Units

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Sample subject outline - Semester 1 2013

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

The law of torts dominates many law firms through litigation of negligence actions and motor vehicle accident and workers' compensation. However, the law of torts is not just negligence and statutory compensation schemes. A knowledge and understanding of the tort of negligence can only occur in the context of the development of the earlier torts such as trespass to the person, land and personal property.
The law of torts is of primary importance in understanding how the Australian legal system operates to compensate the physical and/or financial harm one person suffers as a result of another's wrongdoing. All law schools and most professional admission authorities share this common view of the fundamental importance of this category of civil wrongs and the study of the law of torts is a requirement for admission to legal practice. Further, an understanding of torts law is necessary for further studies in law as it links with many other branches of law and arises in many legal practice contexts.

Aims

The aim of this unit is for you to develop an understanding of the law of torts relating to trespass, negligence and workers' compensation and the underlying principles and policies that influence the development of torts law. Further, this unit aims to demonstrate how the law of torts works in a real world context, with particular focus on legal problem solving and the teaching of legal interviewing skills. The unit will practise and develop the foundational legal skills introduced in LWB145 Legal Foundations A.

Objectives

At the completion of this unit you should be able to:
1. apply the law of trespass, negligence and workers' compensation to real world problems to demonstrate your knowledge and understanding of torts law; (GC1; GC2)
2. appreciate the role and the dynamic nature of the law of torts and how it has developed in response to social, economic and political changes, including the duties of the lawyer practising in torts law; (GC1; GC6)
3. effectively communicate legal concepts and solutions to torts law problems; (GC3)
4. use appropriate client interviewing skills for the purpose of advising a client on possible tortious actions in a real world context; (GC1; GC2; GC3)
5. work independently, manage time effectively and reflect upon your own understanding and performance to develop strategies for improvement to assist your future studies in law.(GC4; GC5)

Content

The material covered in this unit includes:
1. Trespass;
2. Negligence (including ethical consequences of a solicitor's duty of care); and
3. Workers' Compensation.

Graduate Capabilities
Your understanding of the unit content and development of skills will assist you to acquire the following law graduate capabilities:
GC1. Discipline Knowledge
GC2. Problem Solving, Reasoning and Research
GC3. Effective Communication
GC4. Life Long Learning
GC5. Work Independently and Collaboratively
GC6. Professional, Social and Ethical Responsibility

Approaches to Teaching and Learning

This unit is a combination of content and skills that will develop your graduate capabilities. Therefore the unit is taught through a combination of face-to-face lectures (to assist with your transition into tertiary studies and understanding of torts law); tutorials (to allow you to practise and develop your communication and legal problem solving skills); and online materials that combine prescribed readings, questions and interactive quizzes (to enable you to start evolving into an independent learner).
Study Guide
The Study Guide for the unit provides an outline of relevant content, prescribed readings and tutorial exercises for each week of semester.
Lectures
This unit does not have lectures in weeks 1 and 2. Two hour lectures are timetabled for weeks 3-5 and 8-11 and 13. The lectures are audio taped and made available through the unit's Blackboard site and are supported by PowerPoint presentations.
Online Materials
In weeks 6, 7 and 12, instead of attending lectures students are to work through the online materials that will be available on the unit's Blackboard site. Online materials are also available to develop your understanding of the skills required for client interviewing.
Tutorials
This unit does not have tutorials in weeks 1 and 2. One hour tutorials are timetabled for weeks 3-13.
For external students, tutorial guides will be available each week on the unit's Blackboard site as audio files.
Student Peer Mentors
In this unit students may choose to attend student peer mentor sessions that are timetabled for one hour each week, commencing in week 2.
External students can participate in the student peer mentor sessions through the unit's Blackboard site.
Compulsory External Attendance School
Mid-way in the semester there is a compulsory attendance school where the skills of problem solving and exam techniques will be practised and the client legal interview assessment will take place.

Assessment

In this unit you will be graded on a scale of one to seven.

Overview of Assessment:

Internal Students: Summative assessment in this unit is the discussion forum, client legal interview, memorandum and end of semester exam.

External Students: Summative assessment in this unit is the problem solving task, client legal interview, memorandum and end of semester exam.

