that is lost on general public is that most lawyers specialise in one or two areas. Lawyers don’t bounce from tort one week to criminal in the next. Films and TV are exaggerated (Law and Order is one example) and some areas of law tend to become blurred to the point where it’s ludicrous. Some are more accurate than others. Some are comedies, some are dramas, and some are both, but all mentioned are worth procrastinating over during your next few years of studying law.

Crownies (TV series) This is an Australian TV drama that, sadly, got axed after its first season. It revolves around five young lawyers, fresh out of law school and working for the DPP. While there is some comedy, the cases dealt with during the course of the series are often disturbing; some of which make R v Brown look like an afternoon at Grandma’s crocheting circle.

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29 The series really shows how much work it takes to get a case to court. It appears to be a realistic portrayal of what it’s really like to be a fresh faced lawyer experiencing late nights around stacks of paper, wrestling with stuck photocopiers and dealing with grumpy barristers and judges. If you’ve completed first year law, you will recognise a lot of cases mentioned; which are often used accurately. The legalese and heavy subject matter is probably why it failed to take off.

Rake (TV series) Perth based Cleaver Greene (the perfectly casted Richard Roxburgh) is everything Atticus Finch is not. Cleaver possesses a chaotic life of womanising, prostitutes, potentially a drug addiction, and he’s quite fond of a few drinks. This results in rather large sums of money owed to the tax man and some unsavoury characters, including a debt enforcer who apologises before beating Cleaver each time. Yet despite his personal life, Cleaver possesses an amazing gift for words and delivering them — often defending people who seem hopelessly guilty.

Rake has been a roaring success, with the third season having started on February 9th on ABC1. Throughout the two seasons, there have been countless notable actors on the show, including Hugo Weaving, Noah Taylor and Sam Neill. The cases are almost outlandish, but not completely unbelievable, with some hilarious scenes; such as when Gary McDonald plays a cannibal economist with the memorable line, “I’m NOT a monster! I’m an economist!”

It’s interesting to note that Cleaver is apparently based on the famous Sydney barrister, Charles Waterstreet, and his “colourful” past.

The Practice\Boston Legal (TV series) The early seasons of the The Practice has believable characters plying their trade as criminal defence lawyers. The Practice is a dark show with the characters representing some distasteful characters that are occassionally acquitted. It was considered to be one of the more realistic legal shows at the time.

It also gave birth to Alan Shore, one of the main characters of Boston Legal, a lighter show that had some annoying characters, but several funny moments. Many episodes end in closing monologues given by Shore which are well argued and thought out (peer researched in fact), and are often pitted against corporations and Republicans.

Suits (TV series) A favourite amongst many Flinders law students, Suits follows Harvey Specter (Gabriel Macht) as quite possibly the sharpest dressed lawyer in the history of television.

He takes in Mike, a former drug dealer who possesses a brilliant, photographic mind. They break pretty much every rule in a Bar Association rulebook to make it look like Mike has a Harvard Law education, granting him access to the top tier New York law firm. Implausible?

Yes; but somehow the show seems to pull it off, and this is a continuing theme in the series as both Mike and Harvey are at risk of being found out.

Louis Litt is quite entertaining as Specter’s “nemesis” within the law firm. Is it realistic in a legal sense? Not really. Specter hardly ever enters a courtroom or loses.

Massive “deals” are closed by the end of business hours; not to mention how fond they are of going against client instructions. However, it’s entertaining nonetheless. It makes lawyering look cool, especially given those $5,000 suits Specter wears.

Anatomy of a Murder (Film) This film is based on true events. James Stewart plays a small town lawyer defending a man who killed the victim who raped his wife, pleading temporary insanity. It is arguably one of the most realistic film representations of court. The on screen judge was an accomplished lawyer in real life. Otto Preminger, the director, was famous for breaching taboo subjects. In 1959 the topic of rape was seldom discussed in films. This is highlighted in a scene where the judge debates how to word “panties” appropriately in a courtroom.

The beauty of this film is the ambiguity of it all; there are no “good” people in this film. You are always questioning who is really guilty and the lawyers push the boundaries.

