Overview
This unit introduces you to the study of law by examining the history out of which our law developed and examining how the law responds to the socio-legal conditions of our time. It provides you with an awareness of the institutions which are created by the law and how those institutions shape the development of the law. You will be introduced to the notion of legal reasoning: distinguishing the 'dicta' and 'obiter' of cases, precedent theory, case analysis, following and distinguishing precedent; as well as distinguishing between primary and delegated legislation. This unit introduces you to legal discourse and the conventions of the discipline which will provide a foundation for study in more advanced units.
Details
Pre-requisites or Co-requisites
There are no requisites for this unit.
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 3 - 2017
Attendance Requirements
All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
Recommended Student Time Commitment
Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.
Class Timetable
Assessment Overview
Assessment Grading
This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of 'pass' in order to pass the unit. If any 'pass/fail' tasks are shown in the table above they must also be completed successfully ('pass' grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the 'assessment task' section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University's Grades and Results Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure - Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure - International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback - Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
Feedback, Recommendations and Responses
Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.
Feedback from Student
The textbook covered broad concepts but did not give enough information about process and procedure that was required for the take home exam. I felt underprepared for the take home exam although I had completed all readings and tasks required throughout the semester. I would have liked more practical examples and exercises in order to learn the litigation process and court procedures.
Supplement the information contained in the textbook by reference to practical online materials. Set a less onerous examination for students. Provide more tutorial assistance to students, with emphasise on the practical application of legal studies.
- Describe and discuss the rule of law, the nature of the Australian legal system and ethical responsibility
- Explain how the law is made and developed in Australia
- Demonstrate basic skills in legal research and writing using appropriate referencing standards
- Develop basic skills in critical legal thinking, reasoning and reflection.
Alignment of Assessment Tasks to Learning Outcomes
Assessment Tasks | Learning Outcomes | |||
---|---|---|---|---|
1 | 2 | 3 | 4 | |
1 - Portfolio - 20% | ||||
2 - Written Assessment - 40% | ||||
3 - Written Assessment - 40% |
Alignment of Graduate Attributes to Learning Outcomes
Graduate Attributes | Learning Outcomes | |||
---|---|---|---|---|
1 | 2 | 3 | 4 | |
1 - Communication | ||||
2 - Problem Solving | ||||
3 - Critical Thinking | ||||
4 - Information Literacy | ||||
5 - Team Work | ||||
6 - Information Technology Competence | ||||
7 - Cross Cultural Competence | ||||
8 - Ethical practice | ||||
9 - Social Innovation | ||||
10 - Aboriginal and Torres Strait Islander Cultures |
Alignment of Assessment Tasks to Graduate Attributes
Assessment Tasks | Graduate Attributes | |||||||||
---|---|---|---|---|---|---|---|---|---|---|
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
1 - Portfolio - 20% | ||||||||||
2 - Written Assessment - 40% | ||||||||||
3 - Written Assessment - 40% |
Textbooks
The New Lawyer
Edition: 1st (2013)
Authors: Nickolas James & Rachael Field
Wiley & Sons
Australia
ISBN: ISBN 9781118540879
Binding: Paperback
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- UCROO
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed
For further information, see the Assessment Tasks.
j.a.milburn@cqu.edu.au
Module/Topic
Introduction - Discuss the life of a lawyer, some legal concepts and legal history in Australia.
Chapter
The New Lawyer, Chapters 1, 2 & 3
Events and Submissions/Topic
Weekly online lecture & tutorial activities
Module/Topic
The Australian Legal System
Chapter
The New Lawyer, Chapter 4
Events and Submissions/Topic
Weekly online lecture & tutorial activities
Module/Topic
Sources of Law in Australia
Chapter
The New Lawyer, Chapter 5
Events and Submissions/Topic
Weekly online lecture & tutorial activities
Portfolio Due: Week 3 Thursday (23 Nov 2017) 11:45 pm AEST
Module/Topic
Legal thinking skills
Chapter
The New Lawyer, Chapter 8
Events and Submissions/Topic
Weekly online lecture & tutorial activities
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Research skills
Chapter
The New Lawyer, Chapter 6
Events and Submissions/Topic
Weekly online lecture & tutorial activities
Module/Topic
Communicating as a lawyer
Chapter
The New Lawyer, Chapter 9
Events and Submissions/Topic
Weekly online lecture & tutorial activities
Module/Topic
Interpreting the Law
Chapter
The New Lawyer, Chapter 7
Events and Submissions/Topic
Weekly online lecture & tutorial activities
Module/Topic
Theories of Law & Justice
Chapter
The New Lawyer, Chapter 11
Events and Submissions/Topic
Weekly online lecture & tutorial activities
Module/Topic
Access to Justice
Chapter
The New Lawyer, Chapter 12
Events and Submissions/Topic
Weekly online lecture & tutorial activities
Legal Problem Solving Toolkit Due: Week 9 Thursday (18 Jan 2018) 11:45 pm AEST
Module/Topic
Professional Ethical Behaviour
Chapter
The New Lawyer, Chapter 13
Events and Submissions/Topic
Weekly online lecture & tutorial activities
Module/Topic
Self Management
Chapter
The New Lawyer, Chapter 10
Events and Submissions/Topic
Weekly online lecture & tutorial activities
Module/Topic
Review week
Chapter
Materials provided.
