70110 Introduction to 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: 6 cp
Subject level:
Undergraduate
Result type: Grade and marksThere are course requisites for this subject. See access conditions.
Anti-requisite(s): 16128 Built Environment Law AND 70105 Legal Research AND 70113 Legal Process and History AND 70115 Perspectives on Law AND 79203 Business Law and Ethics
Handbook description
The subject is designed to provide students from a range of disciplines with a fundamental understanding of the Australian legal system and the areas of law particularly relevant to business and commercial relationships. Its objective is to develop in students an understanding of the Australian legal framework as a basis for undertaking more specialised studies including those in a range of disciplines and fields other than law. The subject is structured to cover 12 topics: nine of which address learning about the Australian legal system and the business relationships it regulates; the final three topics focus on the specific area of international law. Topics 1–9 provide for the development of an understanding of Australian law and its operation that equip students to move effectively into the more specialised learning involved with topics 10–12 which explore Australian law in an international context.
Subject objectives
Upon successful completion of this subject students should be able to:
| 1. | Demonstrate through completing a two hour formal exam an understanding of the law and the Australian legal system in its historical, sociological, jurisprudential, cultural, ethical, philosophical and international contexts |
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| 2. | Demonstrate an ability to analyse legal issues in a logical and structured way by answering set questions, completing directed research tasks and recording these processes week-by-week in a learning diary |
| 3. | Demonstrate an ability to problem solve set question individually and in groups and present these to the class |
| 4. | Demonstrate an ability to write succinctly and with clarity by producing a chronological account of what has been learnt each week through recording answers to set questions and problems and explaining how they understand the legal concepts taught |
This subject also contributes specifically to the development of the following graduate attributes:
- Legal Knowledge
An advanced and integrated understanding of a complex body of legal knowledge including the Australian legal system, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice. (1.0) - Ethics and Professional Responsibility
An advanced and integrated 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, an ability to reflect upon and respond to ethical challenges in practice, and a developing ability to engage in the profession of law and to exercise professional judgment (2.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses. (3.0) - Research Skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions (4.0) - Communication and Collaboration
Effective and appropriate professional 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
A high level of autonomy, accountability and professionalism, 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
Strategy 1:
The lecture component of the seminars integrates traditional face-to-face teaching methods with the practical experience of accessing the websites of legal authorities such as the federal and state courts, the Commonwealth Government, the NSW State Government, other state governments as well as the various official bodies such as, for example, the ACCC, ASIC and the ICAC. Seminar preparation requires students to read prescribed materials and undertake topic specific research as directed. Student level of understanding will be tested with a formal exam. On completion of the subject students should be able to:
- demonstrate an understanding of the historical development of the Australian legal system and the role of the Westminster system, federation and customary law in shaping it.
- demonstrate an understanding of the Australian constitutional structure and the relationship between federal and state governments and federal and state courts.
- identify legal and ethical issues that arise in individual and business relationships and demonstrate an understanding of process for resolving them.
- undertake and conduct research and apply it where it will enrich the learning experience
This is linked with GA 1, 2, 3 and SLO 1, 2, 4
Strategy 2:
Development of problem-solving and research collaboration skills through class participation that requires students to collaborate by engaging them in group problem solving exercises and quizzes. On completion of the subject students should be able to logically determine applicable legal principles and propose and support with relevant research, probable solutions.
This is linked with GA 4, 5, 6 and SLO 2, 3, 5
Strategy 3:
Written and reflective skill development through recording in a weekly report the preparation undertaken for and experience gained from active engagement with the material at home and in class. On completion of the subject students should be able to demonstrate a level of competence identifying relevant information and communicating its relevance in clear and succinct written documentation.
This is linked with GA 1, 6 and SLO 1, 3
Subject Delivery
The subject is taught as a weekly 3 hour seminar. The seminars are conducted as a 1.5 hour lecture and a 1.5 hour tutorial
Content
- Introduction to the subject: content and subject requirements and the role law plays in individual and business relationships
- Understanding law, ethics and the Australian legal system
- Contract law part i: Introduction to the law of contract
- Contract part ii: Contractual function and dysfunction
- Contract part iii: Termination of contract and remedies for breach
- Introduction to the law of tort
- Introduction to criminal law
- Australian consumer law
- Business structures: small business, partnerships and corporations
- The nature and development of international law
- Sources of international law: the law of treaties
- The subjects of international law: the acquisition of territory
Assessment
Assessment task 1: Class Participation
| Objective(s): | This task addresses the following subject learning objectives: 2 and 3 This task contributes specifically to the development of the following graduate attributes: 4.0, 5.0 and 6.0 |
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| Weight: | 20 |
| Length: | 1,500 words |
Assessment task 2: Learning Diary
| Objective(s): | This task addresses the following subject learning objectives: 2 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 2.0 and 5.0 |
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| Weight: | 30 |
| Length: | 2,000 - 2,500 Words |
Assessment task 3: Final Exam
| 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, 2.0 and 3.0 |
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| Weight: | 50 |
| Criteria: | A two hour formal exam. |
Required texts
S.Davenport and D.Parker Business and Law in Australia Thomson Reuters (Professional) Australia Limited (2012)
Recommended texts
Students who are interested who are interested in reading to more advanced levels should refer to Terry A and Guigni D, Business and the Law or Turner C, Australian Commercial Law
- Barron M : Fundementals of Business Law Mc Graw -Hill Aust 7th ed 2012
- Carvan J. Understanding the Australian Legal System, LawBook Co 6th ed 2010
- Chisholm R and Nettheim G Understanding Law: An Introduction to the Australian Legal System. Butterworths 8th ed 2012
- Ciro T Law and BusinessOUP 2011 3rd ed.
- Crossling G and Murphy H. How to Study Business Law.Butterworths 4th ed 2009
- Concise Australian Legal Dictionary Lexis-Nexis Butterworths
- Gibson A and Fraser D Business Law 6th ed Pearson 2012
- James, Nikolas Business Law 2nd ed Wiley 2012
- Latimer P. Australian Business Law CCH Australia 2012
- Miles C and Dowler W A Guide to Business Law 20th ed Thomson Reuters 2013
- PentonyB, Graw S &ors Understanding Business Law, Lexis-Nexis 6th ed 2012
- Steinwall R Annotated Competition and Consumer Act,2010, LexisNexis 2013
- Stuhmcke, A Legal Referencing Butterworths 4th ed 2012
- Terry A and Guigni D Business and the Law Thomson Publications 5th ed 2009
- Turner C Australian Commercial Law Thompson Publications 29th ed 2012
Other resources
- Richard Chisholm and Garth Nettheim, Understanding Law Lexis Nexis Butterworths (8th Ed, 2012)
- Michael Brogan and David Spencer, Surviving Law School (2nd Ed, 2008)
- Enid Campbell and Richard Fox, Students’ Guide to Legal Writing and Law Exams (3rd Ed, 2010)
- Simon Chesterman and Clare Rhoden, Studying Law at University: Everything You Need to Know (2nd Ed, 2005)
- Claire Macken, Law Student Survival Guide: 9 Steps to Law Study Success Thomson Reuters (2nd Ed, 2006)
Useful Websites
- Australasian Legal Information Institute [Austlii]: <http://www.austlii.edu.au>
- NSW Government [especially ‘Law & Justice’]: <http://www.nsw.gov.au>
- Commonwealth Government [especially ‘Law & Justice’]: <http://www.australia.gov.au>
- ABC Radio National’s, The Law Report: <http://www.abc.net.au/rn/lawreport/default.htm>
