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 - 2021
Attendance Requirements
All on-campus students are expected to attend scheduled classes â 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
Integrate additional IRAC content
As problem-solving skills are key to both the capstone assessment in this unit, and students' progression in legal education and careers, provide additional support regarding, and examples of, IRAC problem-solving methods.
Feedback from Student feedback and self-reflection
Reduce quiz access requirements
To enhance flexibility in learning, and support all learners in the unit, remove requirement to post in Moodle Forums before accessing quizzes
- 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.
Additional Textbook Information
There is no prescribed textbook for this unit, but students must complete readings provided on the eReadings list.
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
Exploring the Law
Chapter
Byrne, Greg, âThe High Court in Pell v The Queen: An âunreasonableâ review of the juryâs decisionâ (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, âOn thinking like a lawyerâ, https://scholar.princeton.edu/sites/default/files/slaughter/files/onthinkinglikealawyer.pdf
Gerald Lebovits, âThe Legal Writer, Say It Ain't So: Leading Logical Fallacies in Legal Argument â Part 1â, 88 New York State Bar Association Journal 64 (July/August 2016)
Gerald Lebovits, âThe Legal Writer, Say It Ainât So: Leading Logical Fallacies in Legal Argument â Part 2â, 88 New York State Bar Association Journal 64 (Sept. 2016)
âThe Art of Written Persuasion: From IRAC to FAILSAFE â A Compilation of Legal Problem-Solving Modelsâ, 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 âStatutory Interpretationâ
Events and Submissions/Topic
Module/Topic
Chapter
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
Being a lawyer and being ethical
Chapter
Kim D Chanbonpin, âLegal Writing, the Remix: Plagiarism and Hip Hop Ethicsâ (2011-2012) 63 Mercer Law Review 597
Legal Services Commissioner v Bui [2018] QCAT 424
Carrie Menkel-Meadow, âWhen Winning Isnât Everything: The Lawyer as Problem Solverâ (2000) 28 Hofstra Law Review 905
Events and Submissions/Topic
Module/Topic
Chapter
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 âAccess to Lawâ.
Events and Submissions/Topic
Module/Topic
Law in society
Chapter
Nick Chater, âCould we live without laws?â, https://theconversation.com/could-we-live-in-a-world-without-rules-128664
Joe Harman, 'Law as an Instrument of Justice and a Tool of Oppression', Legal Studies Conference (15 March 2014).
Jack Goldring, âAustralian Lawyers and Social Change â 30 Years Laterâ, 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
Workbook (part 2) for modules/weeks 6 - 10 due by 11.59 pm on Wednesday 9 February 2022 (week 12).
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. At the end of each module (modules 1-10), a quiz will test your comprehension of these materials and your ability to apply concepts from these materials.
Each quiz assigns you four questions, drawn randomly from a bank. Each question is worth a half mark and thus each quiz is worth a total of 2% for each module. You are required to complete the lesson activities for each module before the quiz becomes available and you are able to complete it.
All quizzes must be completed by 11.59 pm (Qld time) on Friday 4 February 2022 (week 11). No extensions beyond this due date are permitted.
10
Weekly
Week 11 Friday (4 Feb 2022) 11:59 pm AEST
Quizzes are marked automatically
- Comprehension of module materials and readings.
- Application of concepts from the materials and readings to topics and questions.
- Evaluation of propositions, using the evidence base provided by reading materials.
- 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
2 Learning logs / diaries / Journal / log books
This unit emphasises practical and applied learning, to draw connections between the readings/preparatory materials and the real world context in which they are 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 in two stages. Workbooks for modules 1 to 5 are due in week 6 in order to give you an understanding of your progress. The remaining workbooks, 6 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 and thus the workbook each week is worth a maximum of 4 marks.
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 6 Wednesday (22 Dec 2021) 11:59 pm AEST
Workbook (part 1) for modules 1 to 5 are due on 11.59 pm (Qld time) on Wednesday 22 December 2021 (week 6). Workbook (part 2), for modules 6 to 10 are due by 11.59 pm (Qld time) on Wednesday 9 February 2022 (week 12).
We will endeavour to return grades for workbook, part 1 (for weeks 1 - 5) within 2 weeks. Grades for workbook, part 2 (weeks 6 - 10) will be released upon certification of grades.
- 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
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 learned, you will complete a legal problem solving exercise which will be released in week 8 and due in week 10. This will be supported by a workshop challenge in week 7 that features a hypothetical problem.
You will be assessed on your ability to identify the legal issues in a factual scenario and locate and interpret the law. You must apply the law to the facts to provide advice to a client. You will also 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 âshow your workingâ. The two week turnaround has, in part, been required to reduce the potential of contract cheating and also to facilitate planning skills.
Week 10 Monday (24 Jan 2022) 11:59 pm AEST
Week 12 Monday (7 Feb 2022)
- Identification of legal issues
- Identification and analysis of relevant law
- Ability to apply the law to a factual scenario
- Ability to provide clear, supportable conclusions
-Effective communication and referencing
- Ability to reflect on problem-solving process
- 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 othersâ 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 CQUniversityâs policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversityâs 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.