78234 Common Law Legal Traditions
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 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
There are course requisites for this subject. See access conditions.
Description
This 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 and postgraduates without an undergraduate law degree. 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 learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | understand the basic concepts of the common law; |
|---|---|
| 2. | locate and use legal resources. |
| 3. | write logically, succinctly and persuasively using structure, expression, grammar, spelling and referencing that are appropriate for a UTS:Law written work. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- 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)
Teaching and learning strategies
Strategy 1 Seminars
Strategy 2 Class Participation/ Discussion
Strategy 3 Research Exercises
Strategy 4 Essay Writing
Lecture Format
Standard Mode
Tutorial Format and Expectation of Student Participation
Participation and Discussion expected.
Content (topics)
- Sources of Law
- Parliament and Legislation
- Courts
- Precedent
- Criminal and Civil Procedure
- Tort Law and Contract Law
- Legal Research
Assessment
Assessment task 1: Court Report
| Objective(s): | This task addresses the following subject learning objectives: 1 This task contributes specifically to the development of the following graduate attributes: 3.0, 4.0 and 5.0 |
|---|---|
| Weight: | 20% |
| Length: | A template will be discussed in class. |
Assessment task 2: Weekly Research Exercises
| Objective(s): | This task addresses the following subject learning objectives: 1 This task contributes specifically to the development of the following graduate attributes: 3.0, 4.0 and 5.0 |
|---|---|
| Weight: | 20% |
Assessment task 3: Final Exam
| Objective(s): | This task addresses the following subject learning objectives: 1 and 3 This task contributes specifically to the development of the following graduate attributes: 3.0, 4.0 and 5.0 |
|---|---|
| Weight: | 60% |
| Length: | 3 hours |
Required texts
There are no essential texts. Texts, resources and materials will be discussed in class.
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.