Faculty Assessment Information
To access the Law Faculty Assessment Information see the Blackboard site for this unit.Feedback on the development of your understanding of torts law examined in this unit and the skills taught is provided through :
1. The face-to-face tutorials (internal students);
2. External school (external students);
3. The online quizzes in the weeks there are no lectures;
4. Exercises undertaken in tutorials (internal students) and at the external school (external students) leading up to the client legal interview assessment;
5. The individual written feedback on your problem solving (external students);
6. The individual written feedback on your written memorandum;
7. The generic feedback on the written memorandum placed on the unit's Blackboard site;
8. The generic feedback on the examination placed on the unit's Blackboard site;
9. Examples of past student assessment; and
10. The option of private consultation with a member of the teaching team during student consultation.

All of the formative assessment you receive links with learning outcome 8.

Self Reflection
You should reflect upon the feedback (both your individual and generic feedback as provided on Blackboard) for the purpose of identifying:
1. gaps in your knowledge and understanding of the legal principles;
2. inadequacies in your problem solving methodology;
3. strategies to improve your problem solving, oral and written communication skills in further assessment; and
4. areas for improvement for future studies within the LLB.

You should record your work, the feedback and your reflection, noting your strategies for improvement, in your Student ePortfolio. This links with learning outcome 8.

Assessment name: Discussion Forum (Tutorials)
Description: Internal students will be assessed on their preparation for, participation in and contribution to discussions, analysis, problem solving and skills exercises in tutorials throughout the semester. We will assess your knowledge and understanding of the law of trespass, negligence and workers' compensation, your ability to apply the law to real life problems, your demonstrated preparation, and your communication skills.
Relates to objectives: 1-5
Weight: 10%
Internal or external: Internal
Group or individual: Individual
Due date: Weeks 3 -13

Assessment name: Problem Solving Task
Description: This exercise requires you to submit a written answer to a specified question based on an area of the law of trespass that you have studied by this time. This exercise will assess your understanding of the law of trespass, your problem solving skills and your ability to apply the law to real life problems and to communicate effectively in written form.
Word limit: 1000 words
Relates to objectives: 1 and 3
Weight: 10%
Internal or external: External
Group or individual: Individual
Due date: Week 5

Assessment name: Client Legal Interview
Description: The client legal interview requires you to interview a 'client' (a student from your tutorial) to gather information relevant to the giving of legal advice to the 'client' in a real world context. The interview will not only assess your client interviewing skills, but also your understanding of the law of trespass, your ability to solve tortious problems in a real world scenario and your ability to communicate effectively and appropriately.
Relates to objectives: 1, 3 and 4
Weight: 10%
Internal or external: Both
Group or individual: Individual
Due date: Weeks 6 and 9

Assessment name: Written Memorandum
Description: The memorandum requires you advise a partner of a law firm on the possible actions arising out of a client's written statement and to identify what further legally relevant information is required from the client so that you can give full and proper advice. The written memorandum assesses your knowledge and understanding of legal interviewing, the law of trespass, your ability to solve tortious problems in a real life scenario and your ability to communicate in writing in an appropriate style and level.

Word limit: 1500 words
Relates to objectives: 1, 3 and 4
Weight: 20%
Internal or external: Both
Group or individual: Group
Due date: Week 10

Assessment name: Examination
Description: The examination will be open book. All topics of the unit may be examinable, including client legal interviewing. The exam will assess your understanding of the law of torts in the unit and your problem solving skills.
Relates to objectives: 1-3
Weight: 60%
Internal or external: Both
Group or individual: Individual
Due date: Central Exam Period

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Prescribed Materials
Amanda Stickley, Australian Torts Law (LexisNexis Butterworths, Sydney: 3rd ed, 2013).

Recommended References
R P Balkin and J L R Davis, Law of Torts (LexisNexis Butterworths, Sydney: 4th ed, 2009).
Martin Davies and Ian Malkin, Focus - Torts (LexisNexis Butterworths, Sydney: 6th ed, 2012).
Harold Luntz et al, Torts: Cases and Commentary (LexisNexis Butterworths, Sydney: 7th ed, 2013).
Tim Paine, LexisNexis Questions and Answers - Torts (LexisNexis Butterworths, Sydney: 3rd ed, 2012).

Blackboard site
Online resources for this unit are available on the unit blackboard site.

Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 08-Oct-2012