units

LAW4803

Faculty of Law

18 September 2017 22 November 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

Quota applies

The number of places available in this unit is 30

Offered

Clayton

  • Summer semester A to Semester one 2016 (Day)
  • Trimester 2 2016 (Day)
  • Trimester 3 2016 (Day)

Synopsis

Students will enrol in a legal clinic hosted by an external organisation. Under supervision by qualified lawyers, judge's associates, Tribunal members and/or Judges, students will undertake a range of activities including: legal research and writing; and research on ethical, professional and strategic considerations in the practice and application of the law. Students will develop the capacity to aid in the development of legal solutions to complex problems by synthesising existing legal knowledge, legal research, and technical and practical information. Depending on the particular clinic selected, students will develop proficiencies in a particular area of law or jurisdiction. In some instances students will also acquire a higher level understanding of social justice and access to justice issues, including for vulnerable and marginalised populations. The skills learnt in this unit will be useful for students who wish to practice law, along with students interested in policy, government and social justice career pathways.

Outcomes

Upon completion of this subject students will be able to:

  1. Independently undertake complex legal research and:

  1. Apply such research to legal facts, critically analysing legal principles, statutes, case law and/or other relevant legal documents;
  2. Pro-actively develop solutions to complex legal problems;
  3. Demonstrate a capacity for recognising and appropriately responding to the strategic and ethical implications of different legal approaches; and
  4. Independently assess the effectiveness of the law in action and /or applicable legal remedies in a specialised area of law or jurisdiction;
  5. Articulate inadequacies and gaps in legal practice, with a highly developed capacity to identify and articulate opportunities for legal, policy or other systemic reforms.

  1. Effectively communicate (both orally and in writing) legal advice, information, options for litigious and non-litigious pathways, arguments and strategies with a wide range of audiences involved in the justice system;

  1. Demonstrate practical legal skills including (as appropriate depending on which clinic is undertaken) interviewing, counseling, negotiation, advocacy and drafting;

  1. Demonstrate highly developed skills, technical and practical knowledge about their chosen area of law or jurisdiction to an expert level.

Assessment

Depending on your choice of clinic, the assessment for this unit will be comprised of a minimum of two assessment criteria selected from:

Performance of responsibilities at clinic:30-80%

Research paper:20-70%

Oral presentation:20-60%

As the combination of assessments varies by clinic, the weight of each assessment task will also vary. All assessments will total 100%.

Workload requirements

Minimum total expected workload to achieve the learning outcome for this unit is one 3-hour clinic session per week plus follow up research and casework. In addition to the weekly intake session, students will be required to spend up to 6 hours per week in research, case preparation and consultation with their supervisor. Scheduled activities may include a combination of teacher directed learning, client interviewing and advice sessions, supervision and online engagement.

See also Unit timetable information

Chief examiner(s)

Dr Kate Seear

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015:
LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 OR LAW2101 and LAW2102; LAW2200 OR LAW2201 and LAW2202; LAW3300 orLAW3301 and LAW3302.

For JD students:
The achievement of at least twelve units or 72 credit points towards the Master of Laws (Juris Doctor) to include: LAW5000, LAW5001, LAW5002, LAW5003, LAW5004, LAW5005, LAW5006, LAW5007 or equivalent.

In addition, students intending to undertake any of the following clinics:

+ Sexual Assault Clinic
+ Family Violence Clinic

must have completed LAW4328 (or LAW5216), LAW4330 (or LAW5218) or LAW5050. In other clinics preference for a placement will be given to students who have completed these units.

Please see http://www.monash.edu/law/about-us/legal/cle/undergraduate-units for an application form and more information.