Overview
This unit introduces you to the Australian legal system, its institutions, processes and sources of law. It explores foundational principles and concepts, such as the Westminster system of governance, rule of law, doctrine of precedent and principles of statutory interpretation to provide you with insight into how the Australian legal system functions. The unit explores thinking, researching and communicating like a lawyer through the development of legal, ethical and technological literacy and a range of legal skills, which provides a foundation for your future law studies.
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 - 2024
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 Tutor reflection
The incorporation of referencing and research quiz into the unit has helped improve research and referencing skills overall. However, the JADE should also be introduced to the unit content and assessed in the quiz.
Maintain research and referencing quiz but incorporate the JADE database into the unit content and assessment.
Feedback from Tutor reflection
Students struggle with the mid-term assessment focused on the doctrine of precedent.
Provide further resources on the doctrine of precedent and review whether a further week could be spent on the doctrine of precedent in the unit schedule.
- Analyse sources of law, legal institutions and processes, and the principles of professional ethical responsibility.
- Apply the rules of precedent and principles of statutory interpretation to a practical scenario.
- Conduct legal research and communicate effectively both orally and in writing.
Written Assessment 3 will be conducted as a take home paper around week 11. Students who are studying Accounting will be invigilated to ensure compliance with the Accounting body's requirements.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | ||
|---|---|---|---|
| 1 | 2 | 3 | |
| 1 - Online Quiz(zes) - 20% | |||
| 2 - Written Assessment - 30% | |||
| 3 - Written Assessment - 50% | |||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | ||
|---|---|---|---|
| 1 | 2 | 3 | |
| 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
The New Lawyer
Edition: 3rd (2024)
Authors: Nikolas James, Rachael Field and Jackson Walkden-Brown
Wiley
Brisbane Brisbane , QLD , Australia
ISBN: 978-1-394-18438-5
Binding: Paperback
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Zoom
- Microphone and camera to attend the Zoom sessions
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
p.robinson1@cqu.edu.au
Module/Topic
Orientation to Law
Chapter
See the reading list in the study guide.
Events and Submissions/Topic
Weekly Zoom Workshop.
Module/Topic
The Australian Legal System
Chapter
See the reading list in the study guide.
Events and Submissions/Topic
Weekly Zoom Workshop.
Module/Topic
Researching and Writing Like A Lawyer: Part 1
Chapter
See the reading list in the study guide.
Events and Submissions/Topic
Weekly Zoom workshop.
Module/Topic
The Courts and Case Law
Chapter
See the reading list in the study guide.
Events and Submissions/Topic
Weekly Zoom workshop.
Module/Topic
The Doctrine of Precedent
Chapter
See the reading list in the study guide.
Events and Submissions/Topic
Weekly Zoom workshop.
Module/Topic
Legislation
Chapter
See the reading list in the study guide.
Events and Submissions/Topic
Weekly Zoom workshop.
Module/Topic
Researching and Writing Like A Lawyer: Part 2
Chapter
See the reading list in the study guide.
Events and Submissions/Topic
Weekly Zoom workshop.
Written Assessment Due: Week 7 Friday (20 Dec 2024) 6:00 pm AEST
Module/Topic
Chapter
Events and Submissions/Topic
No workshop this week.
Module/Topic
Chapter
Events and Submissions/Topic
No workshop this week.
Module/Topic
Lawyers
Chapter
See the reading list in the study guide.
Events and Submissions/Topic
Weekly Zoom workshop.
Module/Topic
Justice
Chapter
See the reading list in the study guide.
Events and Submissions/Topic
Weekly Zoom workshop.
Quiz Due: Week 9 Friday (17 Jan 2025) 6:00 pm AEST
Module/Topic
Law in Society
Chapter
See the reading list in the study guide.
Events and Submissions/Topic
Weekly Zoom workshop.
Module/Topic
Legal Theory
Chapter
See the reading list in the study guide.
Events and Submissions/Topic
Weekly Zoom workshop.
Module/Topic
Preparing for Exams and Future Law Studies
Chapter
See the reading list in the study guide.
Events and Submissions/Topic
Weekly Zoom workshop.
Module/Topic
Chapter
Events and Submissions/Topic
The final examination is a date to be advised during or around the exam week.
