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LAW1101 Introduction to Law

Semester 1, 2011 On-campus Toowoomba
Units : 1
Faculty or Section : Faculty of Business
School or Department : School of Law
Version produced : 8 March 2013

Contents on this page

Staffing

Examiner: Michael Maguire
Moderator: Liam Scott

Requisites

Pre-requisite: Students enrolled in one of the following Programs: BLAW or BABL or BBLA or BCLA not eligible for enrolment

Other requisites

Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at <http://www.usq.edu.au/ict/students/standards/default.htm>.

Synopsis

This course is not suitable to be undertaken as an elective under the Bachelor of Laws program.
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:

  1. describe, explain, illustrate, and critique the Australian legal system
  2. describe, interpret, explain, demonstrate, and assess the role and application of precedent
  3. describe, interpret, explain and demonstrate the role and application of the rules of statutory interpretation
  4. describe, compare, evaluate and demonstrate knowledge of the processes of dispute resolution
  5. describe, interpret, explain, illustrate, and assess the role and application of the criminal law, torts, the law of contract, and the law of agency
  6. provide appropriate illustrations of the principles of law dealt with in this course and the ability to apply those principles to factual scenarios
  7. illustrate an ability to communicate in a legal context.

Topics

Description Weighting(%)
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

ALL textbooks and materials available to be purchased can be sourced from USQ's Online Bookshop (unless otherwise stated). (https://bookshop.usq.edu.au/bookweb/subject.cgi?year=2011&sem=01&subject1=LAW1101)

Please contact us for alternative purchase options from USQ Bookshop. (https://bookshop.usq.edu.au/contact/)

  • Turner, C, Australian commercial law, Lawbook Co, Sydney, New South Wales.
    (Latest edition is required.)
  • The study package for this course is available in CD format ONLY. Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at <http://www.usq.edu.au/ict/students/standards/default.htm>.

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.
  • Beatson, J, Burrows, A & Cartwright, J, Anson's law of contract, Oxford University Press, Oxford, UK.
    (Modules 5 - 9.)
  • Cane, P, Trindade, F & Lunney M, The law of torts in Australia, Oxford University Press, South Melbourne, Victoria.
  • Carter, JW, Peden, E & Tolhurst, GJ, Contract law in Australia, LexisNexis Butterworths, Chatswood, New South Wales.
    (Modules 5 - 9.)
  • Chisholm, R & Nettheim, G, Understanding law: an introduction to Australia's legal system, LexisNexis Butterworths, Sydney, New South Wales.
    (Modules 2 & 3.)
  • Cook, C, Creyke, R, Geddes, R & Holloway, I, Laying down the law, LexisNexis Butterworths, Chatswood, New South Wales.
    (Modules 2 - 4.)
  • Crosling, GM & Murphy, HM, How to study business law: reading, writing and exams, LexisNexis Butterworths, Chatswood, New South Wales.
    (General reference.)
  • Ellis, E, Principles and practice of Australian law, Lawbook Co, Pyrmont, New South Wales.
  • Gillies, P, Business law, Federation Press, Sydney, New South Wales.
    (Modules 5 - 9.)
  • Graw, S, Introduction to the law of contract, Lawbook Co, Rozelle, New South Wales.
    (Modules 5 - 9.)
  • Heilbronn, GN, Latimer, P, Nielsen, J & Pagone, T, Introducing the law, CCH Australia, Sydney, New South Wales.
    (Modules 2 & 3.)
  • Ipp, I & Weerasooria, WS (eds) 2002, Butterworths business and law dictionary, 2nd edn, LexisNexis Butterworths, Sydney, New South Wales.
  • Keyzer, P, Legal problem solving: a guide for law students, Butterworths, Sydney, New South Wales.
  • Khoury, D & Yamouni, YS, Understanding contract law, LexisNexis Butterworths, Chatswood, New South Wales.
    (Modules 5 - 9.)
  • Latimer, PS, Australian business law, CCH Australia, Sydney, New South Wales.
    (Modules 5 - 9.)
  • MacAdam, AI & Smith, TM, Statutes: rules and examples, Butterworths, Sydney, New South Wales.
    (Module 4.)
  • Macken, CE, The law student survival guide: 9 steps to law study success, Thomson Reuters, Rozelle, New South Wales.
  • McCrae, H, Nettheim, G & Beacroft, L, Indigenous legal issues: commentary and materials, Thomson Reuters, Pyrmont, New South Wales.
    (Modules 2 & 3.)
  • Pearce, DC & Geddes, RS, Statutory interpretation in Australia, LexisNexis Butterworths, Sydney, New South Wales.
    (Module 4.)
  • Seddon, N, Cheshire & Fifoot's law of contract, LexisNexis Butterworths, Sydney, New South Wales.
    (Modules 5 - 9.)
  • Smith, M, Butterworths' student companions: contracts, LexisNexis Butterworths, Chatswood, New South Wales.
    (Modules 5 - 9.)
  • Sweeney, B, O'Reilly, J & Coleman, A, Law in commerce, LexisNexis Butterworths, Chatswood, New South Wales.
  • Terry, A & Giugni, D, Business and the law, Cengage Learning Australia, South Melbourne, Victoria.
    (Modules 4 - 9.)
  • Vermeesch, RB & Lindgren, KE, Business law of Australia, LexisNexis Butterworths, Chatswood, New South Wales.
    (Modules 5 - 9.)
  • Waller, L, Derham, DP & Maher, FKH, Derham, Maher and Waller: an introduction to law, LBC Information Services, Sydney, New South Wales.
    (Modules 2 & 3.)
  • Woodgate, RW, Owens, D, Black, A & Biggs, J, Legal studies for Queensland, Legal Eagle Publications, Brisbane, Queensland.
    (Modules 2 & 3.)

