Units
Australian Common Law System
Unit code: LWN162
Contact hours: 3 hours per week
Credit points: 12
Information about fees and unit costs
This unit is designed for international students from civil law countries and other non- common law jurisdictions or jurisdictions where English is not the first language and Australian graduates in disciplines other than law. This unit will provide these students with a solid foundation in the common law system with particular emphasis on the Australian legal and constitutional framework so that they will be much better equipped to complete other units in LW51 Master of Laws or LW60 Graduate Certificate in Law.
Availability
| Semester | Available |
|---|---|
| 2013 Semester 1 | Yes |
| 2013 Semester 2 | Yes |
Sample subject outline - Semester 1 2013
Note: Subject outlines often change before the semester begins. Below is a sample outline.
Rationale
This unit is designed for international students from civil law countries and other non- common law jurisdictions or jurisdictions where English is not the first language and Australian graduates in disciplines other than law. This unit will provide these students with a solid foundation in the common law system with particular emphasis on the Australian legal and constitutional framework so that they will be much better equipped to complete other units in the Master of Laws (LW51) or the Graduate Certificate in Law (LW60).
Aims
The primary aim of this unit is to examine the development and application of the common law system, with particular emphasis on the Australian legal and constitutional framework and to provide a broad comparison with other legal systems, such as the civil law system.
Objectives
At the conclusion of the study of this unit you will be able to:
1. Explain the historical development of the common law system and the Australian legal and constitutional framework;
2. Examine how the main principles of the common law system operate in the contemporary context and in comparison with other legal systems;
3. Discuss these issues and communicate complex ideas and concepts to an audience;
4. Critically analyse and evaluate historical or contemporary issues concerning the development or operation of the common law system; and
5. Plan and execute a research-based assignment on one or more of the areas of the historical development of, or the operation of or contemporary issues in the common law system, including where appropriate comparison with other legal systems.
Content
(a) Introduction, including an introduction to Law Library resources.
(b) The History of the development of the common law system - The English Legacy
(c) A comparison with other systems, particularly the civil law system
(d) The Australian constitutional and legal framework
(e) The separation of powers and the importance of the rule of law.
(f) The Court structure.
(g) The role of case law and the doctrine of precedent.
(h) The role of statutory law and principles of statutory interpretation.
(i) The development and main features of equity law.
(j) The development and main features of contract law.
(k) The development and main features of tort law.
(l) Forms of business organization
Approaches to Teaching and Learning
This unit will be taught in internal mode consisting of at least 30 hours of classes delivered over the course of the semester. The schedule of classes is available in this study guide. Some of the classes may include attendance at designated lectures delivered in undergraduate Bachelor of Laws units. You are expected to do your own preparation for classes in addition to the class contact times, including where appropriate independent research. Classes will consist of a combination of lectures, tutorials and workshops. Tutorials will include introductory remarks by the lecturer, followed by interactive class discussion based on material set for reading and where appropriate case studies and problem questions. You will be expected to have some familiarity with the material as set out in the readings and be capable of conducting meaningful dialogue with the lecturers and fellow students. You will be given an opportunity to read materials set prior to commencement of the teaching period. You will also have the opportunity to consult lecturers on an informal basis about any aspect of the unit at specified times during the semester and prior to the exam. The classes will include a 2 to 4 hour workshop held in the law library to assist you to learn how to locate and use law library resources. The workshop will be conducted by the Law Librarian or a member of her staff. Attendance at this workshop is compulsory.
Assessment
Assessment in this unit is both formative and summative.You will receive formative feedback in tutorials through the lecturer's responses, discussions and comments regarding your preparatory work and contributions for each session. You should use this feedback to improve your performance.
You will also receive formative feedback through the group discussions.
You will also receive feedback on the library exercise, and on your research methodology for your research assignment.
Assessment name:
Discussion Forum
Description:
Contribution to class discussion
The mark for class participation includes consideration of:-
(a) your preparation for classes, including independent research where this is required;
(b) your ability to actively listen to others,
(c) the quality of your contributions to the discussions, including your ability to articulate complex ideas clearly and simply; and
(d) your ability to respond to questions in an appropriate way.
