Year
2021Credit points
10Campus offering
No unit offerings are currently available for this unitPrerequisites
NilTeaching organisation
4 hours per week for twelve weeks or equivalent.Unit rationale, description and aim
This unit provides foundational knowledge of the origins, structures and processes of Australia’s legal institutions and the essential features of legal practice in Australia. It examines the main sources of authoritative law in Australia – legislation and judicial precedents – and their application in legal problem solving.
Students will develop essential skills in legal reading, writing and research as they acquire, practice and extend their knowledge and skills in the interpretation of legislation and judicial precedents. The knowledge, skills and understanding they build in this unit will provide the foundation to successfully undertake their law degree. Their core skills and understanding will be developed further in LAWS107 Introduction to Public Law and LAWS314 Statutory Interpretation.
This unit aims to provide an introduction to the core legal professional skills: how to interpret case law and legislation, how to conduct legal research and how to write and cite in accordance with professional conventions.
Learning outcomes
To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.
Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.
Explore the graduate capabilities.
On successful completion of this unit, students should be able to:
LO1 - Discuss the origins and functioning of our laws and legal system (GA3, 4, 5, 6, 7, 8, 9, 10)
LO2 - Describe and apply the fundamental principles of precedent, judicial decision-making and statutory interpretation (GA3, 4, 5, 6, 7, 8, 9, 10)
LO3 - Develop and assess participation and legal writing skills (GA 3, 4, 5, 6, 7, 8, 9, 10)
LO4 - Research cases, legislation and journal articles to solve basic legal problems (GA3, 4, 5, 6, 8, 9, 10)
LO5 - Implement the essential requirements of professional legal writing and research including the citation of legal materials in accordance with the Australian Guide to Legal Citation (GA3, 5, 8. 9, 10)
LO6 - Apply the I-R-A-C technique to analyse legal problems (GA3, 4, 5, 6, 8, 9, 10).
Graduate attributes
GA3 - apply ethical perspectives in informed decision making
GA4 - think critically and reflectively
GA5 - demonstrate values, knowledge, skills and attitudes appropriate to the discipline and/or profession
GA6 - solve problems in a variety of settings taking local and international perspectives into account
GA7 - work both autonomously and collaboratively
GA8 - locate, organise, analyse, synthesise and evaluate information
GA9 - demonstrate effective communication in oral and written English language and visual media
GA10 - utilise information and communication and other relevant technologies effectively.
Content
Topics will include:
- The origins of our laws and legal system
- The fundamental principles of precedent and judicial decision-making
- The fundamental principles of statutory interpretation
- The fundamentals of legal research and citation
- Professional legal writing, study and exam skills
Learning and teaching strategy and rationale
There are 12 Lectures and 11 Tutorials in LAWS104, conducted within a 12 week semester.
This unit will be taught as a 2-hour lecture followed by a 2-hour tutorial. Our strategy is to encourage students to actively engage with unit content and their peers; to provide a clear link between lecture content and tutorial practicum to develop skills that bridge the gap between theory and practice. Within an integrated learning framework, lectures will provide core content relating to our legal system and begin the process of exploration, which will be followed by detailed explanation and further investigation in tutorials. Through direct interaction between students and teachers, students are encouraged to engage in critical analysis of the foundational knowledge they acquire; to test that knowledge by applying it to factual situations; to produce solutions supported by legal authorities and arguments; and to reflect on their learning. Each component is intended to build on knowledge and skills and progressively scaffold student learning.
The online learning platforms used in this unit provide multiple preparatory and practice opportunities to guide in-class and out-of-class study. Technology assistance in the form of online learning resources, notices, assessment information (including online submission, marking and return of results/feedback), is student focused, affording greater accessibility and flexibility to the learning experience.
Assessment strategy and rationale
This unit employs various instructional techniques to move students progressively towards stronger understanding of the foundations of law, legal methods and greater independence in the learning process. Through lectures and tutorials, students are assisted to develop skills in active reading, critical thinking, the use of primary and secondary sources, interpreting statutes and referencing in accordance with the Australian Guide to Legal Citation.
The assessment tasks for this unit are designed to assess student achievement of the learning outcomes and graduate attributes listed below. This unit is assessed by tutorial participation and two written assignments.
As tutorials are designed to actively facilitate the development of the study and research skills required to succeed as a law student, a mark will be given for communication and engagement in a minimum number of tutorials. Assessments 2 and 3 assist students to develop skills of case analysis, statutory interpretation and legal writing.
The assessment tasks follow an incremental, building-block approach with the use of various supportive instructional techniques and tutorial feedback by tutors in the lead up to the submission of assessment tasks 2 and 3.
Overview of assessments
| Brief Description of Kind and Purpose of Assessment Tasks | Weighting | Learning Outcomes | Graduate Attributes |
|---|---|---|---|
Communication and Engagement: Students are required to participate in a minimum of 8 out of 11 skills-based tutorials, in recognition that the development of skills in locating, referencing and analysing research materials is assisted by attendance and participation in weekly tutorials. A rubric will be utilised to assess students. Should a student fail to achieve the minimum participation requirements due to illness and/or personal circumstances beyond their control, an alternative assessment may be negotiated with the National Lecturer in Charge | 20% | LO1-LO3, LO6 | GA3-10 |
Assignment: Case Analysis. Written presentation requiring students to demonstrate their ability to locate, read and evaluate judicial precedent and apply the conventions of legal writing | 40% | LO2, LO4, LO5 | GA4, 5, 8, 9, 10 |
Assignment: Interpretation of Legislation Written presentation requiring students to identify and interpret legislative provisions in accordance with the rules and principles of statutory interpretation and the conventions of legal writing | 40% | LO2, LO4, LO5, LO6 | GA3, 4, 5, 6, 8, 9, 10 |
Representative texts and references
Nicholas James, Rachael Field and Jackson Walkden-Brown, The New Lawyer: Foundations of Law (Wiley, 2nd ed, 2019)
Australian Guide to Legal Citation (Melbourne University Law Review Association, 4th ed, 2018)