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 2 - 2021
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 - Online Quiz(zes) - 20% | ||||
| 2 - Learning logs / diaries / Journal / log books - 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 - Online Quiz(zes) - 20% | ||||||||||
| 2 - Learning logs / diaries / Journal / log books - 40% | ||||||||||
| 3 - Written Assessment - 40% | ||||||||||
Textbooks
There are no required textbooks.
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.
l.price@cqu.edu.au
w.jones@cqu.edu.au
a.m.george@cqu.edu.au
Module/Topic
Exploring the Law
Chapter
Byrne, Greg, ‘The High Court in Pell v The Queen: An ‘unreasonable’ review of the jury’s decision’ (2020) 45(4) Alternative Law Journal 284
Events and Submissions/Topic
Module/Topic
Navigating legal information
Chapter
Read the following sections in the AGLC4:
1.1, 1.4, 1.5,
2.1 - 2.4
3.1 - 3.2
3.4 - 3.6
5.1 - 5.7
6.1 - 6.4
7.11
7.15
Events and Submissions/Topic
Module/Topic
Critical thinking and using evidence
Chapter
Anne-Marie Slaughter, ‘On thinking like a lawyer’, https://scholar.princeton.edu/sites/default/files/slaughter/files/onthinkinglikealawyer.pdf
Gerald Lebovits, ‘The Legal Writer, Say It Ain't So: Leading Logical Fallacies in Legal Argument – Part 1’, 88 N.Y. St. B.J. 64 (July/August 2016)
Gerald Lebovits, ‘The Legal Writer, Say It Ain’t So: Leading Logical Fallacies in Legal Argument – Part 2’, 88 N.Y. St. B.J. 64 (Sept. 2016)
‘The Art of Written Persuasion: From IRAC to FAILSAFE – A Compilation of Legal Problem-Solving Models’, https://www.llrx.com/2008/10/the-art-of-written-persuasion-from-irac-to-failsafe-a-compilation-of-legal-problem-solving-models/
Events and Submissions/Topic
Module/Topic
Using legal sources: Rules and Principles
Chapter
Kath Hall and Clare Macken, Legislation and Statutory Interpretation (LexisNexis Butterworths, 4th ed, 2015) Chapter 4 ‘Statutory Interpretation’
Events and Submissions/Topic
Module/Topic
Using legal sources: Precedents
Chapter
Reading: Robin Creyke et al, Laying Down the Law (LexisNexis Butterworths, 10th ed, 2018), sections 6.9 - 6.20
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Being a lawyer and being ethical
Chapter
Kim D Chanbonpin, ‘Legal Writing, the Remix: Plagiarism and Hip Hop Ethics’ (2011) Mercer Law Review, (2012) 63 Mercer LR 597
Legal Services Commissioner v Bui [2018] QCAT 424
Carrie Menkel-Meadow, ‘When Winning Isn’t Everything: The Lawyer as Problem Solver’ (2000) 28 Hofstra LR 905
Events and Submissions/Topic
Module/Topic
Integrated legal problem solving
Chapter
Jennifer Greaney, Principles and Practice of Australian Law (Lawbook Co, 4th ed, 2020), Chapter 5 ‘Access to Law’.
Events and Submissions/Topic
Module/Topic
Law in society
Chapter
Nick Chater, ‘Could we live without laws?’, https://theconversation.com/could-we-live-in-a-world-without-rules-128664
Harman J, ‘The Rule of Law - Law as an Instrument of Justice and a Tool of Oppression’, Legal Studies Teachers Conference 15 March, 2014
Jack Goldring, ‘Australian Lawyers and Social Change – 30 Years Later’, https://law.anu.edu.au/sites/all/files/media/documents/events/goldring_-_30_years_later.pdf
Events and Submissions/Topic
Module/Topic
Law and changemaking
Chapter
Portable, Design for Justice: How technology and design can help to deliver justice better (2018), report
Events and Submissions/Topic
Module/Topic
Law and justice careers
Chapter
The Law Society of New South Wales, FLIP: The Future of Law and Innovation in the Profession, 2017, https://lawsociety.cld.bz/online-flip-report/114
Events and Submissions/Topic
Module/Topic
Prognostications and procrastinations
Chapter
No set reading
Events and Submissions/Topic
Module/Topic
Job interview simulations, continued
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Online Quiz(zes)
In this unit you will be reading articles and materials that will broaden your understanding of the topics of law and justice. A quiz at the end of each module (modules 1-10) will test your comprehension and ability to apply concepts from these readings.
Each quiz will assign you four questions, drawn randomly from a bank, each worth a half mark for a total of 2% for each module. You will be required to complete the lesson activities for each module before the quiz becomes available to complete.
10
Weekly
Week 11 Wednesday (29 Sept 2021) 1:00 pm AEST
Week 11 Wednesday (29 Sept 2021)
- Comprehension of set reading materials.
- Application of concepts from the readings to topics in this unit.
- Evaluation of propositions, using the evidence base provided by reading materials.
- Describe and discuss the rule of law, the nature of the Australian legal system and ethical responsibility
- Communication
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Cross Cultural Competence
- Ethical practice
2 Learning logs / diaries / Journal / log books
This unit emphasises practical and applied learning, to draw connections between the reading/preparatory material and the real world context in which it is used. Each workshop is designed around a challenge that tests your skills, with the support of a small group of peers online. To evidence what you have learned, you will write individual reflective reports on each of the workshop activities in which you participate. Each will be roughly one half to one page in length and can include elements such as tables or diagrams.
Your Workbook will include a total of ten reports connected to the challenge tasks in workshops 1 to 10. These are due to be submitted at two different deadlines. Workbooks for modules 1 to 4 are due in week 5 in order to give you an understanding of your progress. The remaining workbooks, 5 to 10 are due in week 12.
Each challenge includes two different tasks. There is a compulsory core challenge task that requires preparation and participation in the weekly workshops. In addition, there is also an optional extended challenge each week that requires students to do additional work on their own initiative. Each challenge (core and extended) is worth 2 marks for satisfactory completion. It is possible to pass this unit by completing all the core challenge tasks to a satisfactory degree.
If you are unable to attend any workshops, these challenge tasks may be completed in a study group that you organise with peers at your own convenience.
Week 5 Wednesday (11 Aug 2021) 1:00 pm AEST
Workbooks for modules 1 to 4 are due in week 5 in order to give you an understanding of your progress. The remaining workbooks, 5 to 10 are due in week 12.
Week 7 Wednesday (1 Sept 2021)
Workbooks will be returned two weeks from each of the submission dates.
- 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.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
3 Written Assessment
In this unit, you will be learning practical skills for working in and around the legal and justice systems. The first half of the term will teach you how to find, use and evaluate legal authorities and sources of information. To test what you have learnt, you will complete a legal problem solving exercise which will be released in week 7 and due in week 9. This will be supported by a workshop challenge in week 7 that features a hypothetical problem.
You will be assessed on your ability to explain your reasoning, the steps you took in solving the problem and the decisions that you made. In short you will need to “show your working”. The two week turnaround has, in part, been required to reduce the potential of contract cheating and also to facilitate planning skills.
Week 9 Wednesday (15 Sept 2021) 1:00 pm AEST
Week 11 Wednesday (29 Sept 2021)
- 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.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Ethical practice
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.
What can you do to act with integrity?
