LAW 1101 Introduction to Law

SubjectCat-NbrClassTermModeDescriptionUnitsCampus
LAW1101241072, 2003ONCIntroduction to Law1.00TWMBA
Academic Group:FOBUS
Academic Org:FOB010
HECS Band:3
ASCED Code:090901

Contents


STAFFING:

Examiner: Michael Maguire
Moderator: Anthony Gray



SYNOPSIS:

This course is designed to introduce students to the impact of law on business. To do this it commences with a review of the components of the Australian legal system, the judicial process and the means by which disputes are resolved or litigated. Civil liability in contract law, negligence and other tortious actions are examined in some detail. Criminal law is also briefly covered as well as the law of agency.


OBJECTIVES:

On completion of this course students will be able to:

  • describe the Australian legal system, its components and the way it operates;

  • demonstrate basic skills in statutory interpretation;

  • describe the role of precedent;

  • outline the process of litigation and describe alternate methods of resolving disputes;

  • demonstrate an understanding of selected principles of the law of contract, torts and criminal law and an ability to apply those principles to factual situations;

  • describe the role of agency in business and understand the basic principles of agency law; and

  • demonstrate satisfactory skills in communication.



    • TOPICS:


    DescriptionWeighting (%)
    1. Introduction to the Australian legal system including Sources of law; Constitutional framework and Hierarchy of courts
    		 14.00
    2. Judicial Process: (a) Statutory interpretation; (b) Precedent; (c) Litigation and alternate dispute resolution
    		 14.00
    3. Principles of legal liability: (a) Criminal (7%); (b) Civil (i) Contract (35%) (ii) Torts (20%)
    		 62.00
    4. Agency
    		 10.00

    TEXT and MATERIALS required to be PURCHASED or accessed:

    Books can be ordered by fax or telephone. For costs and further details use the 'Book Search' facility at http://bookshop.usq.edu.au by entering the author or title of the text.

    Students may purchase a copy of the CD Rom - Commercial Law: Much Ado About Something. It covers contract law, consumer protection legislation and agency law. Available from the USQ Bookshop, PO Darling Heights, Toowoomba, Q, 4350.

    A video Snakes in the Greenhouse which is incorporated into the CD Rom is available for separate purchase from the USQ Bookshop, PO Darling Heights, Toowoomba, Q, 4350.

    The study package for this course is available in CD format ONLY. All students are expected to have access to an IBM or equivalent computer. The following minimum requirements apply: Pentium 133MHz or higher processor (Pentium III recommended); 128Mb RAM (more is recommended); 1Gb hard disk drive or larger; Windows 98/Windows 98 second edition/Windows Millennium Edition (Me)/Windows NT 4.0 with Service Pack 6 (SP6) or later/Windows 2000 or Windows XP; 8 speed or higher CDROM; super VGA monitor (800x600 resolution or higher) with 256 colours; Microsoft Mouse, Microsoft IntelliMouse or compatible pointing device; 56.6K modem; Internet access (recommended browser Internet Explorer 5.5 or later); and a quality printer.

    Turner, C Australian commercial law, LBC Information Services, Sydney.

    (Latest Edition Of Text Is Required.)




    REFERENCE MATERIALS:

    Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.

    LATEST EDITIONS OF THESE TEXTS ARE RECOMMENDED.

    Anson, W Anson's law of contract, Oxford University Press, Oxford.

    (Modules 5-9)

    Campbell, EM, Poh-York, L & Tooher, J Legal research: materials and methods, LBC Information Services, Sydney.

    (Module 4)

    Carter, JW & Harland, DJ Contract law in Australia, Butterworths, Sydney.

    (Modules 5-9)

    Chisholm, R & Nettheim, G Understanding law, Butterworths, Sydney.

    (Modules 2 & 3)

    Cook, C, Creyke, R, Geddes, R & Holloway, I Laying down the law, Butterworths, Sydney.

