LAW7212

Australian legal system

Ms Moira Paterson

Intensive - Summer semester - City

Objectives On completion of the course students should have (a) developed an understanding of the legal and political institutions in Australia; (b) developed an understanding of the sources of law in Australia and the interrelationship between case law and statute law; (c) acquired an ability to read and analyse cases and an understanding of the process by which case law evolves; (d) become familiar with significant principles of statutory interpretation and acquired an ability to interpret law and an understanding of the role of judges in interpreting legislation; (e) learned how to search for and locate cases, statutory law and secondary materials in the Law Library; (f) acquired an understanding of the requirements of good legal writing, including basic matters of style.

Synopsis The subject commences with an introduction to Australian legal and political institutions, including the institutions of government and the constitutional framework. Following on from this there is an examination of the sources of law in Australia, including the historical origins of our legal system, common law and equity, legislation and delegated legislation and the contemporary relationship between the courts and Parliament. There is then a segment on legal writing which provides students with an introduction to legal terminology, an overview of the different types of writing required in the Law School and a discussion of the criteria for assessment. Finally, there are substantial segments on case law (including detailed coverage of the mechanics of precedent in the context of a series of product liability cases) and statutory interpretation (including a detailed examination of Part V1 of the Trade Practices Act 1975 (Cth) and of issues about policy-making by legislatures and courts).

Assessment Research paper (5000 words): 50% - Examination: 50%

Texts

To be provided.

Back to the 1999 Law Handbook