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70102 Foundations of Law

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: Law
Credit points: 8 cp

Subject level:

Undergraduate and Postgraduate

Result type: Grade and marks

There are course requisites for this subject. See access conditions.

Handbook description

This subject aims to engage students with the concepts of law and legal systems, the Australian legal framework, and legal method and research in a legal context. Students are introduced to the Australian legal system – its origins, institutions, culture and theoretical foundations – and legal method and research. Students begin to develop skills in: case analysis, statutory interpretation, critical analysis and evaluation, legal reasoning, legal discourse and legal problem solving. Students are also introduced to a range of research skills necessary to locate and evaluate resources and develop an effective research strategy.

Subject objectives

Upon successful completion of this subject students should be able to:

1. understand the Australian legal system, international contexts, theoretical and technical knowledge;
2. think critically about set readings to identify and articulate the broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
3. locate and use legal resources;
4. identify and explain researchable issues;
5. plan and execute a research strategy;
6. evaluate the relevance of primary and secondary sources of law located through a research process;
7. plan and execute a critical writing task from set sources using appropriate structure, expression, grammar, spelling and referencing for a UTS:Law essay;
8. identify logical, succinct and persuasive writing.

This subject also contributes specifically to the development of the following graduate attributes:

  • Legal Knowledge
    A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0)
  • Ethics and Professional Responsibility
    A capacity to value and promote honesty, integrity, accountability, public service and ethical standards including an understanding of approaches to ethical decision making, the rules of professional responsibility and, an ability to reflect upon and respond to ethical challenges in practice. (2.0)
  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0)
  • Research skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (4.0)
  • Communication and Collaboration
    Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)
  • Self management
    The ability to implement appropriate self-management and lifelong learning strategies including initiating self-directed work and learning, judgment and responsibility, self assessment of skills, personal wellbeing and appropriate use of feedback and, a capacity to adapt to and embrace change. (6.0)

Teaching and learning strategies

Subject Delivery

This subject will be run in small group seminars as an intensive course over the Summer period. It has 8 contact hours per week, consisting of 2 x 4 hour seminars per week over six weeks.

Seminar Format and Expectation of Student Participation

Seminars are discussion-based. Do not expect your instructor to lecture you in a formal manner. Engage in the materials studied. Take advantage of the size of your class and participate. You have the opportunity to hear what other students have to say, and a chance to learn from each other. Active class participation can produce an inspiring, stimulating learning experience.

Seminars provide the key learning experience in this subject. It goes without saying then that the more you are prepared to put into them, especially by way of preparation, the more you will get out of them in terms of learning. You are encouraged then to prepare notes in response to the 'discussion starter' questions, as well as other issues raised by the readings, before the class. These will not only assist you to focus your thinking about the relevant issues but provide a useful resource for you to draw upon during the class discussions. During the class, you may wish to add to these notes.

For each seminar you are expected to:

• complete the assigned reading and think about the class questions prior to each class;

• come to class ready, willing and able to participate in class discussion

• come to class prepared to complete the occasional assessment exercises

You should expect your seminar leader to ask you questions about the material in each class and you should also expect to participate in small group and class discussions about various topics.

There will be a class participation mark for your work in Foundations of Law classes – further details are set out below.

Seminar Attendance:

From a learning perspective, you are strongly encouraged to attend all the Seminars in this subject. Your Seminar Leader will take a roll in each class. If you miss more than two classes (4 hours) without reasons submitted to them in writing (and/or via email) your tutor will ask you why you should be allowed to sit the final examination.

Content

  1. Introduction to the concepts of law and legal systems
  2. The Australian legal system: key elements and concepts
  3. Indigenous Australian laws
  4. English and Anglo-Australian legal history
  5. Introduction to jurisprudence and legal theory
  6. Sources of law
  7. Theories of judicial decision-making and doctrine of precedent
  8. Case analysis
  9. Statutory interpretation
  10. Approaches to legal problem solving
  11. Legal research: resources and strategy
  12. Critical thinking and academic writing skills

Assessment

Assessment task 1: Class Work

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4, 5, 6, 7 and 8

This task contributes specifically to the development of the following graduate attributes:

1.0, 2.0, 3.0, 4.0 and 5.0

Weight: 30

Assessment task 2: Critical Thinking and Writing Tasks

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4, 5, 6, 7 and 8

This task contributes specifically to the development of the following graduate attributes:

1.0, 2.0, 3.0, 4.0, 5.0 and 6.0

Weight: 30

Assessment task 3: Final Invigilated Examination

Objective(s):

This task addresses the following subject learning objectives:

1, 2 and 8

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0, 4.0 and 5.0

Weight: 40
Length:

Two hours

Required texts

1. Nikolas James and Rachael Field, The New Lawyer (Wiley, 2013)

Please note: this text is available in both hard copy and as an electronic book. Both versions come with an e-learning resource (iStudy) for you to use throughout the course

You may choose to purchase a hard copy OR the electronic version (e-text). An electronic version of the text may be purchased for approximately half the price of the hard copy from either the Co-op Bookshop or directly from the publisher.

Note that as electronic devices may be taken into exams that you will not have access to the e-text version in an open book examination.

See: http://www.wileydirect.com.au/buy/the-new-lawyer/

2. Foundations of Law Semimar Materials Copies will be available from the Haymarket Union Shop. They contain required and extension readings.

3. Australian Guide to Legal Citation (Melbourne University Law Review Association Inc, 3rd ed, 2010). The Guide can be viewed or purchased from http://mulr.law.unimelb.edu.au/go/aglc .

4. Any one of the following law dictionaries:

  • Australian Law Dictionary Oxford (2010)—also available from the Co-op Bookshop including online access to the dictionary.
  • Concise Australian Legal Dictionary LexisNexis Butterworths (4th ed 2010)

Recommended texts

  1. Michelle Sanson, Thalia Anthony and David Worswick, Connecting with Law (Oxford University Press, 2nd ed, 2010).
  2. Elizabeth Ellis, Principles and Practices of Australian Law (Lawbook, 3rd ed, 2013)
  3. Catriona Cook, Robin Creyke, Robert Geddes, David Hamer and Tristan Taylor, Laying Down the Law (LexisNexis Butterworths, 8th ed, 2011)
  4. Prue Vines, Law and Justice in Australia: Foundations of the Legal System (Oxford University Press, 2nd ed, 2009).
  5. Kathy Laster, Law as Culture (Federation Press, 2nd ed, 2001)
  6. Terry Hutchinson, Researching and Writing in Law (Thompson Reuters, 3rd ed, 2010)
  7. Bruce Bott, Jill Cowley and Lynette Falconer, Nemes and Coss’ Effective Legal Research (LexisNexis Butterworths, 3rd ed, 2007)
  8. Michele Asprey, Plain Language for Lawyers (Federation Press, 4th ed, 2010)
  9. Denise Meyerson Jurisprudence (Oxford University Press, 2011)
  10. Patrick Parkinson Tradition and Change (Thomson Reuters 2013)

Other resources

Reading on studying and writing in law:

  • Michael Brogan and David Spencer, Surviving Law School (Oxford University Press, 2nd ed, 2008).
  • Enid Campbell and Richard Fox, Students’ Guide to Legal Writing, Law Exams and Self Assessment (Federation Press, 3rd ed, 2010).
  • Claire Macken, Law Student Survival Guide: 9 Steps to Law Study Success (Thomson Reuters, 2nd ed, 2010).

Useful Websites