    (Modules 2 - 4)

    Crosling, GM & Murphy, HM How to study business law, Butterworths, Sydney.

    (General Reference)

    Derham, DP, Maher, FKH & Waller, PL An introduction to law, LBC Information Services, North Ryde, New South Wales.

    (Modules 2 & 3)

    Enright, C Studying law, Federation Press, Annandale, New South Wales.

    (Module 4)

    Evans, MJ, Woodgate, RW & Murphy, PJ Legal studies for Queensland, Butterworths, Sydney.

    (Modules 2 & 3)

    Fleming, JG The law of torts, Law Book Co, North Ryde, New South Wales.

    (Modules 5-9)

    Gardiner, D Outline of torts, Butterworths, Sydney.

    (Modules 5-9)

    Gifford, DJ Our legal system, Law Book Co, North Ryde, New South Wales.

    (Modules 2 & 3)

    Gifford, DJ & Gifford, KH How to understand an act of parliament, Law Book Co, Sydney.

    (Module 4)

    Gillies, P Business law, Federation Press, Sydney.

    (Modules 5-9)

    Graw, S Introduction to the law of contract, LBC Information Services, North Ryde, New South Wales.

    (Modules 5-9)

    Griffiths, L, Heilbronn, GN, Kovacs, D, Latimer, P, Pagone, T & Tucker, R Introducing the law, CCH Australia Ltd, North Ryde, New South Wales.

    (Modules 2 & 3)

    Khoury, D & Yamouni, YS Understanding contract law, Butterworths, Sydney.

    (Modules 5-9)

    Latimer, PS Australian business law, CCH Australia Ltd, North Ryde, New South Wales.

    (Modules 5-9)

    MacAdam, AI & Smith, TM Statutes, Butterworths, Sydney.

    (Module 4)

    McCrae, H, Nettheim, G & Beacroft, L Indigenous legal issues, LBC Information Services, North Ryde, New South Wales.

    (Modules 2 & 3)

    Pearce, DC & Geddes, RS Statutory interpretation in Australia, Butterworths, Sydney.

    (Module 4)

    Seddon, N Cheshire & Fifoot's law of contract, LexisNexis Butterworths, Sydney.

    (Modules 5-9)

    Smith, FKH, Bryant, TL, Pose, KS, Maher, D, Waller, L & Derham, DP Legal process: commentary and materials, Law Book Co, North Ryde, New South Wales.

    (Module 4)

    Smith, M Butterworths' student companions: contracts, Butterworths, Sydney.

    (Modules 5-9)

    Terry, A & Giugni, D Business, society and the law, Thomson Learning, Sydney.

    (Modules 4-9)

    Vermeesch, RB & Lindgren, KE Business law of Australia, Butterworths, Sydney.

    (Modules 5-9)




    STUDENT WORKLOAD REQUIREMENTS:

    ACTIVITYHOURS
    Assessment20
    Lectures26
    Private Study93
    Tutorial26


    ASSESSMENT DETAILS:

    DescriptionMarks Out ofWtg(%)RequiredDue Date
    TUTORIAL ACTIVITY10.0010.00Y22 Jul 2003(see note )
    ASSIGNMENT30.0030.00Y01 Sep 2003
    3 HOUR EXAMINATION60.0060.00YEND S2(see note )
    NOTES:
    .
    Date of tutorial activity to be advised.
    .
    The examination is scheduled to be held in the end-of-semester examination period. Students will be advised of the official examination date after the timetable has been finalised.

