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70110 Introduction to Law

Warning: The information on this page is indicative. The subject outline for a particular session, 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.

Subject handbook information prior to 2016 is available in the Archives.

UTS: Law
Credit points: 6 cp

Subject level:

Undergraduate

Result type: Grade and marks

There are course requisites for this subject. See access conditions.
Anti-requisite(s): 70105 Legal Research AND 70113 Legal Process and History AND 70115 Perspectives on Law AND 79203 Business Law and Ethics

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. Its objective is to develop in students an understanding of the Australian legal framework and the role of law in regulating individual and commercial relationships and to provide a basis for undertaking further studies in law. The subject is structured to cover 11 topics comprising eight topics addressing learning about the Australian legal system and the civil, criminal and business relationships it regulates and three topics covering international law. Topics 1–8 introduce students to the Australian legal system and help them understand the operation of Australian law. These topics aim to equip students with a foundational understanding of the operation of the Australian legal system to enable an effective transition into the more specialised learning involved with topics 9–11. Topics 9–11 explore Australian law in an international context.

Subject objectives

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

1. Demonstrate an understanding of the law and the Australian legal system in its historical, sociological, jurisprudential, cultural, ethical, philosophical and international contexts by completing a two hour formal exam which tests student competency of each topic covered in the subject.
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

This subject introduces students to the Australian legal system and the areas of law with particular relevance to business and commercial relationships. As an introductory subject it seeks to provide students with an understanding of content ranging from the historical roots of the Australian legal system through to its operation and the processes through which it regulates.

The topic structure is as follows:

  • Introduction to the Australian legal system taught over two weeks.
    • Part 1 introduces students to the origins of Australian law, the development of the Australian legal system, the common law traditions underpinning it and its operation within Australia’s federal structure and Westminster system
    • Part 2 introduces the students to the operation of the legal system and looks specifically at the sources of law in legislation and case law and the role of judges to interpret statutes and apply the law.
  • Exploring the different roles and functions of two significant categories of law – Tort Law and Criminal Law
  • Legal research and the library resources available for conducting it
  • Contract Law I - The elements of a valid contract and how to avoid contractual impediments
  • Contract Law II – contractual breaches and termination of the contract
  • Australian consumer law
  • Business structures: small business, partnerships and corporations
  • The nature, sources and subjects of international law
  • Australia and the international legal system
  • The operation of International law with specific reference to business, human rights and the environment

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

Weight: 20%

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

Weight: 30%
Length:

Total - 2,000 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

Weight: 50%
Criteria:

A two hour formal exam.

Required texts

Andy Gibson and Douglas Fraser Business and Law 2016 9th ed Pearson Australia

Recommended texts

Students who are interested in reading further into the weekly topics should refer to titles listed below:

  1. Barron M. Fundementals of Business Law Mc Graw -Hill Aust 7th ed 2012
  2. Ciro T, Goldwasser V and Verma, R. Law and Business 4th ed OUP 2011.
  3. Crossling G and Murphy H. How to Study Business Law.Butterworths 4th ed 2009
  4. Concise Australian Legal Dictionary Lexis-Nexis Butterworth
  5. Hall K. and Macken C. Legislation and Statutory Interpretation LexisNexis 2012
  6. James, N. Business Law 2nd ed Wiley 2012
  7. Latimer P. Australian Business Law CCH Australia 34th ed 2015
  8. Miles C and Dowler W A Guide to Business Law 20th ed Thomson Reuters 2014
  9. Pentony B, Graw S, Parker D, Whitford K Understanding Business Law LexisNexis 6th ed 2012
  10. Sanson M and Anthony T. Connecting with Law 3rd ed OUP 2014
  11. Sanson M. Statutory Interpretation OUP 2012
  12. Steinwall R Annotated Competition and Consumer Act, 2010, LexisNexis 2013
  13. Stuhmcke A Legal Referencing Butterworths 4th ed 2011
  14. Terry A. & Guigni D. Business and the Law Thomson Reuters 6th ed 2016

Other resources

Orientation Preparation References

  1. Brogan M & Spencer D. Surviving Law School 2nd ed 2008Carvan J. Understanding the Australian Legal System, LawBook Co 7th ed 2015
  2. Campbell E, Fox R. & de Zwart M. Students’ Guide to Legal Writing and Law Exams 3rd ed 2010
  3. Chesterman S & Rhoden C. Studying Law at University: Everything You Need to Know 2nd ed 2005
  4. Chisholm R, Nettheim G with Chisholm H. Understanding Law Lexis Nexis Butterworths 8th ed 2012
  5. Cook C, Creyke R, Geddes R, Hamer D. with Taylor, T Laying Down The Law, Lexis Nexis Butterworths 9th ed 2014
  6. Macken C. Law Student Survival Guide: 9 Steps to Law Study Success Thomson Reuters 2nd ed 2009


Useful Websites

  1. Australasian Legal Information Institute [Austlii]: <http://www.austlii.edu.au>
  2. NSW Government [especially ‘Law & Justice’]: <http://www.nsw.gov.au>
  3. Commonwealth Government [especially ‘Law & Justice’]: <http://www.australia.gov.au>
  4. ABC Radio National’s, The Law Report: <http://www.abc.net.au/rn/lawreport/default.htm>