Units

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Sample subject outline - Semester 2 2012

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

Rationale

Drafting is a skill that all legal practitioners, whether they are in private practice, in the public or private sector, or at the Bar, use on a day-to-day basis. It is also a skill that legal practitioners often fail to do well. The rationale for the study of drafting and acquisition of practical drafting skills lies in this fact of daily use. Unless the practitioner fully understands the legal implications of what is being drafted, he or she is not properly servicing the needs of the client.

Enrolment in this unit will be capped. Students must apply for a place in the unit.

Aims

Drafting of legal documents, and the writing of letters and advices are very much communication skills. The aim of this unit is to provide you with a range of drafting skills that enable you to prepare a variety of basic legal documents in plain English that are comprehensive, clear and effective.

Objectives

At the completion of this unit you should be able to:-
1. write in clear, punctuated and grammatically correct English; (GC3)
2. apply key principles of legal interpretation to legal drafting; (GC1, GC3)
3. apply the principles of plain language to drafting legal documents; (GC1, GC3)
4. apply the legal rules relevant to particular classes of legal documents which must be must complied with in order for documents to be effective; and (GC1, GC2, GC3)
5. draft comprehensive, clear and effective specialised legal documents; (GC3)
6. reflect on your own performance and capabilities and assume responsibility for your own learning (GC4).

Graduate Capabilities
Your understanding of the unit content and the further development of these skills will assist you to acquire the following law graduate capabilities:
1. Discipline Knowledge;
2. Problem Solving, Reasoning and Research;
3. Effective Communication;
4. Life Long Learning.

Content

The first part of the unit concentrates on general principles of plain English drafting; the remainder looks at applying those principles to specific types of legal documents.

Topics
1. General principles of plain English
2. Letters and advice writing
3. Drafting legal documents

Approaches to Teaching and Learning

Workshops
There will be 2 hour workshops during weeks 1 - 13. Workshops will be a combination of ¿lecture¿ style presentation and small group and individual activities. Because of the nature of the unit, in that it builds on substantive law assessed in previous units, the workshop may contain 'refresher' quizzes. Workshop may also include short tests of knowledge gleaned from preparatory reading and substantive drafting tasks.

The instruction is designed to allow considerable interaction; between you and the unit coordinator and you and other students.. To maximise the benefit of this interaction, it is important that you prepare for each workshop. This preparation will entail, as a minimum, reading the relevant study guide chapter and attempting the exercises from the study guide.

Study Guide
The Study Guide for the unit provides an outline of relevant content, prescribed readings and workshop exercises for each week of semester.

Online Materials
Online learning and teaching resources which provide feedback on student learning are available via the Blackboard site for this unit.

Assessment

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

Summative assessment will be based on your discussion and activities during workshops and two formal written drafting exercises.Feedback on the development of your drafting skills is provided in the following ways:

• Lecturer and peer feedback during the face-to-face workshop (including quizzes, in-class competitions, drafting tasks and exercise;


• The individual written feedback on your drafting exercise;


• The generic feedback on the written assessment items placed on the unit's Blackboard site;


• The option of private consultation with a member of the teaching team during student consultation;


• Examples of completed drafting exercises will be available in the workshops and on the unit Blackboard site. The text book also gives drafting examples.

Assessment name: Discussion & Activities
Description: You will be assessed on your preparation for, participation in and contribution to discussions, analysis, and skills exercises in workshops throughout the semester. We will assess your knowledge and understanding of drafting principles, your ability to apply the principles to drafting exercises and your demonstrated preparation.
Relates to objectives: 1-5
Weight: 20%
Internal or external: Internal
Group or individual: Individual
Due date: Throughout semester

Assessment name: Drafting Exercise 1
Description: The drafting exercise will require you to demonstrate your understanding of plain language principles and practical drafting skills by redrafting a legal text to make it clearer and more easily understood but still effective.
Word limit: 1500
Relates to objectives: 1-3
Weight: 30%
Internal or external: Internal
Group or individual: Individual
Due date: Week 5

Assessment name: Drafting Exercise 2
Description: The drafting exercise will require you to demonstrate your practical drafting skills by drafting a specialised legal document based on a given set of facts and to reflect on the development of your drafting skills during the semester, particularly in response to the feedback received on your first drafting exercise.
Word limit: 3000 words
Due Date: Week before end of semester examination period commences.
Relates to objectives: 1-6
Weight: 50%
Internal or external: Internal
Group or individual: Individual
Due date: See Description

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 text

Drafting Ros Macdonald and Denise McGill 2nd ed Lexis Nexis Sydney 2008

Useful articles are available on the CMD.

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: 14-May-2012