Students

LAWS8001 – Foundations of Law

2021 – Session 1, Infrequent attendance, North Ryde

Notice

As part of Phase 3 of our return to campus plan, most units will now run tutorials, seminars and other small group activities on campus, and most will keep an online version available to those students unable to return or those who choose to continue their studies online.

To check the availability of face-to-face and online activities for your unit, please go to timetable viewer. To check detailed information on unit assessments visit your unit's iLearn space or consult your unit convenor.

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Convenor
Zara Bending
Credit points Credit points
10
Prerequisites Prerequisites
Admission to GradCertLaw or JD
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description

This unit is offered on a pass/fail basis. This unit enables students to attain well-developed cognitive and practical key legal skills (legal reasoning, case analysis and statutory interpretation) and to acquire an advanced level of foundational legal knowledge (Australian legal institutions; legal theory; comparative legal systems; parliamentary process; role of the judiciary) necessary for further graduate study in law. Students will also engage in reflective practice.

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:

  • ULO1: Recognise, comprehend and apply conventions for legal writing and referencing
  • ULO2: Locate relevant primary and secondary sources through legal research using online databases, library resources and internet sources, and apply research skills to legal analysis.
  • ULO3: Apply principles of statutory interpretation and the doctrine of precedent to interpret and relate primary legal sources (case law and legislation) for the purpose of deriving legal rules and principles.
  • ULO4: Apply principles of reflective practice.
  • ULO5: Identify, describe and relate sources of legal norms and foundational elements of the Australian legal system.

General Assessment Information

Further instructions for each assessment task are available on the unit's iLearn page.

Students are also advised that:

  1. All assessment tasks are due by 10:00 am on the dates indicated for each assessment task.
  2. All assessment tasks are due by the first date as noted. The second 'Hurdle' due date corresponds to the deadline for supplementary work that may need to be completed in order to satisfy the learning outcomes associated with each assessment task.
  3. All assessment tasks in this unit are 'hurdle requirements' and must be completed at a Satisfactory level (to the standard prescribed for each assessment task) in order to pass this unit.
  4. In cases where students fail to complete one assessment task at a Satisfactory level (provided that they have made genuine attempts at both initial and supplementary work on that task), the Convenor may provide one further opportunity to reattempt the task or carry out supplementary work in order to achieve the required learning outcome(s). The Convenor will base this decision on a review of the student's work across the unit in consultation with the student's tutor(s) and/or marker(s).
  5. The Faculty of Arts Late Submission Policy requires that: “Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline. No late submissions will be accepted for timed assessments – e.g. quizzes, online tests.” Please note that this rule applies to the due date of applicable assessment tasks in this unit; the rule does not apply to a subsequent deadline prescribed for an assessment task for the purpose of completing supplementary work or re-attempts of online quizzes in order to satisfy hurdle requirements.
  6. This unit is ungraded and will not count towards a student's LAWS WAM (Weighted Average Mark in LAWS units). Students will be awarded 'Satisfactory' or 'Fail' at the end of the unit.

Assessment Tasks

Name Weighting Hurdle Due
Academic Integrity and Referencing Quiz 10% Yes 8/3/21 (hurdle 15/3/21)
Core Skills Assessment 40% Yes 5/4/21 (hurdle 17/5/21)
Reflection on Law 20% Yes 3/5/21 (hurdle 14/6/21)
Foundations of Law Quiz 10% Yes 7/6/21 (hurdle 21/6/21)
Foundations of Law Viva 20% Yes 18/6/21 (hurdle 25/6/21)

Academic Integrity and Referencing Quiz

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 5 hours
Due: 8/3/21 (hurdle 15/3/21)
Weighting: 10%
This is a hurdle assessment task (see assessment policy for more information on hurdle assessment tasks)

 

Consists of two online multiple choice quizzes in which students will demonstrate their ability to apply principles of academic integrity and rules for correct legal citation.

 


On successful completion you will be able to:
  • Recognise, comprehend and apply conventions for legal writing and referencing

Core Skills Assessment

Assessment Type 1: Case study/analysis
Indicative Time on Task 2: 25 hours
Due: 5/4/21 (hurdle 17/5/21)
Weighting: 40%
This is a hurdle assessment task (see assessment policy for more information on hurdle assessment tasks)

 

Consists of a short assignment (max 2,500 words, excluding footnotes) submitted online in which students will analyse and interpret primary legal sources (case law and legislation) and relate these to foundational concepts.

