Students
LAWS600 – Foundations of Law
2015 – S1 External
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor
George Tomossy
Contact via george.tomossy@mq.edu.au
W3A510
Tues 1-3
Co-Convenor
Carlos Bernal-Pulico
Contact via carlos.bernal-pulido@mq.edu.au
W3A625
Mon 2-4
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| Credit points |
Credit points
4
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| Prerequisites |
Prerequisites
Admission to JD or GradCertLaw or GradDipLaw
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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 well-developed cognitive and practical key legal skills (legal research, reasoning, and writing; applying precedent; statutory interpretation; and legal problem solving) and to acquire an advance level of foundational legal knowledge (Australia legal institutions; legal theory; comparative legal systems; parliamentary process; role of the judiciary) necessary for further graduate 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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Important Academic Dates
Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
Learning Outcomes
On successful completion of this unit, you will be able to:
- Apply principles of academic honesty and rules for correct legal citation (AGLC3)
- Apply principles of statutory interpretation and the doctrine of precedent to interpret primary legal sources (case law and legislation) for the purpose of deriving legal rules and principles
- Analyse factual problem scenarios and prepare a structured response using the HIRAC framework for legal problem solving
- Locate relevant primary and secondary sources through legal research using online databases, library resources and internet sources, and apply research skills to legal problem solving and analysis
- Communicate effectively in written form to both legal and non-legal audiences
- Consider, critique and recommend innovative solutions to contemporary legal problems in their broader social context
- Identify and explain the broader philosophical, ethical and socio-political context of legal issues and problems
- Define, describe and relate sources of legal norms in the Australian legal system (including private and public law, indigenous customary law, international law) and other legal systems in the world
- Apply reflective practice to learning as law students and as future legal professionals
General Assessment Information
Unless otherwise noted or instructed by the Unit Convenor or your tutor, Assessment Tasks are due by 3pm on the Friday of the Week indicated under 'Assessment Tasks' above.
This unit is graded on a Satisfactory (Pass) or Fail basis. Assessment weightings are merely indicative of relative workload.
Each assessment task must be completed at a satisfactory level (in accordance with the rubric or instructions provided for that task) by the end of session to pass this unit.
Students will be afforded an opportunity to resubmit assessment tasks. In the case of online quizzes (Tasks 1 and 5, which are graded automatically), the student has unlimited attempts to achieve the satisfactory level. For Tasks 2, 3, 4, 6, 7 and 8 that are not deemed to be 'satisfactory' by their tutor in accordance with the rubric provided, students will be required to reflect on the feedback provided and re-submit their work, indicating explicitly within their resubmitted work how they have taken the feedback on board. Students may also be directed to undertake supplementary work or access learning supports provided by the University. Students must comply with deadlines for resubmission provided by their tutor. Subject to variation by written agreement with their tutor, students have two weeks from receipt of feedback to review, revise and resubmit their work.
Students who fail to obtain a 'satisfactory' grade on a resubmission of any assessment task will be referred to the unit convenor. The Convenor will, at this point, either:
- direct the tutor to provide a further and final opportunity to resubmit their work (depending on the demonstrated level of engagement of the student with the assessment task, feedback provided by the tutor and likelihood that a further resubmission will result in a successful outcome for the assessment task); or
- enter a 'Fail' grade for the Unit.
Unless a student has been granted a time extension under the University's Disruption to Studies Policy, any outstanding work (including resubmissions) submitted after the commencement of the formal exam period for that semester will be deemed late, will not be graded and will result in a grade of 'Fail' being recorded for the unit.
Assessment Tasks
| Name | Weighting | Due |
|---|---|---|
| Academic Honesty & Referencing | 5% | Week 3 |
| Statutory Interpretation | 10% | Week 3 |
| Case Brief | 10% | Week 4 |
| Research note | 10% | Week 6 |
| Legal Research Quizzes | 15% | Week 7 |
| Hypothetical Problem | 20% | Week 8 |
| Law and Policy Reform Project | 25% | Week 11 |
| Reflective Case Analysis | 5% | Week 13 |
Academic Honesty & Referencing
Due: Week 3
Weighting: 5%
Students will be required to complete two multiple choice quizzes with a score of 100% to demonstrate:
- Understanding and application of principles of academic honesty; and
- Ability to follow the correct rules for citation (AGLC3).
