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 - 2018
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 feedback
Time management issues around assessments, working through material, amount of reading, time spent on completing assessments and take-home paper.
Some students would benefit from the option to take time management instruction, assistance with setting study goals and the preparation of a study timetable to be more realistic about what time they need to set aside for the 12 weeks of the course. The office of learning and teaching could consider providing such additional assistance.
- 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: Foundations of Law
Edition: 1st (2018)
Authors: James, Field, and Walkden-Brown
John Wiley & Sons Australia
Melbourne Melbourne , Victoria , Australia
ISBN: 9780730363507
Binding: Paperback
Additional Textbook Information
'New Lawyer: Foundations of Law 1e' is Hybrid Text (colour hardcopy which gives eAccess): copies are available from the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code)
Not prescribed (but of interest) is Interactive eText (lifelong eBook with interactive exercises and videos): ISBN 9780730358916
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- ZOOM
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
Life of a Lawyer, Fundamental Legal Concepts, Legal History in Australia
Chapter
The New Lawyer chapters 1, 2 and 3
Events and Submissions/Topic
Module/Topic
The Australian Legal System
Chapter
The New Lawyer chapter 4
Events and Submissions/Topic
Module/Topic
Sources of Law in Australia
Chapter
The New Lawyer chapter 5
Events and Submissions/Topic
Module/Topic
Legal Thinking Skills
Chapter
The New Lawyer chapter 8
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Legal Research Skills
Chapter
The New Lawyer chapter 6
Events and Submissions/Topic
Module/Topic
Communicating as a Lawyer
Chapter
The New Lawyer chapter 9
Events and Submissions/Topic
Module/Topic
Interpreting the Law
Chapter
The New Lawyer chapter 7
Events and Submissions/Topic
Module/Topic
Theories of Law and Justice
Chapter
No prescribed reading this week
Events and Submissions/Topic
Module/Topic
Access to Justice
Chapter
No prescribed reading this week
Events and Submissions/Topic
Module/Topic
Professional Ethical Behaviour
Chapter
No prescribed reading this week
Events and Submissions/Topic
Module/Topic
Self-Management
Chapter
No prescribed reading this week
Events and Submissions/Topic
Module/Topic
Review and Take Home Paper Week
Chapter
No prescribed reading this week
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 4 Thursday (29 Nov 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.
Week 6 Monday (17 Dec 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 promptly.
Complete all requirements of the task.
Professional presentation of your work.Inclusion of evidence of your claimed skills and achievements.
Demonstrated understanding of the relevant law and standards evidenced in professional statements on communication and professional standard.
Effective use of technology to create the portfolio online including embedding at least one video.
- 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 (17 Jan 2019) 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, 26 January 2019. If you do not submit your work by the cut-off date, I will award you a 'nil' mark.
Week 11 Monday (28 Jan 2019)
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).
Clear and logical explanation of your thinking skills and your overall approach to problem solving.
Evidence of your understanding of how to identify and then the research relevant law.
Demonstrated understanding of how to apply the law and communicate useful and ethical advice to a client.Professional presentation of your work including good use of technology.
- 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 just over a day 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. Included is a problem question(s), 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.
Week 12 Wednesday (6 Feb 2019) 11:45 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.
I assess students on their ability to demonstrate thinking and writing skills, to comprehend the material, to process the material and to provide a critical analysis and logical discussion of the law. Students are required to communicate an answer clearly, logically and in a concise manner. I expect you to present your paper in a professional manner. Please paginate your paper and use correct spelling and grammar. You must appropriately reference and attribute the work of others.
Fail
You will have shown evidence of the following:
- the written expression is poor and difficult to understand
- the answer is poorly organised
- referencing is generally inadequate
- lack of familiarity with the legislation and its application
- failure to identify and address the issues in the question
- reasoning and application demonstrated is poor
Pass
You will have:
- made a conscientious attempt to address the topic and/or answer the question
- shown evidence of having done the required reading and of having understood the reading
- presented a reasonable argument to back up your conclusions
- demonstrated a reasonable level of spelling and grammatical usage
- used referencing but this may need improvement
- issues that may need to be identified and addressed in more depth
Credit
You will have:
- addressed the topic and/or answered the question directly
- presented soundly based arguments and backed these up with reasons
- gone beyond description to analysis of key issues
- used the English language well
- shown evidence of reading widely
- demonstrated understanding of the reading
- used referencing that is satisfactory
Distinction
You will have:
- met the above criteria for a credit
- demonstrated the attainment of a high degree of understanding of the concepts of the unit
- demonstrated deep insight into the application of knowledge and skills to complex theoretical and practical situations
- used referencing correctly
- referred to all appropriate legislation
High Distinction
You will have:
- met the above criteria for a distinction
- demonstrated the attainment of an outstanding level of achievement regarding the objectives of this unit
- demonstrated an interesting and/or original approach/idea/argument
- demonstrated mastery of the relevant referencing system
- ensured your conclusions are backed by well-reasoned arguments demonstrating a detailed insight and analysis of issues
-
ensured your references are made to the appropriate legislation for issues
- 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.