Monash University Handbook 2010 Postgraduate - Course

This course is a first degree in law for graduates of disciplines other than law, or those with a law degree from a non common law jurisdiction, who wish to gain admission as a practising lawyer in Victoria.* The course focuses on the knowledge, legal skills and professional ethics that may be expected of legal practitioners.

* Note: The JD is not a professional doctorate and therefore graduates are not permitted to refer to themselves as 'Doctor'. The appropriate designation is eg 'Jane Smith, LLM(Juris Doctor)'.

Graduates of the Master of Laws (Juris Doctor) will:

• have an understanding of basic legal concepts and institutions and of the historical, social, political and economic factors influencing the development of legal concepts and legal institutions
• be able to identify, use and evaluate the concepts, principles and rules used in legal arguments and the methods by which they are derived and modified
• have acquired some familiarity with theories about the nature of law, the systemisation of legal rules and the relationship between law and other social institutions
• have developed skills of legal research and analysis and oral and written communication
• have analysed the law critically and taken an interest in the development of legal and social policy
• have developed an understanding of concepts of justice, a concern to promote justice and an appreciation of their professional responsibilities
• have acquired the basic knowledge and skills necessary for employment in the legal profession, law reform agencies, government service or other relevant areas of employment
• have enhanced thinking, reasoning and expressive abilities within legal and related contexts
• have developed Monash graduate attributes
• have developed an understanding of advanced skills in research analysis and the written or oral communication of complex ideas
• have developed and demonstrated a knowledge of law and the theoretical and policy framework within which the law operates
• understand their ethical responsibilities and those which may affect their clients.

48 credit points

Admission to practice: disciplinary reports

Warning to students of consequences of cheating or general misconduct

Students should note that a domestic applicant applying for admission to practise law in Victoria is required by the Admission Rules 2008 to provide to the Board of Examiners:

(1.) a report from the university disclosing any disciplinary action taken against the student during the course (including any finding under the University Discipline Statute that the student has cheated in an assessment)

(2.) an affidavit stating that the applicant has made full written disclosure of "every matter which a reasonable applicant would consider that the Board of Examiners might regard as not being favourable to the applicant". This may include an incident of academic or general misconduct, even if it did not lead to disciplinary action.

The Board of Examiners will consider these matters in assessing whether the applicant is a 'fit and proper person to be admitted to the legal profession'.

Students who complete the Master of Laws (Juris Doctor) must, in order to gain admission to practice as a lawyer in Victoria, complete either one year of supervised workplace training or a practical legal training course.

Students complete 16 compulsory and eight elective* units, each worth 6 points. No more than 18 points of study may be taken in skills units from an approved list.

* Students granted credit for prior studies can only receive credit for one elective unit.

Core units

• LAW7079 Legal research and problem solving
• LAW7212 Australian legal system
• LAW7264 Principles of criminal law and procedure
• LAW7266 Principles of torts
• LAW7267 Principles of property law
• LAW7268 Principles of constitutional law
• LAW7269 Principles of equity
• LAW7270 Advanced property law
• LAW7271 Principles of trusts
• LAW7272 Principles of civil procedure
• LAW7273 Principles of evidence
• LAW7274 Principles of administrative law
• LAW7275 Principles of corporations law
• LAW7277 Advanced corporations law
• LAW7428 Principles of contract A
• LAW7429 Principles of contract B

Elective units

Eight elective units may be chosen from the following lists, or from the list of units offered in the Master of Laws program as outlined at http://www.law.monash.edu.au/postgraduate/units-overview.html. No more that 18 points can be taken from the list of skills units.

• LAW7331 Lawyers' responsibilities*
• LAW7421 Overseas study and research A
• LAW7422 Overseas study and research B
• LAW7423 Professional practice (jd) (12 credit points)

* Required elective for students wishing to practise as a lawyer in Victoria.

Skills units

• LAW7071 Commercial alternative dispute resolution
• LAW7251 Negotiation and mediation skills
• LAW7303 Advocacy: Theory and practice
• LAW7312 Advanced negotiation and mediation skills
• LAW7423 Professional practice (jd) (12 credit points)

Master of Laws (Juris Doctor)