    IMPORTANT ASSESSMENT INFORMATION

    1. Attendance requirements:
      It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration. If you are an International student in Australia it is a requirement of your student visa that you attend all classes at your campus.
    2. Requirements for students to complete each assessment item satisfactorily:
      (i) Students must submit an assignment that represents a reasonable attempt as determined by the Examiner. (ii) 10% of the summative assessment will be available to external and web students who complete a CMA test; 10% of the summative assessment will be available to oncampus students who demonstrate communication skills consistent with the achievement of the course objectives during tutorials. (iii) Students must obtain at least 50% of the marks available for the examination.
    3. Penalties for late submission of required work:
      If students submit assignments after the due date without prior approval then a penalty of 20% of the total marks gained by the student for the assignment will apply for each working day late.
    4. Requirements for student to be awarded a passing grade in the course:
      To be assured of receiving a passing grade a student must attempt all of the summative assessment items, achieve at least 50% in the examination and achieve an aggregated mark of at least 50% of the available weighted marks for the summative assessment items.
    5. Method used to combine assessment results to attain final grade:
      The final grades for students will be assigned on the basis of the weighted aggregate of the marks obtained for each of the summative assessment items in the course.
    6. Examination information:
      This is an open examination. Candidates may have access to any material during the examination except electronic communication devices.
    7. Examination period when Deferred/Supplementary examinations will be held:
      Any Deferred or Supplementary examinations for this course will be held during the next examination period.
    8. University Regulations:
      Students should read USQ Regulations 5.1 Definitions, 5.6 Assessment, and 5.10 Academic Misconduct for further information and to avoid actions which might contravene University Regulations. These regulations can be found at the URL: http://www.usq.edu.au/SECARIAT/calendar/Part5/ or in the printed version of the current USQ Handbook. Students should also read The Guide to Policies and Procedures of the Faculty which can be found at the URL: http://www.usq.edu.au/handbook/2003/title663.html or in the printed version of the current USQ Handbook.

    ASSESSMENT NOTES

    1.Assignments: (i) The due date for an assignment is the date by which a student must despatch the assignment to the USQ. The onus is on the student to provide proof of the despatch date, if requested by the Examiner. (ii) Students must retain a copy of each item submitted for assessment. This must be produced within 24 hours if required by the Examiner. (iii) In accordance with University's Assignment Extension Policy (Regulation 5.6.1), the Examiner may grant an extension of the due date of an assignment in extenuating circumstances. If students submit assignments after the due date and wish to claim extenuating circumstances then they shall provide validated documentary evidence with the assignment, explaining the circumstances. The Examiner shall consider the statement accompanying a late assignment and decide on the outcome. (iv) Assignments are to be submitted with the appropriate assignment cover. (v) The Examiner will normally only accept assessments that have been written, typed or printed on paper-based media.
    2.Course Weightings: Course weightings of topics should not be interpreted as applying to the number of marks allocated to questions testing those topics in an examination paper. The examination may test material already tested in assignments.
    3.Dishonest Actions: (i) Any student who is alleged to have performed a dishonest action relating to any assessment in the course will have a course of action taken against him/her as outlined in the Academic Regulations. (ii) Pieces of assessment should be the work of individual students. Joint pieces of assessment are not permitted unless written approval has been obtained from the Examiner. (iii) Dishonest action in relation to assessment includes: copying or attempting to copy the work of others; use of or attempting to use information prohibited from use in that form of assessment; submitting the work of another as your own; consciously committing acts of plagiarism, ie taking and using another's thoughts or writings as one's own with intent to deceive, which occurs when paragraphs, sentences, a single sentence or significant parts of a sentence which are copied directly, are not enclosed in quotation marks and appropriately footnoted or referenced in the text; direct quotations are not used, but text is paraphrased or summarised, and the source of the material is not acknowledged by footnoting or other reference in the text.
    4.Deferred Work: Students who, for medical, family/personal, or employment-related reasons, are unable to complete an assignment or to sit for an examination at the scheduled time may apply to defer an assessment in a course. Such a request must be accompanied by appropriate supporting documentation. One of the following temporary grades may be awarded IDS (Incomplete - Deferred Examination); IDM (Incomplete Deferred Make-up); IDB (Incomplete - Both Deferred Examination and Deferred Make-up).