Student workload requirements

Activity Hours
Assessments 20.00
Lectures 26.00
Private Study 93.00
Tutorials 26.00

Assessment details

Description Marks out of Wtg (%) Due Date Objectives assessed Graduate skill Level assessed Notes
ONLINE TEST 1 10 10 21 Mar 2011 1,2,3,4,5,6 U3 1 (see note 1)
ONLINE TEST 2 10 10 28 Mar 2011 1,2,3,4,5,6 U3 1
ONLINE TEST 3 10 10 18 Apr 2011 1,2,3,4,5,6 U3 1
TUTORIAL PARTICIPATION 10 10 03 Jun 2011 1,2,3,4,5,6 U3 1
EXAM PART A (MULTI-CHOICE) 10 10 End S1 All U3 1 (see note 2)
EXAM PART B (WRITTEN) 50 50 End S1 All U3,U4 1,1

NOTES
  1. Students are required to complete each online test by the due date. Each online test will be available from the UConnect Study Desk. Students will not be permitted to attempt any online test after its respective due date. Failure to submit the online test does not result in an automatic failure for the course but does result in the loss of marks for that item.
  2. 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. The total working time for Exam (Parts A and B) is 2 hours.

Graduate qualities and skills

Elements of the following USQ Graduate Skills are associated with the sucessful completion of this course.
Academic, professional and digital literacy (U3)Introductory (Level 1)
Written and oral communication (U4)Introductory (Level 1)

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.

  2. Requirements for students to complete each assessment item satisfactorily:
    To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)

  3. Penalties for late submission of required work:
    If students submit assignments after the due date without prior approval of the examiner, then a penalty of 5% of the total marks gained by the student for the assignment may apply for each working day late up to ten working days at which time a mark of zero may be recorded.

  4. Requirements for student to be awarded a passing grade in the course:
    To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.

  5. Method used to combine assessment results to attain final grade:
    The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.

  6. Examination information:
    This will be an open examination. Candidates may have access to any printed or written material and a calculator during the examination.

  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 Student Policies:
    Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at http://policy.usq.edu.au/portal/custom/search/category/usq_document_policy_type/Student.1.html.

Assessment notes

  1. Assignments: (i) The due date for an assignment is the date by which a student must submit the assignment to the USQ. (ii) Students must retain a copy of each assignment submitted for assessment. This must be produced within 24 hours if required by the examiner. (iii) In accordance with university policy, the examiner may grant an extension of the due date of an assignment in extenuating circumstances. (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. Referencing in assignments: In this course students may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC). Students should consistently use one of these systems in their assignments to format details of the information sources they have cited in their work. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at <http://www.usq.edu.au/library/help/referencing/default.htm>. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at <http://www.usq.edu.au/library/help/referencing/default.htm>, or contact the Law librarian.

  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).

  5. 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, that is, 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.

Other requirements

  1. Computer, e-mail and Internet access: Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at <http://www.usq.edu.au/ict/students/standards/default.htm>.