 


On successful completion you will be able to:
  • Recognise, comprehend and apply conventions for legal writing and referencing
  • Locate relevant primary and secondary sources through legal research using online databases, library resources and internet sources, and apply research skills to legal analysis.
  • Apply principles of statutory interpretation and the doctrine of precedent to interpret and relate primary legal sources (case law and legislation) for the purpose of deriving legal rules and principles.

Reflection on Law

Assessment Type 1: Reflective Writing
Indicative Time on Task 2: 14 hours
Due: 3/5/21 (hurdle 14/6/21)
Weighting: 20%
This is a hurdle assessment task (see assessment policy for more information on hurdle assessment tasks)

 

Consists of a written reflection (max. 1,500 words) in which students analyse a media article concerning the effectiveness of Australian legal frameworks in addressing a contemporary legal issue.

 


On successful completion you will be able to:
  • Apply principles of reflective practice.

Foundations of Law Quiz

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 10 hours
Due: 7/6/21 (hurdle 21/6/21)
Weighting: 10%
This is a hurdle assessment task (see assessment policy for more information on hurdle assessment tasks)

 

Students must complete a timed online quiz to demonstrate understanding of foundational aspects of Australian law, including core concepts in public law.

 


On successful completion you will be able to:
  • Identify, describe and relate sources of legal norms and foundational elements of the Australian legal system.

Foundations of Law Viva

Assessment Type 1: Viva/oral examination
Indicative Time on Task 2: 14 hours
Due: 18/6/21 (hurdle 25/6/21)
Weighting: 20%
This is a hurdle assessment task (see assessment policy for more information on hurdle assessment tasks)

 

Student understanding of fundamental principles of Australian law will be evaluated through a 15-minute oral assessment (in person or remotely).

 


On successful completion you will be able to:
  • Identify, describe and relate sources of legal norms and foundational elements of the Australian legal system.

1 If you need help with your assignment, please contact:

  • the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
  • the Writing Centre for academic skills support.

2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation

Delivery and Resources

All Lectures for this unit are pre-recorded and can be accessed via the unit iLearn page at http://ilearn.mq.edu.au 

On campus students have weekly 1-hour face-to-face tutorials commencing in Week 1 and concluding in Week 12. Students should consult the official Timetable for class times, dates and locations at: http://timetables.mq.edu.au 

Online students will have access to seminars conducted via Zoom. Timing will be advised via the unit iLearn page. 

All students will have access to lectures, learning activities and resources via the unit iLearn page to work through on a week-to-week basis.  

Required Textbook:

R. Creyke et al., Laying Down the Law (LexisNexis, 10th ed, 2017).

Additional required and recommended reading materials will be posted at the unit’s iLearn page.

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.

Unit Schedule

Topic #

Topics Covered

1

Foundations of Australian Law; Legal Traditions; Classifications of Law; Equity and the Common Law

2

Australian Legal History and Constitution; Separation of Powers

3

Statutory Interpretation; The Legislature and Executive Branches of Government

4

Case Law and the Doctrine of Precedent; The Judiciary

5

Case Law and Judicial Reasoning; Analysing Cases; Legal Writing

6

Legal Problem Solving

7

Constitutionalism and Democratic Institutions; Law Reform; Tribunals and Popular Justice

8

The Rule of Law; Australian Human Rights Law

9

Indigenous and Customary Law in Australia

10

Statutory Obligations and Discretion; International Law in Australia

11

Applying Skills to Solving Complex Legal Problems

12 Advocacy

Further details can be found on the unit’s iLearn page.

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:

Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.

To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/student-conduct

Results

Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) 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 or if you are a Global MBA student contact globalmba.support@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 help you improve your marks and take control of your study.

The Library provides online and face to face support to help you find and use relevant information resources. 

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

If you are a Global MBA student contact globalmba.support@mq.edu.au

IT Help

For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/

When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.

Changes from Previous Offering

The Legal Research Quizzes no longer constitute a formal assessment item; these remain available as self-study resources. Further clarifications were also made to set out the viva assessment task. 


Unit information based on version 2021.03 of the Handbook