To Kill a Mockingbird (Film) Atticus Finch (Gregory Peck) is a lawyer who lives in Alabama during the era of racial segregation. Atticus, a man with a social conscience and strong integrity, represents an innocent black man accused of rape. The film is viewed through the eyes of his children whilst they grow up. Although the film is mostly historically accurate, a white lawyer in Alabama at that time would have risked social exclusion, loss of business and worse. So while it’s not a complete courtroom drama, Atticus represents the integrity that ethics teachers try to convey.

If you liked those suggestions, see: Erin Brockovich – Based on a true story, a trailer park woman turned paralegal helps a firm bring a civil suit against a major company dumping toxic waste near a town.

My Cousin, Vinny – Hilariously dodgy lawyer represents two young kids whom mistakenly confess to murder instead of accidental theft of tin of tuna in a backwater town.

Twelve Angry Men – A jury debates the evidence of what seems to be an open and shut case. Henry Fonda gives a stirring performance.

Witness for the Prosecution – Marlene Dietrich gives a creepy performance as a witness in a film, based on an Agatha Christie novel.

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Reviews Yes, there are more than one.

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By Sarah Gates

Book Reviews

C

hoosing which, if any, textbooks to buy each year is difficult. It’s hard to know which will provide information you won’t get from the lectures and tutes, and which are absolutely useless. This is especially true as there are so many reference books recommended for each subject. As students move up in years, their spending on textbooks seems to decrease. So how do first years know which they really need to buy? Here’s your unofficial, highly biased guide to first year, first semester law texts.

LLAW12211: Legal Research and Writing [Research I, Writing I] VP Laying Down the Law 8e + Effective Legal Writing + Concise Australian Legal Dictionary, Cook This textbook is, on the whole, pretty useless, obvious and boring. If you want to have a squiz or refer to it in an assignment, best to borrow it from the library or a poor unfortunate soul who has bought it in the past. You can also get the same information in a range of other sources. If you completed Year 12 Legal Studies or have a solid general foundation in the Australian legal system, you shouldn’t need to even study this (although you probably should, especially for those HDs).

LLAW1212: Criminal Law and Legal Method [Statutory Interpretation I] South Australian Criminal Law, David Caruso This textbook is highly useful for assignments and the exam.

It makes good reading if you require further discussion or knowledge upon the lectures and tutes. It is clear and concise. The explanations are easy to understand and the information is relevant. Furthermore, you will use it again in Issues in Criminal Law in semester two. Recommended to buy.

LLAW1213: Introduction to Public Law [Group Work] Introduction to Australian Public Law, David J. Clark This one is written by our own, David Clark. Lecturers love seeing their own name referenced in assignments. Also, the information is relevant to assignments. This one is worth buying or borrowing from a friend for the course of the year,

although you probably won’t use it again in your law degree.

If you’re borrowing it from the library, just hope you’re one of few that had the same idea.

LLAW1214: Contract Contract Law, Lindy Willmott This book is your savour. Buy it. I can’t imagine a student passing without it. You will love this book, even if you hate contract law — especially if you hate contract law. The descriptions are easier to understand than the cases and, often, the lectures. It is essential reading for assignments and exams. If you can buy or borrow it second hand, most previous students will have a copy and contract law doesn’t tend to change; so outdated editions are perfectly fine.

Other Readers Always buy the readers. If a topic includes cases in a reader, they are most often cut down to the facts, trends, or mens rea that you really need to learn and understand. Even if you don’t open it during the semester, you know you should have done so. Readers will be essential for assignments, exams and participation in class.

Australian Guide to Legal Citation, Melbourne Uni Here’s a quick tip: do NOT buy it, just Google ‘Australian Guide to Legal Citation free download.’ The AGLC is free to download and save as a PDF. Why should you do this? A) I repeat, it’s free. B) ‘Control f’ is your friend.

Reference Books If you insist on buying unnecessary reference books, you can buy them off me. I made that mistake in first year. Never again. Not once did I need to open them. When I did so out of curiosity, I would have thrown it through a wall for how stupid they were — if, you know, their cost were not so astronomical.

