units

LAW1101

Faculty of Law

Monash University

Undergraduate - Unit

This unit entry is for students who completed this unit in 2012 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

print version

6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered, or view unit timetables.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2012 (Day)
Clayton Second semester 2012 (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.

Outcomes

At the conclusion of the course, students should be able to:

  1. explain how the institutions of the Australian legal system shape the content and administration of the law;
  2. extract and formulate legal propositions from judicial decisions, and assess their scope, legal validity and weight;
  3. identify and articulate the legal issues raised by a given fact situation;
  4. locate efficiently the current law on a legal issue using library resources;
  5. interpret, analyse, synthesise and apply the law when located, to solve a legal problem; and
  6. make a legal argument, or provide an opinion, and to do so clearly, accurately and concisely.

Assessment

Legal reasoning skills task (equivalent to 1000 words, 1 hour): 20%; report on observation of courts, tribunals or community legal service (2000 words): 40%; and examination (2 hours writing time plus 30 minutes reading and noting time): 40%

Chief examiner(s)

Mr Ross Hyams (First Semester)
Associate professor Moira Paterson (Second Semester)

Contact hours

Four hours of lectures per week

Prohibitions

LAW7212, LAW1100