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LAW5111 Advanced Australian Legal System

Semester 1, 2022 Online
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Grading basis : Graded
Course fee schedule : /current-students/administration/fees/fee-schedules

Staffing

Examiner:

Requisites

Pre-requisite: Students must be enrolled in the following Program: DJUR

Overview

This course is the foundation course for the Juris Doctor program. It provides students with the introductory skills necessary to then complete remaining law courses. This is a core course in the Juris Doctor program and is approved by the Legal Practitioners Admissions Board, Queensland.

This course provides students with an introduction to the key skills necessary to undertake their substantive law courses, including knowledge of Australian legal institutions; sources of law (judge made law and statute law); professional identity and the importance of legal ethics; and how to interpret the law (both case law and statute law). This course also includes the development of skills relating to problem-solving within the context of statutory interpretation. These skills are explicitly taught and assessed throughout the course. Students will continue to build and develop these skills as they progress through other core courses in the Law program.

Course learning outcomes

On successful completion of this course, students should be able to:

  1. Demonstrate [explain and apply] an advanced and integrated understanding of a complex body of knowledge relevant to the Australian legal system and underlying principles and concepts; the broader contexts within which legal issues arise in this area, and of the principles and values of justice and of ethical practice [suitability requirements for admission to practise] (PO1/TLO1).
  2. Demonstrate an ability to recognise and reflect upon (and a developing ability to respond to) ethical issues likely to arise in professional contexts [suitability requirements for admission], an ability to recognise and reflect upon the professional responsibilities of lawyers in promoting justice and in service to the community, and a developing ability to exercise professional judgment (PO2/TLO2).
  3. Identify and articulate complex legal issues [relating to the Australian legal system]; [comprehend legal and other materials]; apply legal reasoning to generate appropriate practical responses to legal issues; and engage in critical analysis and make reasoned and appropriate choices amongst alternatives (PO3/TLO3).
  4. Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
  5. Explain the legislative process and identify applicable legislation and delegated legislation, general principles of statutory interpretation, understand [explain and apply] and make appropriate use of authorised aids to statutory interpretation, and deploy appropriate techniques in the course of solving interpretative problems [including problems raising special interpretative issues, and give a reasoned opinion as to the appropriate meaning of a legislative provision and as to the correct application of the provision to a given set of facts] (PO7).
  6. Reflect on and articulate Aboriginal and Torres Strait Islander perspectives about the law and the Australian legal system (PO8).

Topics

Description Weighting(%)
1. Introduction to the Australian legal system and legal institutions 10.00
2. The Australian Constitution and the role of the legislature, executive and judiciary 10.00
3. Sources of law - courts and judge-made law 10.00
4. Interpretation of the law - precedent 20.00
5. Source of law - parliament and statute law 10.00
6. Interpretation of the law - statutory interpretation 20.00
7. Interpretation of the law - Legal ethics - understanding and practising law 10.00
8. Becoming a lawyer 10.00

Text and materials required to be purchased or accessed

Marinac A, Hart C, Chisholm R, Nielsen J, Wood, A, Evans, A, McKibbin, S, 2021, Learning Law, 2nd edn, Cambridge 精东传媒app Press, Victoria, Australia.
(latest edition required. Also available as an e-book.)
Mann, T (ed.), 'Oxford Australian law dictionary', Oxford 精东传媒app Press, South Melbourne, Victoria (latest edition).

Student workload expectations

To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.

Assessment details

Description Weighting (%) Course learning outcomes
QUIZ 20 1,2,3
PROBLEM SOLVING - ASSIGNMENT 1 40 1,3,4,6
PROBLEM SOLVING - ASSIGNMENT 2 40 1,2,3,4,5
Date printed 10 February 2023