units

LAW5413

Faculty of Law

18 September 2017 22 December 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

Postgraduate - Unit

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

Faculty

Law

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Offered

Not offered in 2016

Synopsis

Students will study the following topics:

  1. Australian legal and political institutions, including the institutions of government , the constitutional framework and division of powers
  2. Sources of law in Australia, including the historical origins of our legal system, common law and equity, legislation and delegated legislation and the contemporary relationship between the courts and Parliament.
  3. Legal writing including an introduction to legal terminology, an overview of the different types of writing required in the Law School and a discussion of the criteria for assessment.
  4. Case law and the doctrine of precedent.
  5. Statutory interpretation.
  6. Professional conduct for Trade Marks and Patent Attorneys, including such issues as registration, professional liability and negligence issues, conflicts of interest, privilege, confidentiality, maintenance of rights and monitoring systems, fiduciary obligations to clients, and the Institute of Patent and Trade Mark Attorneys Code of Conduct.

Outcomes

On completion of the course students should have:

  1. met the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Legal Process and Overview of Intellectual Property (topic group A, part 1) and Professional Conduct (topic group B)
  2. acquired a thorough understanding of the rights, privileges and responsibilities of trade marks and patent attorneys
  3. developed an understanding of the legal and political institutions in Australia
  4. developed an understanding of the sources of law in Australia and the interrelationship between case law and statute law
  5. acquired an ability to read and analyse cases and an understanding of the process by which case law evolves
  6. become familiar with significant principles of statutory interpretation and acquired an ability to interpret law and an understanding of the role of judges in interpreting legislation
  7. learned how to search for and locate cases, statutory law and secondary materials in the Law Library
  8. acquired an understanding of the requirements of good legal writing, including basic matters of style.

Assessment

One research assignment (3,000 words): 40%
One take-home examination (3,000 words): 40%
One take-home assignment (1,500 words): 20%

Workload requirements

24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements).

This unit applies to the following area(s) of study

Intellectual property law