L6005 - Juris Doctor - 2017

This is a professional entry master's 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 and Monash Graduate AttributesAustralian Qualifications Framework level 9 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.

The course is designed to equip you with basic legal knowledge and skills that are required for admission to legal practice, with the opportunity to develop specialised knowledge in areas of law of your choice. The basic knowledge is imparted through three broad themes: legal methodology and legal practice, public law and private law. The specialised knowledge and advanced skills are imparted in later year elective units.

Part A. Legal methodology and legal practice

This theme includes the nature of law, and particularly statute law enacted by parliaments and common law developed by courts. It also includes the key concepts, principles and methods of research and reasoning that enable lawyers to identify and interpret law and apply it to relevant facts in order to provide legal advice. It covers the law of procedure and evidence that governs judicial proceedings, alternative methods of resolving legal disputes, and the code of ethics that regulates the professional conduct of legal practitioners.

Part B. Public law

Public law includes constitutional law, administrative law and criminal law. It concerns the powers and procedures of the legislative, executive and judicial organs of government, and how they are regulated and controlled by 'the rule of law'. It also concerns the legal relationship between government and individuals, including the protection of individual rights.

Part C. Private law

Private law deals with legal relationships between legal persons, including corporations as well as individuals. It includes the study of property rights, contractual rights and obligations, wrongs (called 'torts') such as trespass and the negligent infliction of injury, and the law of equity and trusts.

Part D. Extending specialised knowledge and advanced skills

In these studies you will complete at least one commercial law unit and a professional project and will also add to your expertise by choosing from a broad range of elective law units. Elective law units enable you to develop specialised knowledge and advanced skills in areas of law that suit your own interests, skills and career goals.

The course comprises 144 points structured into four parts: Part A. Legal methodology and legal practice (24 points), Part B. Public law (30 points), Part C. Private law (42 points) and Part D. Extending expertise: Specialist law electives (48 points).

The course progression mapcourse progression map (http://www.monash.edu.au/pubs/2017handbooks/maps/map-l6005.pdf) will assist you to plan to meet the course requirements, and guidance on unit enrolment for each semester of study.

Units are six credit points unless otherwise stated.

Part A. Legal methodology and legal practice (24 points)

Students complete:

• LAW5000 Australian legal reasoning and methods
• LAW5013 Principles of litigation and dispute resolution
• LAW5015 Ethics in legal practice
• LAW5012 Principles of evidence

Part B. Public law (30 points)

Students complete:

• LAW5005 Principles of contract law B
• LAW5004 Principles of public law and statutory interpretation
• LAW5007 Principles of constitutional law
• LAW5014 Principles of administrative law
• LAW5001 Principles of criminal law and procedure

Part C. Private law (42 points)

Students complete:

• LAW5003 Principles of torts
• LAW5002 Principles of contract Law A
• LAW5006 Principles of property law
• LAW5008 Principles of equity
• LAW5011 Principles of company law
• LAW5009 Advanced property law
• LAW5010 Principles of trusts

Part D. Extending expertise: Specialist law electives (48 points)

Students complete 48 points of elective units which must include:

• one commercial law elective chosen from the list below
• one professional project unit chosen from the list below

The remaining units (taking the total credit points to 144 can be selected from level 5 units offered by the Faculty of Lawoffered by the Faculty of Law (http://www.monash.edu.au/pubs/handbooks/units/index-byfaculty-law.html).

Students must complete 72 points of core units before undertaking any elective units.

Commercial law electives

Students complete at least one commercial law elective (6 points) chosen from the list below:

• LAW5350 Principles of taxation
• LAW5340 Intellectual property
• LAW5312 Competition law
• LAW5315 Commercial dispute resolution
• LAW5452 Private investment law
• LAW5384 International investment law
• LAW5301 Copyright
• LAW5316 Trade marks and commercial designations

Professional electives

Students complete at least one professional elective chosen from the list below:

• LAW4803 Clinical externship
• LAW5050 Professional practice (JD) (12 points)*
• LAW5052 Professional project
• LAW5055 Vis arbitration moot
• LAW5056 Jessup moot competition
• LAW5083 Extended research (12 points)**
• LAW5355 Advocacy theory and practice

* This unit has a prerequisite which is achievement of at least twelve units or 72 credit points towards the Juris Doctor to include: LAW5001, LAW5002, LAW5005 and LAW5003 or equivalent.

** This unit requires that students have completed four elective units and obtained 70 per cent or above in each of the units. A quota applies.

Students may exit this course early and apply to graduate with the following award, provided they have satisfied the requirements for that award during their enrolment in the master's course:

• L5001 Graduate Diploma in Law after successful completion of 48 points of study with a minimum of 36 credit points at level 4 or above.

Students can choose to complete a research thesis (24 points) that will provide a pathway to a higher degree by research.

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