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The current and official versions of the course specifications are available on the web at http://www.usq.edu.au/course/specification/current.
Please consult the web for updates that may occur during the year.

LAW5111 Advanced Australian Legal System

Semester 2, 2019 Online
Short Description: Advanced Australian Legal Syst
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Student contribution band : Band 3
ASCED code : 090900 - Law
Grading basis : Graded

Staffing

Examiner: Lisa Sylvester

Requisites

Pre-requisite: Students must be enrolled in Program DJUR or Early Career Plan (16650) of Program PCBS

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/current-students/support/computing/hardware.

It is essential that in the first week of semester students access the StudyDesk and make themselves familiar with this resource. Communication throughout the semester for this course relies upon students accessing the News (located on the StudyDesk). Weekly emails will be sent to students to assist with progression through the course materials and the assessment.

Rationale

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 mandated by the Legal Practitioners Admissions Board, Queensland, being a prescribed area of legal knowledge for legal practice.

Synopsis

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.

Objectives

On completion of this course students should have covered material and assessment to enable the following areas to be developed:

  1. knowledge, including:
    1. fundamental knowledge of the Australian legal system (including knowledge and understanding of the Australian parliamentary and court system, and lawmaking by adjudication and legislation)
    2. knowledge of indigenous perspectives in relation to the Australian legal system
    3. knowledge of the broader contexts within which legal issues arise, including policy development and international treaties
    4. knowledge of the principles and values of justice and of ethical practice in lawyers’ roles, in the context of the suitability requirements for admission to practice
  2. ethics and professional responsibility, including:
    1. a developing ability to recognise, reflect upon and respond to, ethical issues arising in the context of the suitability requirements for admission to practice
    2. service to the community and society
  3. thinking skills, including the ability to identify and articulate legal issues; comprehend legal and other materials; apply legal reasoning to generate appropriate responses to legal issues; engage in critical analysis and make a reasoned choice amongst alternatives; and think creatively in approaching legal issues and generating appropriate responses
  4. statutory interpretation skills, namely a developing ability to interpret statutory instruments
  5. communication skills, in particular the knowledge and skills to provide a written case advice in relation to the application of statutory law on a given fact situation.

Topics

Description Weighting(%)
1. Introduction to the Australian legal system and legal institutions 5.00
2. The Australian Constitution and the role of the legislature, executive and judiciary 5.00
3. Sources of law - parliament and statute law 5.00
4. Sources of law - courts and judge made law 5.00
5. Legal ethics - understanding and practising law 10.00
6. Interpretation of the law - statutory interpretation 30.00
7. Interpretation of the law - precedent 30.00
8. Becoming a lawyer. 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://omnia.usq.edu.au/textbooks/?year=2019&sem=02&subject1=LAW5111)

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

Marinac A, Simpson B, Hart C, Chisholm R, Nielsen J, Brogan M 2018, Learning Law, 1st edn, Cambridge University Press, Victoria, Australia.
Mann, T (ed.), 'Oxford Australian law dictionary', Oxford University Press, South Melbourne, Victoria (latest edition). These are available as a package from the USQ Bookshop.

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.
Hall, K & Macken, C 2015, Legislation and statutory interpretation, 4th edn, LexisNexis Butterworths, Chatswood, New South Wales.
Hinchy, R 2015, The Australian legal system: history, institutions and method, 2nd edn, Pearson Education, Frenchs Forest, New South Wales.
Pearce, D & Geddes, R 2014, Statutory interpretation in Australia, 8th edn, LexisNexis Butterworths, Chatswood, New South Wales.
Vines, P 2013, Law and justice in Australia: foundations of the legal system, 3rd edn, Oxford University Press, South Melbourne, Victoria.
Creyke, Robin & Hamer, David, (author.) & O'Mara, Patrick John, (author.) & Smith, Belinda, (author.) & Taylor. Tristan, (author.) Laying down the law, Chatswood, New South wales, LexisNexis Butterworths (latest edition is essential).
Krever, Richard & Barkehall Thomas, Susan, Mastering law studies and law exam techniques, Chatswood, N.S.W. LexisNexis Butterworths (students may use any edition).
Sanson, M, 'Statutory interpretation', Oxford University Press, South Melbourne, Victoria.

Student workload expectations

Activity Hours
Assessments 40.00
Directed Study 50.00
Lectures 39.00
Private Study 36.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
ONLINE TEST 1 20 20 16 Aug 2019 (see note 1)
WRITTEN ASSIGNMENT 50 50 21 Oct 2019 (see note 2)
ONLINE TEST 2 30 30 25 Oct 2019 (see note 3)

Notes
  1. The online test is due at 11.59PM AEST (Australian Eastern Standard Time).
  2. Statutory Interpretation is due at 11.59PM AEST (Australian Eastern Standard Time).
  3. The online test is due at 11.59PM AEST (Australian Eastern Standard Time).

Important assessment information

  1. Attendance requirements:
    There are no attendance requirements for this course. However, it is the students' responsibility 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:
    Students should refer to the Assessment Procedure http://policy.usq.edu.au/documents.php?id=14749PL (point 4.2.4)

  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 weighted aggregate of the marks (or grades) obtained for each of the summative assessment items in the course.

  6. Examination information:
    There is no examination in this course.

  7. Examination period when Deferred/Supplementary examinations will be held:
    Not applicable.

  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.

Assessment notes

  1. Referencing in assignments:
    Students studying this course must use the Australian Guide to Legal Citation (AGLC) style in their assignments. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing, or contact the Law librarian.

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/current-students/support/computing/hardware. This course also makes use of Wimba Software for the interactive classrooms that are available during semester. Participation in the interactive classrooms is not compulsory, students find accessing this resource very useful. The use of the web-cam increases the ability to participate.

  2. It is essential that in the first week of semester students access the StudyDesk and make themselves familiar with this resource. Communication throughout the semester for this course relies upon students accessing the News (located on the StudyDesk). Weekly emails will be sent to students to assist with progression through the course materials and the assessment.