1 Written Assessment
You must write a response to a problem question focused on the doctrine of precedent. You will be assessed on your ability to identify the legal issues and interpret and apply the law to the facts of the scenario. You must reflect on the problem solving process you adopted, including explaining the steps you took, your reasoning process and how this impacted on the work you produced.
Week 7 Friday (20 Dec 2024) 6:00 pm AEST
Students must submit their work as a Word document.
Estimated return timing is three weeks.
This assessment will test your ability to:
- identify legal issues;
- explain and analyse the relevant law;
- apply the law to a factual scenario;
- provide clear, supportable conclusions;
- communicate effectively in writing;
- comply with the Australian Guide to Legal Citation; and
- reflect on problem-solving process you adopted.
- Analyse sources of law, legal institutions and processes, and the principles of professional ethical responsibility.
- Apply the rules of precedent and principles of statutory interpretation to a practical scenario.
- Conduct legal research and communicate effectively both orally and in writing.
2 Online Quiz(zes)
This assessment will test your ability to locate and analyse primary and secondary sources across a range of legal databases and your knowledge of the referencing rules contained in the Australian Guide to Legal Citation.
This quiz will be made available at 10:00 am (Qld time) on Wednesday 15 January 2024. You must submit your answers to the quiz by 6:00 pm (Qld time) on Friday 17 January 2025 [week 9, AEST]
You must complete the quiz by submitting your answers to all questions online. You have one attempt to complete and submit your answers. You must therefore submit your answers online in one sitting (you cannot save your answers and return to them or amend them at a later date).
You will have 90 minutes to submit your answers online once you commence the quiz.
You must complete your submission online by 6:00 pm (Qld time) on Friday 17 January 2025 [week 9, AEST]. Note that all answers must be submitted by this time.
Open attempts will be submitted automatically when the time limit (90 minutes) expires and/or when the due date/time is reached.
If you experience technical difficulties with the quiz, please contact the unit coordinator immediately by email.
1
Other
Week 9 Friday (17 Jan 2025) 6:00 pm AEST
Students have one attempt at the quiz. Open attempts will be submitted automatically when the time limit expires and/or when the due date/time is reached.
The quiz is graded automatically, but quiz results will be released once all students have submitted the quiz.
The quiz is graded automatically and tests your ability to:
- locate cases and legislation on legal databases;
- use, and interpret information in, a range of case citators;
- locate information online in Halsbury's and the Laws of Australia;
- locate journal articles on legal databases; and
- reference in accordance with the Australian Guide to Legal Citation (AGLC4).
- Analyse sources of law, legal institutions and processes, and the principles of professional ethical responsibility.
- Conduct legal research and communicate effectively both orally and in writing.
3 Written Assessment
For this take home exam, you must provide a response to a series of essay-style questions. The questions will be based on topics discussed in the weekly workshops from Modules 2 to 12.
This assessment will be carried out as a 'take home paper', which is the equivalent of an exam. The take home exam is 2.5 hours (150 minutes) duration. You must be available to sit this take home exam as extensions are not permitted and submissions after the due date/time are not accepted.
The take home exam will be held during the University exam period. As these are coordinated by the School of Business and Law, the date and time of the take home exam will be advised in due course.
Note the following conditions apply to the take home exam:
1. take home exams are for 2.5 hours (150 minutes) 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 exams (although Accessibility adjustments still apply); and
4. exam conditions apply to take home papers; and
5. for the duration of the assessment, the use of generative AI, large language models and other similar tools are prohibited.
Submissions after the deadline has passed will not be accepted and will be graded as zero. Extensions are not available for take home papers. Students must submit their work as a Word document.
Results will be withheld until certification of grades.
The take home exam will test your ability to:
- analyse both legal and practical issues;
- explain the relevant law;
- critically analyse the law and/or its practical effects;
- make evidence-based and logical arguments;
- cite suitable sources in support of your discussions;
- communicate effectively in writing; and
- reference in accordance with the Australian Guide to Legal Citation.
- Apply the rules of precedent and principles of statutory interpretation to a practical scenario.
- Conduct legal research and communicate effectively both orally and in writing.
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?