Students may re-attempt these two quizzes an unlimited number of times.
On successful completion you will be able to:
- Apply principles of academic honesty and rules for correct legal citation (AGLC3)
Statutory Interpretation
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
On successful completion you will be able to:
- Apply principles of statutory interpretation and the doctrine of precedent to interpret primary legal sources (case law and legislation) for the purpose of deriving legal rules and principles
- Apply reflective practice to learning as law students and as future legal professionals
Case Brief
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 interpret case law for the purpose of deriving and constructing legal rules and principles
On successful completion you will be able to:
- Apply principles of statutory interpretation and the doctrine of precedent to interpret primary legal sources (case law and legislation) for the purpose of deriving legal rules and principles
- Apply reflective practice to learning as law students and as future legal professionals
Research note
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.
On successful completion you will be able to:
- Locate relevant primary and secondary sources through legal research using online databases, library resources and internet sources, and apply research skills to legal problem solving and analysis
- Communicate effectively in written form to both legal and non-legal audiences
- Apply reflective practice to learning as law students and as future legal professionals
Legal Research Quizzes
Due: Week 7
Weighting: 15%
Students will be required to complete 9 online quizzes with a minimum score of 60% on each in order to satisfy this learning outcome. Students may re-attempt these quizzes an unlimited number of times. The Quiz topics are:
- The Constitution
- Commonwealth Legislation
- NSW Legislation
- Domestic Legislation (outside NSW)
- International Law
- HANSARD
- Law Reform Commissions
- Judicial Commission
- Case Law
These quizzes must each be completed successfully before the student is able to submit Tasks 6 and 7.
On successful completion you will be able to:
- Locate relevant primary and secondary sources through legal research using online databases, library resources and internet sources, and apply research skills to legal problem solving and analysis
Hypothetical Problem
Due: Week 8
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.
On successful completion you will be able to:
- Apply principles of statutory interpretation and the doctrine of precedent to interpret primary legal sources (case law and legislation) for the purpose of deriving legal rules and principles
- Analyse factual problem scenarios and prepare a structured response using the HIRAC framework for legal problem solving
- Locate relevant primary and secondary sources through legal research using online databases, library resources and internet sources, and apply research skills to legal problem solving and analysis
- Communicate effectively in written form to both legal and non-legal audiences
- Apply reflective practice to learning as law students and as future legal professionals
Law and Policy Reform Project
Due: Week 11
Weighting: 25%
Students will prepare a written submission (1,000 – 1,500 words) advocating legal and policy reforms drawn from a list of pre-selected current issues. 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 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.
On successful completion you will be able to:
- Apply principles of statutory interpretation and the doctrine of precedent to interpret primary legal sources (case law and legislation) for the purpose of deriving legal rules and principles
- Locate relevant primary and secondary sources through legal research using online databases, library resources and internet sources, and apply research skills to legal problem solving and analysis
- Communicate effectively in written form to both legal and non-legal audiences
- Consider, critique and recommend innovative solutions to contemporary legal problems in their broader social context
- Identify and explain the broader philosophical, ethical and socio-political context of legal issues and problems
Reflective Case Analysis
Due: Week 13
Weighting: 5%
Students will write a short essay (500-750 words) in which they reflect on their own Law and Policy Reform Project and set out: (1) relate sources of legal norms in the Australian legal system (including private and public law, indigenous customary law, international law) and other legal systems in the world to 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.
On successful completion you will be able to:
- Communicate effectively in written form to both legal and non-legal audiences
- Identify and explain the broader philosophical, ethical and socio-political context of legal issues and problems
- Define, describe and relate sources of legal norms in the Australian legal system (including private and public law, indigenous customary law, international law) and other legal systems in the world
- Apply reflective practice to learning as law students and as future legal professionals
Delivery and Resources
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Required and recommended texts and/or materials |
REQUIRED TEXT:
Catriona Cook et al, Laying Down the Law (LexisNexis, 9th ed, 2015).
FURTHER READING:
Michelle Sanson, Thalia Anthony and David Worswick, Connecting with the Law (Oxford University Press, 3th 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, 2nd ed., 20124).
Additional required and recommended materials will be posted at the website of the Unit.
