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LAWS13027 - Conflict of Laws

General Information

Unit Synopsis

In this unit you will study the principles governing the resolution of disputes involving elements or facts tied to more than one jurisdiction (including both interstate or international). The unit has three main themes: jurisdiction, choice of law, and enforcement. Jurisdiction involves the power of a court to hear a cross-border dispute and orders designed to reduce 'forum shopping'. Choice of law concerns the principles by which a court will apply the law of another country or state. Enforcement focuses on the enforcement and recognition of international and interstate judgments and orders. This is an essential unit if you are considering a career in civil or commercial law as advancements in technology and globalisation have significantly broadened this area of legal practice.

Details

Level Undergraduate
Unit Level 3
Credit Points 6
Student Contribution Band SCA Band 4
Fraction of Full-Time Student Load 0.125
Pre-requisites or Co-requisites

Prerequisites 48cp of LAWS units including LAWS11057, LAWS11060 and LAWS11069.

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).

Class Timetable View Unit Timetable
Residential School No Residential School

Unit Availabilities from Term 2 - 2024

There are no availabilities for this unit on or after Term 2 - 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).

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.

Assessment Tasks

Assessment Task Weighting
1. Practical Assessment 40%
2. Written Assessment 60%

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

Past Exams

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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.

Unit learning Outcomes

On successful completion of this unit, you will be able to:

  1. Analyse and apply relevant legal doctrines and principles that address jurisdictional, choice of law or enforcement issues to practical scenarios involving foreign elements
  2. Evaluate the development of private international law in Australia compared with other jurisdictions and its significance for legal practice
  3. Communicate both orally and in writing in an effective and professional manner.

The learning outcomes for this unit are not governed by the Legal Practioner's Admissions Board as it is not a Priestley 11 knowledge area.

Alignment of Assessment Tasks to Learning Outcomes
Assessment Tasks Learning Outcomes
1 2 3
1 - Practical Assessment • • •
2 - Written Assessment • • •
Alignment of Graduate Attributes to Learning Outcomes
• Introductory Level
• Intermediate Level
• Graduate Level
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 •
Alignment of Assessment Tasks to Graduate Attributes
• Introductory Level
• Intermediate Level
• Graduate Level
Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9 10