LAW1101

Introduction to legal reasoning ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader:

Offered:
Clayton First semester 2005 (Day)
Clayton Second semester 2005 (Day)

Synopsis: The unit begins by examining the foundation and structure of the institutions and processes of the Australian legal system. This introduces the sources of authoritative law - statutes, delegated legislation and judicial precedents. A substantial portion of the study of the Australian legal system will examine how judges use precedents and interpret legislation. We will use a series of cases from a selected area of law to study how the content of common law changes within the constraints of the doctrine and practice of precedent. Students will assess the influence of social change in the development of the common law.

Objectives: At the conclusion of the course, students should be able to: (i) explain how the institutions of the Australian legal system shape the content and administration of the law; (ii) extract and formulate legal propositions from judicial decisions, and assess their scope, legal validity and weight; (iii) identify and articulate the legal issues raised by a given fact situation; (iv) locate efficiently the current law on a legal issue using library resources; (v) interpret, analyse, synthesise and apply the law when located, to solve a legal problem; and (vi) make a legal argument, or provide an opinion, and to do so clearly, accurately and concisely.

Assessment: Written exercise using legal reasoning skills (1250 words): 15% + Report on observation of a court or tribunal (1250 words): 15% + Examination (2 hours writing time plus 30 minutes reading and noting time):70%

Contact Hours: Class contact 3 hours

Prohibitions: LAW7212 Australian Legal System, LAW1100 Legal Process