MONASH UNIVERSITY FACULTY HANDBOOKS

Law Handbook 1996

Published by Monash University
Clayton, Victoria 3168, Australia

Caution Copyright © Monash University 1996
ISBN 1037-0919

Authorised by Academic Registrar, April 1996


OUTLINE OF UNDERGRADUATE STUDIES

CONTENTS

  1. LLB course objectives
  2. Course planning and subject selection
  3. Description of the structure of each degree

LLB course objectives

The objectives of the LLB program at Monash are:

(1) to enable students to gain an understanding of basic legal concepts and institutions and of the historical, social and political and economic factors influencing the development of legal concepts and legal institutions;

(2) to enable students to identify, use and evaluate the concepts, principles and rules used in legal argument and the methods by which they are derived and modified;

(3) to enable students to acquire some familiarity with theories about the nature of law, the systemisation of legal rules and the relationship between law and other social institutions;

(4) to enable students to develop skills or oral and written presentations, especially of legal argument, and of legal research and analysis;

(5) to encourage students to analyse the law critically and to take an interest in the development of legal and social policy;

(6) to develop in students an understanding of concepts of justice, a concern to promote justice and an appreciation of their professional responsibilities;

(7) to enable students to acquire the basic knowledge and skills necessary for employment in the legal profession, law reform agencies, government service or other relevant areas of employment; and

(8) to enhance students' thinking, reasoning and expressive abilities within legal and related contexts.

Objectives for compulsory core of degree

The purpose of the core undergraduate curriculum (the seven compulsory subjects and those elective subjects fulfilling the requirements of the Council of Legal Education for admission to practice) is to:

(a) enable students to acquire an understanding of

+ the fundamental concepts and institutions of public law

+ the fundamental concepts of criminal law

+ legal rights and obligations (including proprietary, contractual, tortious and equitable obligations) and their interrelationship

+ the nature of legal personality, fundamental legal institutions and the relationship between different types of legal institutions

+ the trial process and litigation

+ the obligations of practitioners;

(b) introduce students to a variety of theoretical and other perspectives on the nature of law;

(c) enable students to acquire competence in the skills of legal research, analysis and oral and written communication, and introduce them to a range of other legal skills including interviewing, drafting, advocacy, negotiation and other forms of dispute resolution.

The elective program

The purpose of the elective program is

+ to enable students to broaden and deepen the legal knowledge and skills they have acquired in the course of studying compulsory subjects

+ to enable students to explore new and significant developments in the law, legal theory and the legal system and to acquire knowledge and skills in areas of law which particularly interest them

+ to introduce students to areas of legal knowledge that are not included in the compulsory curriculum

+ to enable students to further develop the skills relevant to legal practice

+ to enable students to acquire interdisciplinary perspectives that will extend and enhance their understanding of legal principles, theory or skill.


Course planning and subject selection

While precise details regarding the requirements for the faculty's undergraduate degrees are outlined in the regulations, students may find some assistance in the following restatement of these requirements in a less formal manner.

A full list of all the subjects available in the degrees is set out in resolution 2 of the faculty resolutions. The normal procedure is for students to select, in accordance with the regulations, the subjects they wish to study in each year of their degree.

The subdean and other officers of the faculty are available to advise students on their choice of subjects at the time of enrolment. This advice, however, will be most helpful if students have already made themselves familiar with all the subjects and considered what their fields of interest are likely to be. Similarly, when re-enrolling in later years of the course, students should discuss their choice of subjects with the faculty advisers.

It is the responsibility of students to ascertain from the regulations governing their courses, the subjects (including the number of points) required for their LLB degrees; the approval of students' enrolments by the faculty does not relieve the students of this responsibility.

LAW1100 (Legal process) quota

There is a restriction on the number of students from other faculties who may enrol in the subject LAW1100 (Legal process). This quota is currently twenty places.

Sequence in law subjects for non-law students

Students who are not enrolled in a law degree course but who obtain a place in LAW1100 (Legal process) may complete, as a non-law student, a minor sequence in subjects from the Faculty of Law, and in addition may complete further specified law subjects to the value of twenty-four points at third-year level provided such subjects are credited to and required for the non-law degree. Students interested in this option should consult the subdean of the Faculty of Law.

Numbering of subjects

Compulsory subjects

(a) The first digit of the subject number indicates the year in which the subject is most commonly taken.

(b) For the purpose of calculating workload, the following compulsory subjects, other than Moot Court, carry twelve points. Moot Court carries two points.

Elective subjects

(a) The first digit of the subject number indicates the year in which the subject is most commonly taken.

(b) The last two digits indicate the number of points attributed to the subject.

Subjects outlined

Compulsory subjects

+ LAW3100 Administrative law 300

+ LAW2100 Contract 200

+ LAW3200 Constitutional law 300

+ LAW3300 Criminal law and procedure 300

+ LAW1100 Legal process 100

+ LAW5500 Moot court

+ LAW3400 Property 300

+ LAW2200 Torts 200

Elective subjects

The elective subjects available in the faculty are set out in resolution 2 of the faculty board. The availability of those subjects in 1996 will depend on the number of enrolments and the availability of teaching staff.

