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: LawCredit points: 8 cp
Subject level:
Undergraduate and Postgraduate
Result type: Grade and marksThere 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) - 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)
Teaching and learning strategies
Subject delivery
This subject will be run in small group seminars. It has four (4) contact hours per week consisting of 2×2 hour seminars per week. There are no lectures in this subject.
You should have allocated yourself to a seminar group when you enrolled. You are expected to stay in that seminar group for the entire semester. This is critical given that seminar participation is a component of the assessment.
Subject format and expectation of student participation
Seminars are discussion based. Do not expect your seminar leader to lecture to the class in a formal manner. For each seminar you are asked to read a set of prescribed readings (these are listed in the Learning Guide) relating to a particular topic and then come to class ready to participate in informed discussion about that topic. To help get the discussion going, you have been given a list of questions and sometimes exercises to think about beforehand and help guide your reading but please be prepared to take the discussion beyond these questions to deal with other issues raised in the readings and related to the topic in general.
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. You are also encouraged to further develop these notes by reflecting on the Seminar discussion after class, especially noting issues that need following up, further materials that need to be read etc. This will not only facilitate your understanding of the topic but also provide you with a solid foundation for your private study of the topic for the exam at the end of the semester.
But preparation is only the first step to getting the most out of the seminars. During the seminar, you need to participate in an informed way in the seminar discussion. This is important not only for the learning experience it provides (it's amazing how well having to explain a concept helps you to realize how well you understand that concept…) but remember there is a seminar participation component of the assessment.
In terms of how the classes will be run, be prepared for variety. There could be a mix of small group discussions, whole class discussions and possibly even a debate as well as some other exercises. But it needs to be stressed that the Seminars are discussion-focused and will not be run as lectures.
Seminar attendance
From a learning perspective, you are strongly encouraged to attend all the seminars in this subject. As Seminar Participation forms a component of the assessment, attendance at the assessable seminars for this purpose is critical. Put simply, if you are not there, then you cannot participate in the seminar discussion and so there is nothing to assess.
Note that seminar participation is assessed from seminar 5 (week three) to seminar 23 (week 13). This means that there is a total of 19 assessable seminars. You are allowed to miss three of these assessable seminars – however if you miss more than three without an acceptable reason (supported by documentation, such as a medical certificate) this will impact on the mark that you are awarded. Please note that work and family commitments are not sufficient reasons to miss more than three classes.
Content
- Introduction to the concepts of law and legal systems
- The Australian legal system: key elements and concepts
- Indigenous Australian laws
- English and Anglo-Australian legal history
- Introduction to jurisprudence and legal theory
- Sources of law
- Theories of judicial decision-making and doctrine of precedent
- Case analysis
- Statutory interpretation
- Approaches to legal problem solving
- Legal research: resources and strategy
- Critical thinking and academic writing skills
Assessment
Assessment task 1: Seminar participation
| Objective(s): | This task addresses the following subject learning objectives: 1 and 2 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
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| Weight: | 15 |
| Length: | Assessable seminar participation will commence in seminar 5 (week three) and end in seminar 23 (week 13). This means that there are a total of 19 assessable seminars. |
Assessment task 2: Case Note
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 7 and 8 This task contributes specifically to the development of the following graduate attributes: 1.0 and 5.0 |
|---|---|
| Weight: | 15 |
| Length: | 900 Words |
Assessment task 3: Essay writing assignment
| Objective(s): | This task addresses the following subject learning objectives: 1, 3, 5, 6, 7 and 8 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0, 4.0 and 5.0 |
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| Weight: | 30 |
| Length: | 2,150 Words (not including footnotes and bibliography), comprised of:
You MUST provide an accurate word count for EACH of the three parts of the essay writing assignment. |
Assessment task 4: Final Invigilated Examination
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 7 and 8 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
|---|---|
| Weight: | 40 |
| Length: | Two hours (plus 10 minutes reading time) |
Required texts
1. Nickolas 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 are not allowed to be taken into exams you will not have access to an e-book in the exam for this subject.
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. There will be two volumes of the seminar materials: Volume One contains readings for seminars 1-14; Volume Two contains readings for seminars 15-24.
3. Australian Guide to Legal Citation (Melbourne University Law Review Association Inc, 3rd ed, 2010). The Guide can be viewed, downloaded or purchased from http://www.law.unimelb.edu.au/mulr/aglc
4. An Australian law dictionary:
You must have access to an up-to-date Australian Law Dictionary, such as one of the following:
- Australian Law Dictionary (Oxford University Press, 2nd ed, 2013)
- Concise Australian Legal Dictionary (LexisNexis Butterworths, 4th ed, 2010)
These dictionaries are also available online through the law databses that you will be intrdocued to in your library classes.
Recommended texts
- Michelle Sanson, Thalia Anthony and David Worswick, Connecting with Law (Oxford University Press, 2nd ed, 2010).
- Elizabeth Ellis, Principles and Practices of Australian Law (Lawbook, 3rd ed, 2013)
- Catriona Cook, Robin Creyke, Robert Geddes and David Hamer, Laying Down the Law (LexisNexis Butterworths, 8th ed, 2011)
- Prue Vines, Law and Justice in Australia: Foundations of the Legal System (Oxford University Press, 2nd ed, 2009).
- Kathy Laster, Law as Culture (Federation Press, 2nd ed, 2001)
- Terry Hutchinson, Researching and Writing in Law (Thompson Reuters, 3rd ed, 2010)
- Bruce Bott, Jill Cowley and Lynette Falconer, Nemes and Coss’ Effective Legal Research (LexisNexis Butterworths, 3rd ed, 2007)
- Michele Asprey, Plain Language for Lawyers (Federation Press, 4th ed, 2010)
- Denise Meyerson Jurisprudence (Oxford University Press, 2011)
- Patrick Parkinson Tradition and Change in Australian Law (Thomson Reuters, 5th ed, 2013)
Other resources
Reading on studying and writing in law:
- Michael Brogan and David Spencer, Becoming a Lawyer: Success at Law School (Oxford University Press, 3rd ed, 2014).
- 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
- UTS Library – use it! http://www.lib.uts.edu.au/
- UTS Law Faculty Guide to Written Communication- https://www.uts.edu.au/sites/default/files/law-form-guide-written-communication.pdf
- NSW Legislation http://www.legislation.nsw.gov.au/
- Commonwealth legislation http://www.comlaw.gov.au/
- UTS Online – make sure you check in regularly! https://online.uts.edu.au/webapps/login/
- Lawlink NSW – an online government web site to law and justice agencies in NSW. http://www.lawlink.nsw.gov.au/lawlink/corporate/ll_corporate.nsf/pages/ll_Homepage_index