Relates to objectives:
1-3.
Weight:
10%
Internal or external:
Internal
Group or individual:
Individual
Due date:
Throughout Semester
Assessment name:
Library Exercise
Description:
Finding cases and legislation from citation exercise
Weight is 0%, but must be completed to a 75% standard to obtain a pass grade or better in this unit.
Relates to objectives:
(5)
Internal or external:
Internal
Group or individual:
Individual
Due date:
Week 4
Assessment name:
Research Assignment
Description:
3,000-4,000 word assignment on a research topic allocated by the lecturer.
You are required to submit a research methodology for the research assignment in the format prescribed in the study guide by the end of week 5.
The research assignment is an extended written work on the allocated topic, taking into account the feedback provided to you in relation to the methodology. Unless otherwise directed by the lecturer, you must identify and analyse the major legal issues on the topic and you must critically assess the current situation, considering the legal and other social forces that have motivated the current position.
Your research assignment must not merely be a descriptive treatment of the topic. You should then convey the results of your investigation in clear writing, observing legal citation standards and the rules of good English. This assignment will be assessed upon the following criteria:
a) depth of critical analysis revealed;
b) relevance of issues raised in the written assignment to the topic;
c) originality of approach to subject matter;
d) use of correct spelling and syntax;
e) clarity and conciseness of expression;
f) whether the research assignment is of publishable standard in learned or professional journal, including observing legal citation standards;
g) degree of use of proper presentation techniques eg paragraphing, headings, subheadings, footnotes.
Relates to objectives:
1, 2, 4, and 5
Weight:
40%
Internal or external:
Internal
Group or individual:
Individual
Due date:
Week 10
Assessment name:
Take Home Examination
Description:
The examination may consist of a combination of essay, problem-based and short answer questions. The problem questions will require you to analyse a factual situation, extract the relevant legal issues, state and explain the relevant law and authority, argue the application of that law to the facts and to reach a conclusion.
Word limit: 3000 words
Relates to objectives:
This assessment is linked to objectives 1,2, 4 and 5.
Weight:
50%
Internal or external:
Internal
Group or individual:
Individual
Due date:
End of Semester
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
The primary resource material for this unit is contained in the study guide which will be provided to you at your first seminar session.
Prescribed Text:
J Pyke and A MacAdam (eds), Legal Institutions and Method, QUT, (4th ed, 2010) which contains extracts from the following books:
(These extracts are sufficient for this course and there is no need to purchase these books if you have a copy of the prescribed text).
Recommended References: (You do not need to purchase these books. They are usually available in the library).
C Cook, R Creyke, R Geddes and D Hamer, Laying Down the Law, Lexisnexis Butterworths (7th ed, 2009)
Heilbronn, Latimer, Nielson and Pagone, Introducing the Law, CCH (7th ed, 2008)
DC Pearce and RS Geddes, Statutory Interpretation in Australia, Lexisnexis Butterworths (6th ed, 2006)
K Laster, Law as Culture, Federation Press (2nd ed, 2001)
R Macdonald and D Clarke-Dickson, Clear and Precise - Writing Skills for Today's Lawyer, Thomson Custom Publishing (2nd ed, 2005)
M Meehan and G Tullock, Grammar for LawyersButterworth Guides (2nd ed, 2007)
F McGlone and A Stickley, Australian Torts Law, Lexisnexis Butterworths (2nd ed, 2009)
Willmott L, Christensen S, Butler D, Contract Law, OUP, South Melbourne (3rd ed, 2009)
S Chesterman and C Rhoden, Studying Law at University: Everything You Need to Know, Alllen and Unwin (2nd, 2005)
O'Neil, Rice and Douglas, Retreat from Injustice, Human Rights Law in Australia , Federation Press (2nd ed, 2004)
Butterworths Concise Australian Legal Dictionary (4th ed, 2011)
Citation Guide:
The QUT Legal Citation Guide is to be used in assignments. It is accessible through http://www.student.qut.edu.au/about/faculties-institutes-and-divisions/faculties/law/publications/_nocache
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: 11-Mar-2013
