Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Carlos Bernal-Pulido
Contact via carlos.bernal-pulido@mq.edu.au
W3A 625
Mon 2-4
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Credit points |
Credit points
3
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Prerequisites |
Prerequisites
(Admission to LLB or BAppFinLLB or BALLB or BA-MediaLLB or BA-PsychLLB or BBALLB or BComLLB or BCom-ProfAccgLLB or BEnvLLB or BITLLB or BIntStudLLB or BPsych(Hons)LLB or BScLLB or BSocScLLB) or (admission to the pre-law pathway)
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
This unit will enable students to attain the key legal skills (legal research, reasoning, and writing; applying precedent; statutory interpretation; and legal problem solving) and to acquire the foundational legal knowledge (Australia legal institutions; legal theory; comparative legal systems; parliamentary process; role of the judiciary) necessary for further study in law. This unit will challenge students to apply their skills and knowledge to examine a contemporary socio-legal issue through a collaborative group project. Students will also engage in reflective practice.
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Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
Name | Weighting | Due |
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Academic Honesty | 10% | Week 3 |
Statutory Interpretation | 10% | Week 3 |
Case Brief | 10% | Week 4 |
Research note | 10% | Week 6 |
Hypothetical Problem | 20% | Week 7 |
Group Project | 20% | Week 7 |
Group Project 2 | 10% | Weeks 8-12 |
Reflective Case Analysis | 10% | Week 13 |
Due: Week 3
Weighting: 10%
Two multiple choice quizzes will require students to demonstrate:
Understanding and application of principles of academic honesty and referencing.
Due: Week 3
Weighting: 10%
This short answer assignment will require students to demonstrate:
understanding of principles of statutory interpretation; and the ability to apply them to interpret legislation for the purpose of deriving and constructing legal rules and principles
Due: Week 4
Weighting: 10%
In this short essay (500 words), students will be required to demonstrate:
· the ability to clearly and concisely summarise a case;
· understanding of the doctrine of precedent; and
the ability to apply them to interpret case law for the purpose of deriving and constructing legal rules and principles
Due: Week 6
Weighting: 10%
Students will prepare a short research note (500 words) on a contemporary legal issue in which they will be required to demonstrate:
· the ability to carry out basic legal research tasks, including finding and analysing relevant primary and secondary sources; and
the ability to communicate effectively in a written form to a non-legal audience.
Due: Week 7
Weighting: 20%
In this essay (1,000 words), students will solve a hypothetical problem in public law. This problem will be the fact scenario for the annual Foundations Public Law Mooting Competition. Students will be required to demonstrate:
· the ability to analyse factual scenarios and identify relevant legal issues;
· the ability to understand and apply basic principles of legal problem solving and reasoning;
· the ability to carry out basic legal research tasks, including finding and analysing relevant primary and secondary sources;
· the ability to communicate effectively in a written form to a legal audience.
Due: Week 7
Weighting: 20%
Using the wiki platform on the unit ilearn web page, students will publish a written submission (1,500 – 2,000 words) for their group project. Students will be required to demonstrate:
· the ability to apply them to interpret primary and secondary sources for the purpose of deriving and constructing legal rules and principles;
· the ability to engage creatively with contemporary legal problems in their social context and to propose innovate solutions;
· the ability to collaborate effectively in a time-sensitive, multi-stage project;
· the ability to communicate effectively in written form with a non-legal audience; and
· the ability to demonstrate their understanding of the broader philosophical, ethical and/or socio-political context of legal issues and problems.
All individual student contributions to the Group Project must be evidenced by meaningful posts recorded on the wiki (including submission of original text, editing, revision and online discussion). Collaboration that occurs outside the wiki online platform will not be credited. Students who demonstrably fail to contribute meaningfully to the group project will receive a grade of ‘unsatisfactory’ for this assessment task and will be precluded from participating in Assessment 6.
Due: Weeks 8-12
Weighting: 10%
Each group will be allocated 10 minutes to present their work, followed by up to 5 minutes for questions and answers in relation to the outcomes of their Group Project (assessment task 5). Students will demonstrate their ability to communicate research outcomes effectively in oral form to both legal (their tutors) and non-legal (their peers) audiences.
Students who failed to contribute meaningfully to Assessment task 5 will be precluded from completing this assessment task.
Note: Distance education students will commence their projects online prior to the residential school dates. They will be provided with an opportunity to meet for one hour at the end of Day 1 to coordinate their ‘work in progress’ presentations, which they will deliver in Day 2.
Due: Week 13
Weighting: 10%
Students will write a short essay (750 words) in which they reflect on their own group project and that of one other groups and set out (1) how the relevant principles of public law would ground a solution for the issues at stake; and (2) how further study in the LLB program would assist them to build their knowledge base and legal skills to provide more rigorous, critical and innovative solutions. Students will be challenged to reflect on the anticipated relevance of each of the other compulsory units in the LLB program and at least four electives of their choice.
Through this assessment task, students will also be required to demonstrate their knowledge of foundational public law concepts covered in the lectures and their capacity to engage in reflective practice.
Required and recommended texts and/or materials |
REQUIRED READING
Michelle Sanson, Thalia Anthony and David Worswick, Connecting with the Law (Oxford University Press, 2nd ed, 2010).
Michelle Sanson, Statutory Interpretation (Oxford University Press, 2012).
Alexander Reilly, Gabrielle Appleby, Laura Grenfell and Wendy Lacey, Australian Public Law (Oxford University Press, 2012).
Additional required and recommended materials will be posted at the website of the Unit.