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Delivery |
This unit is delivered online and can be accessed at: http://ilearn.mq.edu.au/.
Computer and Internet access are required in order to successfully complete this unit. Basic computer skills (e.g., internet browsing) and skills in word processing are also a requirement.
An optional two-day workshop, split across two days during the session, is provided for students in Sydney on the North Ryde Campus. Room locations and dates can be obtained from: http://timetables.mq.edu.au Students are advised to re-check that web site for room changes closer to the date.
Policies and Procedures
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.
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Results
Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.
Student Support
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Student Services and Support
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
Student Enquiries
For all student enquiries, visit Student Connect at ask.mq.edu.au
IT Help
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.
Graduate Capabilities
Creative and Innovative
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:
Learning outcome
- Consider, critique and recommend innovative solutions to contemporary legal problems in their broader social context
Assessment task
- Law and Policy Reform Project
Capable of Professional and Personal Judgement and Initiative
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:
Learning outcomes
- Apply principles of academic honesty and rules for correct legal citation (AGLC3)
- Apply reflective practice to learning as law students and as future legal professionals
Assessment tasks
- Academic Honesty & Referencing
- Reflective Case Analysis
Commitment to Continuous Learning
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:
Learning outcome
- Apply reflective practice to learning as law students and as future legal professionals
Assessment task
- Reflective Case Analysis
Discipline Specific Knowledge and Skills
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:
Learning outcomes
- Apply principles of academic honesty and rules for correct legal citation (AGLC3)
- Apply principles of statutory interpretation and the doctrine of precedent to interpret primary legal sources (case law and legislation) for the purpose of deriving legal rules and principles
- Analyse factual problem scenarios and prepare a structured response using the HIRAC framework for legal problem solving
- Locate relevant primary and secondary sources through legal research using online databases, library resources and internet sources, and apply research skills to legal problem solving and analysis
- Define, describe and relate sources of legal norms in the Australian legal system (including private and public law, indigenous customary law, international law) and other legal systems in the world
Assessment tasks
- Academic Honesty & Referencing
- Statutory Interpretation
- Case Brief
- Legal Research Quizzes
- Hypothetical Problem
- Law and Policy Reform Project
Critical, Analytical and Integrative Thinking
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:
Learning outcomes
- Apply principles of statutory interpretation and the doctrine of precedent to interpret primary legal sources (case law and legislation) for the purpose of deriving legal rules and principles
- Analyse factual problem scenarios and prepare a structured response using the HIRAC framework for legal problem solving
- Consider, critique and recommend innovative solutions to contemporary legal problems in their broader social context
- Identify and explain the broader philosophical, ethical and socio-political context of legal issues and problems
- Define, describe and relate sources of legal norms in the Australian legal system (including private and public law, indigenous customary law, international law) and other legal systems in the world
Assessment tasks
- Statutory Interpretation
- Case Brief
- Research note
- Hypothetical Problem
- Law and Policy Reform Project
Problem Solving and Research Capability
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:
Learning outcomes
- Analyse factual problem scenarios and prepare a structured response using the HIRAC framework for legal problem solving
- Locate relevant primary and secondary sources through legal research using online databases, library resources and internet sources, and apply research skills to legal problem solving and analysis
Assessment tasks
- Legal Research Quizzes
- Hypothetical Problem
- Law and Policy Reform Project
Effective Communication
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:
Learning outcomes
- Communicate effectively in written form to both legal and non-legal audiences
- Consider, critique and recommend innovative solutions to contemporary legal problems in their broader social context
Assessment tasks
- Research note
- Hypothetical Problem
- Law and Policy Reform Project
Engaged and Ethical Local and Global citizens
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:
Learning outcomes
- Apply principles of academic honesty and rules for correct legal citation (AGLC3)
- Identify and explain the broader philosophical, ethical and socio-political context of legal issues and problems
Assessment task
- Law and Policy Reform Project
Socially and Environmentally Active and Responsible
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:
Learning outcome
- Identify and explain the broader philosophical, ethical and socio-political context of legal issues and problems
Assessment task
- Law and Policy Reform Project
Changes since First Published
| Date | Description |
|---|---|
| 20/02/2015 | Graduate Capability mapping to Research Quiz assignment added. |