78103 Common Law Legal Traditions
Warning: The information on this page is indicative. The subject outline for a particular semester, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
UTS: LawCredit points: 8 cp
Subject level:
Postgraduate
Result type: Grade and marksRequisite(s): 78100c Postgraduate Legal Research
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Handbook description
This intensive subject provides the bridge between the civil law and the common law. It is a comprehensive subject aimed at lawyers from countries with civil or dual civil and common law legal systems. It opens with expert tuition and practical exercises in the research skills and methodology of the common law. The topics covered include primary and secondary sources of the common law; the development of the common law; courts and lawyers; the spread and reception of the common law; law finding in the common law; contract law in the common law; public law and the common law; and business transactions in the common law.
Subject objectives/outcomes
This subject will assist students to develop graduate attributes by pursuing the following learning objectives. Students will undertake class activities to practise their development of these attributes, and will complete a range of assessment tasks designed to assess their attainment of the identified attributes.
- An understanding of the basic concepts of the common law. (GA 1)
- An ability to research and write an essay. (GA 1, 2, 3, 4)
Contribution to course aims and graduate attributes
The UTS, Faculty of Law has identified a number of professional attributes that graduates from the Faculty will possess upon graduation.
INTELLECTUAL
1. Critical Thinking: An appropriate level of independent thinking, creativity and critical analysis.
2. Analysis and Evaluation: An ability to strategically analyse issues of law, evaluate options and viewpoints to reach and implement decisions.
3. Spoken and Written Communication: Advanced oral and written communication skills.
4. Legal Research and Technological Literacy: Appropriate research techniques to acquire, distil and utilise legal information.
PROFESSIONAL
5. Disciplinary Knowledge: A coherent and extensive knowledge of substantive and procedural law.
6. Lifelong Learning: A capacity to continually update the knowledge skills and awareness appropriate to the practice of law.
7. Ethics: A capacity to value and promote honesty, accountability and ethical standards.
PERSONAL
8. Self and Cooperative Work Management: Self and priority management skills including cooperative work.
9. Cultural Awareness and a Global Outlook: An appreciation and valuing of cultural and intellectual diversity and an ability to function in a global environment.
10. Social Justice: An acknowledgement and acceptance of individual responsibilities and obligations and of the assertion of the rights of the individual and the community.
Teaching and learning strategies
Strategy 1 Seminars
Strategy 2 Class Participation/ Discussion
Strategy 3 Research Exercises
Strategy 4 Essay Writing
Lecture Format
Seminars
Tutorial Format and Expectation of Student Participation
Participation and Discussion expected.
Content
- Sources of Law
- Parliament and Legislation
- Courts
- Precedent
- Criminal and Civil Procedure
- Tort Law and Contract Law
- Legal Research
Assessment
Assessment Item 1: Court Report
| Objective(s): | Objectives 1 , 2 |
| Weighting: | 20% |
Assessment Item 2: Weekly Research Exercises
| Objective(s): | Objectives 1, 2 |
| Weighting: | 20% |
Assessment Item 3: Research Essay
| Objective(s): | Objectives 1, 2 |
| Weighting: | 60% |
Other resources
Students are encouraged to refer to the following Faculty and University resources for assistance and support in this
subject:
1. HELPS (Higher Education Language and Presentation Support) - HELPS assists students with English language, academic writing and presentations through workshops, drop in support, individual and group consultations and English conversation groups - http://www.ssu.uts.edu.au/helps/
2. Study Skills prepare by the library to assist students with assignments, referencing, writing, reading and speaking - http://www.lib.uts.edu.au/help/study-skills
3. English language prepared by the library to assist students with English language resources - http://www.lib.uts.edu.au/help/english-language
4. Guide to Written Communication prepared by the Law Faculty to assist students with academic and legal writing – available on UTSOnline.
5. Subject Information Booklet prepared by the Law Faculty to provide students with information about study, assignments, services and the university rules – available on UTSOnline.
