Postgraduate - CourseMaster of Laws (Juris Doctor)

This is a professional entry masters degree which satisfies the academic requirements for admission to practice as an Australian lawyer. It is also a preparation for diverse careers in and beyond the law, and offers a pathway to doctoral studies. The course provides advanced and integrated knowledge of the principal areas of legal practice, legal concepts and broader perspectives about the law. It develops advanced professional skills in problem-solving, critical thinking, research, communication, collaboration, self-management, ethical awareness and professional judgment. The skills and knowledge learned in the course are applied in a later year professional project. The elective component gives flexibility to choose from a wide range of specialist units, to study overseas, and to undertake clinical learning.

These course outcomes are aligned with the Australian Qualifications Framework level 9, the Bologna Cycle 2 and Monash Graduate AttributesAustralian Qualifications Framework level 9, the Bologna Cycle 2 and Monash Graduate Attributes (http://www.monash.edu.au/pubs/handbooks/alignmentofoutcomes.html).

(1.) Graduates will demonstrate an advanced and integrated understanding of a complex body of knowledge that includes:

• the fundamental areas of legal knowledge, the Australian legal system, and underlying principles and concepts, including international and comparative contexts
• the broader contexts within which legal issues arise
• the principles and values of justice and of ethical practice in lawyers' roles
• contemporary developments in law, and its professional practice.

(2.) Graduates will have:

• an advanced and integrated understanding of approaches to ethical decision-making
• an ability to recognise and reflect upon, and a developing ability to respond to, ethical issues likely to arise in professional contexts
• an ability to recognise and reflect upon the professional responsibilities of lawyers in promoting justice and in service to the community
• a developing ability to exercise professional judgement.

(3.) Graduates will:

• identify and articulate complex legal issues
• apply legal reasoning and research to generate appropriate jurisprudential and practical responses to legal issues
• engage in critical analysis and make reasoned and appropriate choices amongst alternatives
• demonstrate sophisticated cognitive and creative skills in approaching legal issues and generating appropriate responses and developing new understandings.

(4.) Graduates will demonstrate the intellectual and practical skills needed to:

• justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions
• identify, research, evaluate and synthesise relevant factual, legal and policy issues.

(5.) Graduates will:

• communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences
• collaborate effectively.

(6.) Graduates will:

• learn and work with a high level of autonomy, accountability and professionalism
• reflect on and assess their own capabilities and performance
• make use of feedback to support personal and professional development.

Students may be eligible for credit or exemptions to a maximum of 48 points for previous studies in law at an equivalent level.

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:

• 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)
• 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".

The course consists of 16 compulsory units (96 credit points) plus eight elective units (48 points), of which at least one elective must be a commercial law elective, and one must be a professional project elective to demonstrate the application of skills and knowledge.

Core units

• LAW5000 Australian legal reasoning and methods
• LAW5001 Principles of criminal law and procedure
• LAW5002 Principles of contract Law A
• LAW5003 Principles of torts
• LAW5004 Principles of public law and statutory interpretation
• LAW5005 Principles of contract law B
• LAW5006 Principles of property law
• LAW5007 Principles of constitutional law
• LAW5008 Principles of equity
• LAW5009 Advanced property law
• LAW5010 Principles of trusts
• LAW5011 Principles of company law
• LAW5012 Principles of evidence
• LAW5013 Principles of litigation and dispute resolution
• LAW5014 Principles of administrative law
• LAW5015 Ethics in legal practice

Elective units

Students must complete 48 credit points of masters-level elective unitsmasters-level elective units (http://www.law.monash.edu.au/future-students/postgraduate/units-overview.html), including at least one commercial law elective and at least one professional project elective from the units listed below or as approved by the faculty.

Commercial law electives

• LAW5350 Principles of taxation
• LAW5340 Intellectual property
• LAW5312 Competition law

Professional project electives

• LAW5052 Professional project
• LAW5051 Research practicum
• LAW5050 Professional practice (JD) (12 points)
• LAW5355 Advocacy theory and practice
• LAW5082 Masters research
• LAW5083 Minor thesis (12 points)

• Law

Eligible students who have completed the Master of Laws (Juris Doctor) have the opportunity of undertaking a Master of Laws (LLM) degree within 10 years of completion of the JD, with up to 24 points of credit counted towards the LLM.

Students may exit with a Graduate Diploma in Law providing all requirements for that award have been met.

Master of Laws (Juris Doctor)