Events and Submissions/Topic
Self guided review of the course materials
Take Home Paper Due: Week 12 Thursday (8 Feb 2018) 8:00 pm AEST
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Portfolio
You will create an online professional portfolio as directed by your unit coordinator. This portfolio will follow you through the degree program and will include:
- A statement of your career aspirations and reasons for your interest in law,
- Relevant work and education history (you may update this as you complete more units in your degree),
- Evidence of any characteristics, skills and achievements useful to your professional practice including links to any supporting documents or evidence,
- A reflective statement regarding the rules of professional responsibility applicable to a law student and a practicing lawyer,
- A reflective statement of the rules around professional communication applicable to a law student and a practicing lawyer,
- A statement regarding your plans for community engagement and professional development as you progress through your studies.
Your portfolio must include at least one link to a short You Tube video in which you provide an overview of your portfolio.
Before starting this exercise you will be required to read and reflect on the admission rules for your State together with the CQU Student Charter and at least one case (provided) on the law regarding professional standards for admission.
This assessment item is the labour equivalent of a 1500 word written essay.
Week 3 Thursday (23 Nov 2017) 11:45 pm AEST
I expect students to present their assignment work on time. Please note that I will not consider any request for an extension of time unless you upload an application in the appropriate manner, supported by documentation and made prior to the due time/date. I will impose a penalty deduction of 5% per day for late work.
Week 5 Monday (11 Dec 2017)
Student satisfaction surveys in the past indicate student concerns when a unit coordinator does not provide assessment feedback quickly. Generally, I release the feedback and marks the day after the final cut-off date (that is, I provide feedback and marks 10 days after the due date).
Complete all requirements of the task.
- Communication
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Cross Cultural Competence
- Ethical practice
- Describe and discuss the rule of law, the nature of the Australian legal system and ethical responsibility
- Develop basic skills in critical legal thinking, reasoning and reflection.
2 Written Assessment
Create a legal problem solving "toolkit" as directed by your unit coordinator. This tool kit adopts material you are introduced to in the first half of the course and is meant to be of continuing use to you as you proceed through the degree program.
Some of the steps you should consider for your model would include these:
- Gathering and identifying the relevant facts,
- Strategies for identifying the legal issues,
- Processes for researching the most relevant and up to date law,
- Applying the law to the facts,
- Communicating your advice in the way most appropriate for your client,
Once you have assembled your model you are required to explain it in a recorded presentation which you then upload to You Tube. Communicating how your model works is an important part of the assessment so consider using diagrams, flow charts and slide shows as appropriate if it helps you articulate your thoughts.
This assessment item is the labour equivalent of a 2000 word written essay.
Further details of this task will be available on the Moodle site along with ideas, hints and tips.
Week 9 Thursday (18 Jan 2018) 11:45 pm AEST
I expect students to present their assignment work on time. Please note that I will not consider any request for an extension of time unless you upload an application in the appropriate manner, supported by documentation and made prior to the due time/date. I will impose a penalty deduction of 5% per day for late work until the cut-off date, which is Saturday, 27 January 2018. If you do not submit your work by the cut-off date, I will award you a 'nil' mark.
Week 11 Monday (29 Jan 2018)
Student satisfaction surveys in the past indicate student concerns when a unit coordinator does not provide assessment feedback quickly. Generally, I release the feedback and marks the day after the final cut-off date (that is, I provide feedback and marks 10 days after the due date).
Complete all of the required elements of the task, (model, guides and presentation).
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Describe and discuss the rule of law, the nature of the Australian legal system and ethical responsibility
- Explain how the law is made and developed in Australia
- Demonstrate basic skills in legal research and writing using appropriate referencing standards
- Develop basic skills in critical legal thinking, reasoning and reflection.
3 Written Assessment
You have four hours to complete the take home examination paper. You may use your own computer to conduct research and prepare your response. Questions are drawn from the material we discuss during the course. One is a problem question, which you are required to respond to using the legal problem solving tool kit which you completed as your second assessment. More information about the format of the paper and suggested areas for revision will be provided after week 10.
You submit your work in a single Word (not PDF) document online through Moodle before the deadline.
Week 12 Thursday (8 Feb 2018) 8:00 pm AEST
In the absence of an approved extension, there will be no opportunity to complete the task after the deadline. There will be no opportunity to apply for a late penalty of 5% per day and you will receive a mark of zero for this assessment task.
Normal examination conditions apply. The final take home paper is not returned to students. General feedback is provided to the whole class in the form of an answer guide after the due date in accordance with University assessment policy.
Identified and discussed relevant factual issue.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Ethical practice
- Describe and discuss the rule of law, the nature of the Australian legal system and ethical responsibility
- Explain how the law is made and developed in Australia
- Demonstrate basic skills in legal research and writing using appropriate referencing standards
- Develop basic skills in critical legal thinking, reasoning and reflection.
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.