If you want to check them out (pun intended), go to the library. They are rarely borrowed from the library, even around assignment time.

The Jurist

33

Film Review

By Alma McIlduff

T

o celebrate one of my favourite films being performed on Shanghai stage for two weeks, I thought I would share my thoughts on Chicago.

Obviously many of you have seen this film; but for those who haven’t, head on down to your local DVD store or library and rent this bad boy (do not illegally download it).

This film will literally blow your mind. You don’t have to be a fan of singing to enjoy it, you can just sit back and watch the honest portrayal of the Chicago legal system.

The film’s underlying message is that if you know the law, you’re probably an even bigger crook than a person who doesn’t.

The story follows Roxie Hart (Renee Zellweger), a young wannabe jazz singer who shoots her lover after he admits to having lied to her. She is taken to prison where she learns the importance of giving the media a “show.” We are introduced to the idea of murder as a subjective crime when the ladies on death row perform their rendition of The Cell Block Tango, also known as one of the most catchy tunes written. This song is passionate, powerful, and when they ask “How could you tell me that I was wrong?” you begin to question a system which for so long favoured the lives of men, did not value women, and never asked “why?”

Mr Flynn (Richard Gere) is portrayed as a money hungry, corrupt lawyer. He points out that, “Nobody is going to care about what your defence is unless they care about you.” And so begins a transformation. Roxie is no longer a cheating wife but a woman who was trapped and misled, an innocent saint. Mr Flynn weaves a story to be described to the jury that makes it seem like Roxie acted in self defence, “They both reached for the gun!”

The film continues in this fashion for some time, and finally the case is taken to trial and Mr Flynn tells Roxie not to worry, “It’s all a circus, this trial, the whole world, it’s show business.” “How can [the jury] see with sequins in their eyes,” and “How can they hear the truth above the roar?”

Giving us a court-room scene which resembles a soap opera.

All in all this film gives us an idea of how far the legal profession has come. Throw in some Catherine ZetaJones, Queen Latifa, Mya, John C. Reilly, and Lucy Liu and you’ve got yourself 42 awards.

The Jurist

34

Wordsearc h

1. Law is on which level of the library?

2. The last name of the Director of First Year Studies in Law 3. An Australian law related television series first aired in 2011 4. The name of one Priestly 11 topic 5. The referencing system used in law 6. You can buy fair trade coffee at this on campus location 7. This lecturer references Harry Potter in his exam questions 8. Type of offence: less serious 9. A notorious and disturbing case involving sadomasochism 10. The Flinders Law School’s main ambition is to “make a _______” 11. The abbreviated title of the law school student organisation 12. A famous case where a plaintiff fell ill after drinking from a bottle containing a _______

13. The last name of a Jurist editor 2010 to 2012 14. This issue of Jurist is titled ‘Welcome to the _______’ 15. A criminal offence with a weapon is a type of ‘_______ offence’ 16. A fictional lawyer renowned for his suits 17. Current Chief Justice of the High Court of Australia 18. Last name of the assigned contract textbook author 19. Famous lawyer and author of A Time to Kill 20. Revolutionary Indian leader who graduated law at a London university

Image: http://flic.kr/p/9SM6ci

The Jurist

35

Light

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Puzzle 1 (Easy, difficulty rating 0.40)

Puzzle 1 (Medium, difficulty rating 0.49)

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Generated by http://www.opensky.ca/~jdhildeb/software/sudokugen/ on Mon Feb 10 06:06:30 2014 GMT. Enjoy!

5 8

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Generated by http://www.opensky.ca/~jdhildeb/software/sudokugen/ on Mon Feb 10 06:07:23 2014 GMT. Enjoy!

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Generated by http://www.opensky.ca/~jdhildeb/software/sudokugen/ on Mon Feb 10 06:08:18 2014 GMT. Enjoy!

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Generated by http://www.opensky.ca/~jdhildeb/software/sudokugen/ on Mon Feb 10 06:07:29 2014 GMT. Enjoy!

The Jurist