Duplication of subjects

Students should consult section 22 and resolution 4 of the faculty regulations and resolutions respectively.

Teaching in LLB subjects

All compulsory subjects are taught over a full year and most elective subjects are taught over a half year. Whether a subject covers a full year or half year is indicated in the outline of the particular subject.

Classes

All subjects in the law course usually involve three hours of lectures per week. Tutorials of one hour each fortnight are provided in addition to lectures in some subjects.


Description of the structure of each degree

Bachelor of Jurisprudence (BJuris)

With effect from 1996 the BJuris degree will be phased out by accepting no new enrolment in the BJuris/LLB. It will also no longer be a requirement that students who do not already hold a non-law degree must enrol for a combined law degree: in 1996 school leavers can for the first time apply for a four-year Bachelor of Laws (LLB) course which is being offered at Monash as an additional option to the combined law degree courses.

Bachelor of Laws (LLB)

In the past school leavers and other applicants who do not hold a degree at the time of admission to the undergraduate law program have been required to enrol for a combined degree, eg Bachelor of Arts/Bachelor of Laws; Bachelor of Commerce/Bachelor of Laws; Bachelor of Science/Bachelor of Laws. With effect from 1996 such students will have the option of taking the LLB as a `stand-alone' degree of four years duration. The structure of the LLB course varies for students according to whether they are:

(1) a school leaver;

(2) a transferee who has completed one full-time year in another faculty or

(3) a graduate who has already qualified for an undergraduate degree or completed equivalent tertiary studies before enrolment for the LLB.

The relevant structures are as follows.

(1) Straight from school

+ Year 1 Twenty-four points first-year non-law subjects, LAW1100 (Legal process 100), and LAW3300 (Criminal law and procedure 300)

+ Year 2 LAW2200 (Torts 200), LAW2100 (Contract 200), LAW3400 (Property 300) and LAW3200 (Constitutional law 300)

+ Year 3 LAW3100 (Administrative law 300) and thirty-six points elective law subjects

+ Year 4 LAW5500 (Moot court) and forty-eight points elective law subjects

(2) Transfer after completing first year non-law (forty-eight points)

+ Year 1 LAW1100 (Legal process 100), LAW3300 (Criminal law and procedure 300), LAW2100 (Contract 200), LAW3400 (Property 300)

+ Year 2 LAW2200 (Torts 200), LAW3200 (Constitutional law 300) and thirty points elective law subjects

+ Year 3 LAW3100 (Administrative law 300) LAW5500 (Moot court) and forty-two points elective law subjects

(3) After completing an undergraduate degree

+ Year 1 LAW1100 (Legal process 100), LAW3300 (Criminal law and procedure 300), LAW2100 (Contract 200), LAW3400 (Property 300)

+ Year 2 LAW2200 (Torts 200), LAW3200 (Constitutional law 300) and thirty points elective law subjects

+ Year 3 LAW3100 (Administrative law 300) LAW5500 (Moot court) and forty-two points elective law subjects

Combined courses

As an alternative to taking the LLB course, students may combine with the degree of Bachelor of Laws the degree of Bachelor of Arts (Asian Studies), Bachelor of Arts (Australian Studies), Bachelor of Arts (European Studies), Bachelor of Arts (Social Sciences), Bachelor of Business (Management), Bachelor of Business (Banking and Finance), Bachelor of Commerce, Bachelor of Economics, Bachelor of Engineering, Bachelor of Science and Bachelor of Medicine, Bachelor of Surgery. Any student wishing to take such a combined course must obtain a quota place in both faculties.

In order to complete both degrees within the minimum period, it is necessary to follow particular sequences of non-law and law subjects (see resolution 1 of the faculty board). Students who wish to combine an honours degree in another faculty with a law degree, will be unable to do so in fewer than six years.

The faculty has recently conducted a review of its curriculum including the structure of law studies taken as part of a combined degree. The faculty board has approved a recommendation from the Curriculum Review Committee that during the first three years of a combined course the desired sequence of subjects is:


                      Year 1               Year 2             Year 3     
                                                                         
School leavers        Legal process;       Torts              Contract;  
                      Criminal law                            Property   
                                                                         
Internal transfer                          Legal process;     Contract;  
after one year                             Criminal law       Property   
of study                                                                 

The transitional arrangements to give effect to the above sequence have been negotiated with other faculties. Students enrolling in a combined course should consult with course advisers.

The honours degree of Bachelor of Laws - LLB (Hons)

A student may qualify for an honours degree at the conclusion of his or her LLB studies. A student will qualify for an honours degree, class I, IIA, IIB or III, where his or her weighted average based on all law subjects attempted reaches a minimum numerical grade determined by the honours committee.

Any student may seek enrolment in the thesis subject LAW5207 at the end of his or her penultimate year of LLB studies. However, a quota will be applied to this subject and students will be admitted on the basis of their weighted average based on all law subjects attempted to the end of their penultimate year of LLB studies.

Students wishing to apply for LAW5207 should do so by the first week of November of their penultimate year. Students who have not applied by this time but who, as a result of their penultimate year of study, wish to do so, should apply within a week of the publication of their results in their penultimate year.


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