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 1 - 2023
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 Reflection of the teaching team, student feedback
Week 4, which looks at legislation and statutory interpretation, and week 5, which looks at the court hierarchy and the doctrine of precedent, are very dense.
Move some of the content in week 1 to an 'orientation' tile or provide the content via a video/guide as part of the unit overview. This will allow for foundational information from weeks 4 and 5 (the structure of the legal system, what law is, the court hierarchy, and the legislative process) to be explored at a foundational level in week 1, which will reduce the amount of content in weeks 4 and 5.
Feedback from Student feedback
Students should have significantly more time to complete the problem solving assessment, which is conducted as a take home paper.
A take home paper must be retained for compliance with accreditation requirements. The nature of this assessment, a problem solving exercise, should be retained as it assesses students' problem solving skills and knowledge of statutory interpretation and precedent using primary sources. However, students should be given a minimum of 7 days to review the legislative provisions and cases that will be the subject of the take home paper assessment so that they do not need to complete any reading in the time permitted for the take home paper.
- Demonstrate understanding of the Australian legal system, rules of law, precedent, and how law is made and developed in Australia.
- Apply the principles of statutory interpretation, case analysis, and professional ethical responsibility.
- Conduct legal research and communicate effectively orally and in writing, using appropriate referencing.
- Develop basic skills and techniques in legal problem solving, critical analysis, legal 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 - 20% | ||||
3 - Written Assessment - 60% |
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 |
Textbooks
There are no required textbooks.
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Microsoft Teams
- Zoom (both microphone and webcam capability)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
w.jones@cqu.edu.au
l.price@cqu.edu.au
Module/Topic
Exploring the Law
Chapter
Greg Byrne, ‘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’ (July/August 2016) 88 New York State Bar Association Journal 64
‘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
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’ (2011-2012) 63 Mercer Law Review 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 Law Review 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
Joe Harman, 'Law as an Instrument of Justice and a Tool of Oppression' (15 March 2014) Legal Studies Conference
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)
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://www.lawsociety.com.au/sites/default/files/2018-03/1272952.pdf
Events and Submissions/Topic
Module/Topic
Prognostications and procrastinations
Chapter
No set reading
Events and Submissions/Topic
Take Home Paper Due: Week 11 Wednesday (24 May 2023) 8:00 pm AEST
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. At the end of each module (modules 1-10), a quiz will test your comprehension of these materials and your understanding of unit materials and readings, and your ability to apply concepts from these materials.The weekly quizzes should be attempted after completing each module's lesson. They are located within the relevant module tile.
Quizzes comprise of 4 questions drawn randomly from a bank of questions, with each question worth 0.5% of your mark for the unit and thus each quiz is worth a total of 2% for each module. The questions test your understanding and application of unit materials, concepts and readings.
All ten quizzes must be completed by 11.59 pm (Qld time) on Friday 26 May 2023 (week 11). As students have 11 weeks to complete this task, no extensions beyond this due date are permitted.
10
Weekly
Week 11 Friday (26 May 2023) 11:59 pm AEST
All 10 weekly quizzes must be completed by the due date.
Week 11 Friday (26 May 2023)
Quizzes are graded automatically.
- Comprehension of module materials and readings;
- Application of concepts from the materials and readings to topics and questions; and
- Evaluation of propositions, using the evidence base provided by reading materials.
- Demonstrate understanding of the Australian legal system, rules of law, precedent, and how law is made and developed in Australia.
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 connected to a weekly challenge that tests your skills and understanding. To evidence what you have learned, you are required to write reports responding to each weekly challenge. Each will be approximately half a page in length and can include elements such as tables or diagrams.
In week 12, you must submit a workbook containing your weekly challenge answers for weeks 1-10.
Each weekly workshop challenge is worth 2% of your marks for this unit.
Week 12 Wednesday (31 May 2023) 11:59 pm AEST
Estimated return is 2 weeks from due date. Results may be withheld until certification of grades.
- Completion of weekly challenges;
- Reflection on tasks, learning, and professional development;
- Evidence of critical thinking, analytical reasoning, and creative problem-solving;
- Demonstrated understanding of how theories and concepts integrate into practical and applied situations; and
- Communicate effectively in writing.
- Demonstrate understanding of the Australian legal system, rules of law, precedent, and how law is made and developed in Australia.
- Apply the principles of statutory interpretation, case analysis, and professional ethical responsibility.
- Conduct legal research and communicate effectively orally and in writing, using appropriate referencing.
- Develop basic skills and techniques in legal problem solving, critical analysis, legal 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 using real cases and legislation to provide advice to a client. This will be supported by a workshop challenge in week 7 that features a hypothetical problem.
This assessment will be carried out as a 'take home paper', which is the equivalent of an exam. The take home paper will be held from 4 - 8 pm on Wednesday 24 May 2023 (Qld time, Week 11). Note the following conditions apply to take home papers:
- take home papers are for four (4) hours duration only;
- submissions received after the deadline has passed will not be accepted and will be graded as zero;
- extensions are not available for take home papers (although Accessibility adjustments still apply); and
- exam conditions apply to take home papers.
In the take home paper 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.
Week 11 Wednesday (24 May 2023) 8:00 pm AEST
Students will have four hours to complete the paper.
Estimated return is 2 weeks from due date. Results may be withheld until certification of grades.
- 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; and
- Ability to reflect on problem-solving process.
- Apply the principles of statutory interpretation, case analysis, and professional ethical responsibility.
- Conduct legal research and communicate effectively orally and in writing, using appropriate referencing.
- Develop basic skills and techniques in legal problem solving, critical analysis, legal 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.
What can you do to act with integrity?