Unit webpage and technology used and required |
Online units can be accessed at: http://ilearn.mq.edu.au/.
PC and Internet access are required. Basic computer skills (e.g., internet browsing) and skills in word processing are also a requirement.
Please consult teaching staff for any further, more specific requirements.
LAW 115 UNIT SCHEDULE by TOPIC (Combined Law) |
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Week |
Lecture (1 hour) |
Tutorials (1 hour per topic) [internal students] |
1
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L1 – Overview |
T1 – Academic Honesty and Referencing |
2
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L2 - Australian Parliaments, Separation of Powers, Legislative Process and the Executive |
T2 – Statutory Interpretation |
3
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L3 – Judicial Reasoning and The Doctrine of Precedent |
T3 – Briefing a Case |
4
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L4 - The Australian Constitution, Democratic Institutions and the Rule of Law |
T4 – Solving Legal Problems |
5
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L5 – Project Overview |
T5 – Understanding Legal Scholarship and Legal Writing |
6
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L6 – Comparative Legal Systems |
T6 – Group Project (start - finalise groups and brainstorm) |
Mid-Semester Break |
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7 |
L7 - International Law & Human Rights |
T7 - Review of foundational skills |
8
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L8 - Origins of the Australian Legal System and Indigenous Customary Law |
T8 - Group Presentation - Topic 1 |
9 |
L9 - Tribunals |
T9 - Group Presentation - Topic 2 |
10 |
L10 - Australian Courts and Legal Traditions |
T10 - Group Presentation - Topic 3 |
11 |
L11 - Law, Policy and Public Interest |
T11 - Group Presentation - Topic 4 |
12 |
L12 - Ethics, Professional Practice and Alternative Dispute Resolution |
T12 - Group Presentation - Topic 5
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13 |
L13 - Conclusion - The Rest of your Law Degree |
T13 – Reflective practice |
In addition, there will be three workshops (two hours long) in Week 2 (on Legal Research); in Week 5 (on Statutory Interpretation and Case Briefs); and in Week 9 (on solving Hypothetical Problems). Timetable and classroom to be announced.
Indicative Schedule for Distance LL.B Cohort two-day Intensive:
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Day 1 – 22 April 2014 |
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9:00 – 10:00 |
L1 – Welcome and Overview |
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10:00 – 11:00 |
T1 – Academic Honesty and Referencing |
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11:00 – 11:30 |
BREAK |
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11:30 – 12:30 |
Library Workshop |
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12:30 – 13:30 |
LUNCH |
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13:30 – 14:30 |
T2 – Statutory Interpretation |
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14:30 – 15:00 |
BREAK |
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15:00 –16:00 |
T3 – How to Brief a Case |
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16:00 – 17:00 |
T4 – Group Project |
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Day 2 – 23 April 2014 |
9:00 – 10:00 |
T5 – Understanding Legal Scholarship |
10:00 – 11:00 |
T6 – Solving Legal Problems |
11:00 – 11:30 |
BREAK |
11:30 – 12:30 |
T7 – Group Presentations, Topic 1 |
12:30 – 13:00 |
LUNCH |
13:00 – 13:30 |
T8 – Group Presentations, Topic 2 |
13:30 – 14:30 |
T9 – Group Presentations, Topic 3 |
14:30 – 15:00 |
BREAK |
15:00 – 16:30 |
T10/11 – Group Presentations, Topics 4 and 5 |
Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:
Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html
Assessment Policy http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Grievance Management Policy http://mq.edu.au/policy/docs/grievance_management/policy.html
Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
For all student enquiries, visit Student Connect at ask.mq.edu.au
For help with University computer systems and technology, visit http://informatics.mq.edu.au/help/.
When using the University's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students.
We want our graduates to have emotional intelligence and sound interpersonal skills and to demonstrate discernment and common sense in their professional and personal judgement. They will exercise initiative as needed. They will be capable of risk assessment, and be able to handle ambiguity and complexity, enabling them to be adaptable in diverse and changing environments.
This graduate capability is supported by:
Our graduates will have enquiring minds and a literate curiosity which will lead them to pursue knowledge for its own sake. They will continue to pursue learning in their careers and as they participate in the world. They will be capable of reflecting on their experiences and relationships with others and the environment, learning from them, and growing - personally, professionally and socially.
This graduate capability is supported by:
Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.
This graduate capability is supported by:
We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.
This graduate capability is supported by:
Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.
This graduate capability is supported by:
Our graduates will also be capable of creative thinking and of creating knowledge. They will be imaginative and open to experience and capable of innovation at work and in the community. We want them to be engaged in applying their critical, creative thinking.
This graduate capability is supported by:
We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.
This graduate capability is supported by:
As local citizens our graduates will be aware of indigenous perspectives and of the nation's historical context. They will be engaged with the challenges of contemporary society and with knowledge and ideas. We want our graduates to have respect for diversity, to be open-minded, sensitive to others and inclusive, and to be open to other cultures and perspectives: they should have a level of cultural literacy. Our graduates should be aware of disadvantage and social justice, and be willing to participate to help create a wiser and better society.
This graduate capability is supported by:
We want our graduates to be aware of and have respect for self and others; to be able to work with others as a leader and a team player; to have a sense of connectedness with others and country; and to have a sense of mutual obligation. Our graduates should be informed and active participants in moving society towards sustainability.
This graduate capability is supported by:
Date | Description |
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02/03/2014 | Description and graduate capability mapping of Task 1 (Academic Honesty & Referencing) adjusted to reflect need for students to complete both quizzes and map to discipline-specific knowledge. |