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 - 2020
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 and Self-Reflection
Streamline assessment requirements, reducing the number of different systems and elements required to complete assessment tasks.
Simplify assessment requirements, particularly in the first assessment task, to support the onboarding process for students.
Feedback from Student Feedback and Self-Reflection
More individualised feedback for all assessments would be helpful.
Provide individualised feedback for all assessments.
- 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
(2019)
Authors: Nickolas James, Rachael Field and Jackson Walkden-Brown
Wiley
ISBN: 9780730363507
Binding: Paperback
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Zoom
- Microsoft Teams
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
n.corbett-jarvis@cqu.edu.au
a.m.george@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
Reading and Interpreting Cases, Statutes and Contracts
Chapter
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
Chapter
The New Lawyer: Chapter 8
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Communication Skills
Chapter
The New Lawyer: Chapter 9
Events and Submissions/Topic
Module/Topic
Theories of Law and Justice
Chapter
The New Lawyer: Chapter 11
Events and Submissions/Topic
Module/Topic
Access to Justice
Chapter
Events and Submissions/Topic
Module/Topic
Professional Ethical Behaviour
Chapter
The New Lawyer: Chapter 13
Events and Submissions/Topic
Module/Topic
Self-Management
Chapter
The New Lawyer: Chapters 10 and 14
Events and Submissions/Topic
Module/Topic
Review and Looking Ahead
Chapter
No prescribed reading this week
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Portfolio
You must create a professional portfolio, based on the guide provided. This portfolio will include the following elements, each of which is worth a full 5%:
A professional portfolio based on the template provided;
Details of three to five core capabilities, curated with supporting evidence;
The certificate of completion for the iChange orientation program; and
A link to a video of 2-5 minutes in which you discuss your ethos.
The iChange program is available at: https://www.cqu.edu.au/industry-and-partnerships/engagement/social-innovation/ichange
Week 4 Thursday (3 Dec 2020) 6:00 pm AEST
Results will be released within two weeks.
You will receive a full 5% for each element completed satisfactorily.
- 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
You must analyse a legal problem, conduct any necessary legal research and present your advice to the character(s) in the problem scenario. In addition, you must reflect on your thinking and work process, describe your problem-solving process, and explain the decisions you made to reach your conclusions.
Word limit: 1,500 words.
Week 9 Friday (22 Jan 2021) 6:00 pm AEST
We will endeavour to release results within two weeks of the due date.
- Identification of legal issues
- Ability to analyse the law
- Ability to apply the law to a factual scenario
- Demonstration of problem-solving method and ability to reflect on the process
- Effective communication and referencing
A criteria rubric is available on Moodle.
- 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 must answer two questions, each worth 20% of your final mark. The questions will be based on topics discussed in the weekly workshops from Modules 2 to 10.
Word Limit: 1,500 words.
Week 12 Thursday (11 Feb 2021) 6:00 pm AEST
We will endeavour to provide feedback within 2 weeks of the due date
- Analysis of legal issues
- Explanation of the law and citation of suitable sources
- Critical thinking
- Effective communication and referencing
A criteria rubric is available on Moodle.
- 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.