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 2018 is available in the Archives.
Credit points: 6 cp
Subject level:
Undergraduate
Result type: Grade and marksThere 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 for students to develop 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 learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Demonstrate a knowledge of the law and the Australian legal system in its historical, sociological, jurisprudential, cultural, ethical, philosophical and international contexts |
|---|---|
| 2. | Critically analyse fact scenarios to identify legal issues and solutions |
| 3. | Apply legal principles to fact scenarios and discussion questions to evaluate the likely legal outcomes for client advice or legal controversies |
| 4. | Succinctly summarise a key case to reflect its core principles, outcomes and implications for future cases of a similar kind and subject matter |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- 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) - 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) - 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: Independent preparation for seminars and discussion
Seminar preparation requires students to read prescribed materials and undertake topic-specific research as directed. Students may prepare for class by making notes regarding prescribed materials and responding to set discussion questions. Student preparation is tested by active class participation; students will be called upon at random to respond to questions. Students will be graded (see Assessment task 1) according to the quality of their response with respect to accuracy, sophistication of engagement with any live controversies inherent in the topic, and how they addressed the discussion questions. This may involve critical analysis of legal and ethical issues which arise in business, or the difficulties of maintaining the separation of powers under the Australia constitutional structure, or a reflection on how the Australian legal system has been shaped by the Westminster system, federation, international law and Aboriginal customary law.
Strategy 2: Learning through engagement in seminars
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 various official bodies such as, for example, the ACCC, ASIC and the ICAC.
Seminars are driven by interaction: students are encouraged to pose questions on any aspect of the law that may be unclear upon first explanation. In addition, regular breaks between key topics within each seminar allow for students to pose questions and consolidate their learning.
Strategy 3: Simulated Group Collaboration in a legal environment
One of the major benefits of this subject’s small-group approach to teaching is that it allows students to engage in simulated legal problem-solving scenarios. The second half of each seminar class is dedicated to legal problem solving and discussion questions.
As part of legal problem solving, students are divided into groups of 3-5 and tasked with providing advice on how to solve the problem. Groups are given 10-15 minutes to prepare their response, and are then required to present their client advice to the class. This strategy will enable students to learn the art of providing accurate and persuasive legal advice supported by relevant law.
Strategy 4: Feedback
Feedback is vital to effective learning, and is provided throughout the subject to ensure students obtain a clear understanding of how the Australian legal system works, areas under reform, and major points of difference with foreign systems.
Feedback is provided weekly during the tutorial component of each seminar. Lecturers correct and expand upon student responses to discussion questions where necessary, demonstrating how a student may have provided a better response. Lecturers will also push students to expand on their client advice, and may supplement student advice with areas of law not considered.
Feedback is also formally provided in response to the written case study (Assessment task 2) and formal exam (Assessment task 3).
In addition, formative feedback is available via the completion of in-class quizzes, which conclude each seminar. Quizzes are intended to reflect factual knowledge of the week’s topic, and highlight to students any areas in need of improvement and further study.
Subject Delivery
The subject is taught as a weekly 3-hour seminar. The seminars are divided into two components: a 90-minute lecture and a 90-minute tutorial.
Content (topics)
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
- Reading, writing and researching about the law
- 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: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
|---|---|
| Weight: | 20% |
| Length: | 1,000 words equivalent |
| Criteria: |
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Assessment task 2: Case Study
| Objective(s): | This task addresses the following subject learning objectives: 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
|---|---|
| Weight: | 30% |
| Length: | 1,500 words (excluding in-text referencing and the reference list). A deviation of 10% is permissible. |
| Criteria: |
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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 and 3.0 |
|---|---|
| Weight: | 50% |
| Length: | 2,500 words equivalent |
| Criteria: |
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Required texts
Andy Gibson, Business and Law 2018 10th ed Pearson Australia ( weeks 1-9)
Recommended texts
- Blay S Torts (nutshell series) Lawbook Co 6th Ed 2010
- Blay S, Piottrowicz R, and Tsamenyi M, Public International Law: An Australian Perspective Oxford University Press 2nd ed 2005
- Carvan J Understanding the Australian Legal System, Law Book Co 7th ed 2015
- Chisholm R and Nettheim G Understanding Law: An Introduction to the Australian Legal System. Butterworths 8th ed 2012
- Clarke B,and Maogoto J International Law (nutshelll series) Thomson Reuters 2nd ed 2009 (highly recommended for weeks 10-12)
- Crossling G and Murphy H. How to Study Business Law.Butterworths 4th ed 2009
- Concise Australian Legal Dictionary Lexis-Nexis Butterworths
- Lindsay G Contract (nutshell series) Lawbook Co 7th Ed 2014
- Latimer P. Australian Business Law Oxford University Press 2016
- Miles C and Dowler W A Guide to Business Law 20th ed Thomson Reuters 2013
- Stephen Graw, David Parker, Keturah Whitford & ors Understanding Business Law, LexisNexis 7th ed 2015
- Steinwall R Annotated Competition and Consumer Act,2010, LexisNexis 2013
- Stuhmcke A Legal Referencing Butterworths 4th ed 2012
- Turner C, Trone, J and Gamble R Concise Australian Commercial Law Lawbook Co 2017
- Turner C, and Trone, J Australian Commercial Law Lawbook Co 31st ed 2017
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>
