units

LAW4178

Faculty of Law

18 September 2017 21 April 2024

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This unit entry is for students who completed this unit in 2016 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.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

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

Faculty

Law

Offered

Not offered in 2016

Synopsis

This unit will compare the methods used to resolve disputes in the Common Law Legal Family and the Civil Law Legal Family. Through the Comparative method students will ascertain the fundamental elements of each system. The role of the judge at first instance will be critically analysed in both systems. The principles of orality, contestation and adherence to party disposition will be explored. The adversary system will be contrasted with the 'inquisitorial' adversary system. The continuing importance of the common law jury will be tested. Each step of litigation from the commencement through to the final disposition will be considered.

Outcomes

To broaden the perspective of domestic students to a major legal system and its way of resolving disputes; To expose students to the comparative method; To expose students to the court system of a western culture nation of a different legal family and its laws; To cause students to reflect on their system of dispute resolution, its aims and shortcomings.

Assessment

Examination (2 hours writing time plus 30 minutes reading and noting time): 100% OR Examination (1 hour writing time plus 30 minutes reading and noting time)): 50%
Assignment (4000 words): 50%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Prerequisites

LAW1100 or LAW1101 and LAW1102 OR LAW1104; LAW2100 or LAW2101 and LAW2102; LAW2200 or LAW2201 and LAW2202

Co-requisites

LAW5104