CQUniversity Unit Profile
LAWS11057 Introduction to Law
Introduction to Law
All details in this unit profile for LAWS11057 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student).
The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.
General Information

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

Career Level: Undergraduate
Unit Level: Level 1
Credit Points: 6
Student Contribution Band: 10
Fraction of Full-Time Student Load: 0.125

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 - 2023

Online

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).

Class and Assessment Overview

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

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville
Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

1. Online Quiz(zes)
Weighting: 20%
2. Learning logs / diaries / Journal / log books
Weighting: 20%
3. Written Assessment
Weighting: 60%

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.

Previous Student Feedback

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

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.

Recommendation

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

Feedback

Students should have significantly more time to complete the problem solving assessment, which is conducted as a take home paper.

Recommendation

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.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Demonstrate understanding of the Australian legal system, rules of law, precedent, and how law is made and developed in Australia.
  2. Apply the principles of statutory interpretation, case analysis, and professional ethical responsibility.
  3. Conduct legal research and communicate effectively orally and in writing, using appropriate referencing.
  4. Develop basic skills and techniques in legal problem solving, critical analysis, legal reasoning, and reflection.
Alignment of Learning Outcomes, Assessment and Graduate Attributes
N/A Level
Introductory Level
Intermediate Level
Graduate Level
Professional Level
Advanced Level

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 and Resources

Textbooks

There are no required textbooks.

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
  • Microsoft Teams
  • Zoom (both microphone and webcam capability)
Referencing Style

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed

For further information, see the Assessment Tasks.

Teaching Contacts
Angelo Capuano Unit Coordinator
a.capuano@cqu.edu.au
Wayne Jones Unit Coordinator
w.jones@cqu.edu.au
Schedule
Week 1 Begin Date: 10 Jul 2023

Module/Topic

Exploring the Law

Chapter

Ben Doherty, 'Ben Roberts-Smith loses defamation case, with judge finding former SAS soldier committed war crimes' (The Guardian, 1 June 2023) <https://www.theguardian.com/australia-news/2023/jun/01/ben-roberts-smith-loses-defamation-case-with-judge-saying-newspapers-established-truth-of-some-murders>

Events and Submissions/Topic

Week 2 Begin Date: 17 Jul 2023

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

Week 3 Begin Date: 24 Jul 2023

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

Week 4 Begin Date: 31 Jul 2023

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

Week 5 Begin Date: 07 Aug 2023

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

Vacation Week Begin Date: 14 Aug 2023

Module/Topic

Chapter

Events and Submissions/Topic

Week 6 Begin Date: 21 Aug 2023

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

Week 7 Begin Date: 28 Aug 2023

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

Week 8 Begin Date: 04 Sep 2023

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

Week 9 Begin Date: 11 Sep 2023

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

Week 10 Begin Date: 18 Sep 2023

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

Take Home Paper Due: Week 10 Friday (22 Sept 2023) 5:00 pm AEST
Week 11 Begin Date: 25 Sep 2023

Module/Topic

Prognostications and procrastinations

Chapter

No set reading

Events and Submissions/Topic

Online Quizzes Due: Week 11 Friday (29 Sept 2023) 5:00 pm AEST
Week 12 Begin Date: 02 Oct 2023

Module/Topic

Job interview simulations continued

Chapter

Events and Submissions/Topic

Workbook Due: Week 12 Friday (6 Oct 2023) 5:00 pm AEST
Review/Exam Week Begin Date: 09 Oct 2023

Module/Topic

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 16 Oct 2023

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Online Quiz(zes)

Assessment Title
Online Quizzes

Task Description

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 5.00pm AEST on Friday of week 11. As students have 11 weeks to complete this task, no extensions beyond this due date are permitted.


Number of Quizzes

10


Frequency of Quizzes

Weekly


Assessment Due Date

Week 11 Friday (29 Sept 2023) 5:00 pm AEST

All 10 weekly quizzes must be completed by the due date.


Return Date to Students

Quizzes are graded automatically.


Weighting
20%

Assessment Criteria

  • 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.


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • 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

Assessment Title
Workbook

Task Description

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.


Assessment Due Date

Week 12 Friday (6 Oct 2023) 5:00 pm AEST

Submission will be online via Moodle


Return Date to Students

Exam Week Friday (20 Oct 2023)

Estimated return is 2 weeks from due date. Results may be withheld until certification of grades.


Weighting
20%

Assessment Criteria

  • 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.


Referencing Style

Submission
Online

Submission Instructions
Students must compile all ten weekly challenge responses into one Word document.

Learning Outcomes Assessed
  • 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

Assessment Title
Take Home Paper

Task Description

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 assessment will be carried out as a 'take home paper', which is the equivalent of an exam. The take home paper will be held on Friday 22 September 2023 during week 10 of term from 1pm to 5pm AEST. 

Note the following conditions apply to take home papers:

  1. take home papers are for four (4) hours duration only;
  2. submissions received after the deadline has passed will not be accepted and will be graded as zero;
  3. extensions are not available for take home papers (although Accessibility adjustments still apply); and
  4. 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.

Invigilated take-home examinations are required for students enrolled in the CB68 Bachelor of Laws / Bachelor of Accounting double degree or CL53 Bachelor of Laws / Bachelor of Business (Accounting major) as part of the accounting accreditation. These units include LAWS11057 Introduction to Law (CB68, CL53 (accounting major) and CQ01 students only). The invigilation process is governed by the Invigilated Take-home Examination Guidelines issued by the College of Law, Criminology and Justice. Invigilation is not required for students not enrolled in CB68 or CL53.

Further instructions regarding the process for invigilation for Accounting students will be provided on Moodle in due course.


Assessment Due Date

Week 10 Friday (22 Sept 2023) 5:00 pm AEST

Students will have four hours to complete the paper. It will be held in week 10 of term on a date and time to be set.


Return Date to Students

Estimated return is 2 weeks from due date. Results may be withheld until certification of grades.


Weighting
60%

Assessment Criteria

  • 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.


Referencing Style

Submission
Online

Submission Instructions
Students must submit their paper as a Word document before the due date and time. Late submissions will not be accepted and will be marked as zero. Extensions are not permitted for this assessment.

Learning Outcomes Assessed
  • 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.

Academic Integrity Statement

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?