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 2018 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

There are course requisites for this subject. See access conditions.

Description

This subject provides an introduction to the common law for lawyers from countries with civil or dual civil and common law legal systems, and postgraduate students without an undergraduate law degree. 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. Students who complete this subject have the skills to research, critically analyse and articulate law within the common law tradition.

Subject learning objectives (SLOs)

1.	Identify and apply a coherent knowledge of the common law;
2.	Identify and explain researchable legal issues;
3.	Critically analyse and evaluate the relevance of primary and secondary sources of law located through a research process.
4.	Communicate logically, succinctly and persuasively.

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:

• 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: Student preparation

Students complete assigned readings and other preparatory activities prior to attending class. Subject sources that students are to view, listen to or read and reflect upon are listed on UTSOnline. Preparation enables students to engage in class discussion and to ask questions of the lecturer. Students also engage in independent research and reflection, following up on topics discussed in class and, in this way, integrating their learning in each topic.

Students also develop an understanding of the background to this subject and relevant current developments in the common law by reading relevant newspaper articles and selecting an article to analyse and present to the class (see Strategy 3: Practice-based learning, below).

Strategy 2: Class discussion

Discussion in class greatly facilitates individual learning, not only by students but also by the lecturer. Students are encouraged to ask questions whenever the territory seems unfamiliar. Interactive lectures provide an opportunity for students to build on their independent study and critically explore, analyse and reflect on a range of relevant issues as well as to develop and evaluate their own policy and regulatory positions.

Strategy 3: Practice-based learning

Students attend the Supreme Court to observe a matter before the court. This provides students with an opportunity to integrate their theoretical learning with practical experience and further consolidate their understanding of how the common law tradition differs from other legal traditions. Students also read and analyse relevant newspaper articles and present their analysis to the class. Finally, students also complete legal research exercises that require the application of research skills together with theoretical understanding of the common law legal tradition. Students have the opportunity to obtain feedback on their progress and understanding in each of these tasks (see Strategy 4: Feedback, below).

Strategy 4: Feedback

Detailed guidance as to the assessment criteria and the provision of timely feedback are an important part of the learning process. Students receive feedback on their preparation and participation in seminars from the teacher and also from peers who respond to their contributions. In addition, individual formative feedback is provided on students’ seminar participation and on students’ performance in research tasks, a court report and a presentation. Feedback also comes from a student’s own reflection on their performance with reference to the subject objectives and assessment criteria.

Content (topics)

Topic 1 – Writing for Law

Topic 2 – History and sources of common law

Topic 3 – Comparison with other systems

Topic 4 – Parliaments and legislation

Topic 5 – Statutory interpretation

Topic 6 – The court system

Topic 7 – Legal personnel

Topic 8 – Precedent

Topic 9 – Tribunals and ADR

Topic 10 – Tort, Contract and Criminal Law

Topic 11 – Customary Law

Assessment

Assessment task 1: Court Report

Objective(s):	This task addresses the following subject learning objectives: 1 and 4 This task contributes specifically to the development of the following graduate attributes: 3.0 and 5.0
Weight:	20%
Length:	Maximum 1,500 words (see ‘Further information’, below).
Criteria:	Provides a clear description of the court room (including a diagram) Provides an accurate account of the matter before the Court Identifies and evaluates the procedures and interactions observed in the court room Critically reflects upon the atmosphere of the court room Analyses how the role of each of the main legal professionals fits with the common law tradition Critically reflects upon whether observation of the case changed their perception of the law Report is well-written with accurate punctuation, spelling, grammar, appropriate use of headings and referenced according to AGLC3.

Assessment task 2: Weekly Research Exercises

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: 3.0 and 4.0
Weight:	15%
Length:	1500 words in total (see ‘Further Information’, below).
Criteria:	Identifies researchable legal issues Locates and uses relevant legal resources Critically analyses and evaluates the relevance of at least one other primary or secondary source of law located through a research process Writes logically, succinctly and persuasively using appropriate structure, expression, grammar, spelling and AGLC3 referencing

Assessment task 3: In-Class Presentation

Objective(s):	This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: 3.0 and 5.0
Weight:	5%
Length:	Maximum 500 words for the presentation outline.
Criteria:	Selects a relevant and interesting article Applies critical thinking in speaking about the chosen newspaper article Speaks clearly and persuasively Uses appropriate communication strategies to provide a logical analysis of the newspaper article and associated legal issues Provides written outline and copy of the newspaper article

Assessment task 4: Final Exam

Objective(s):	This task addresses the following subject learning objectives: 1, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 3.0 and 4.0
Weight:	60%
Length:	3 hours
Criteria:	Demonstrates coherent knowledge of the common law system based on the material covered in the seminars and weekly research assignments Writes logical and well-reasoned answers to discussion questions relating to the common law Applies sources of law, especially relevant statutory provisions and case law, to support legal argument

Required texts

There are no essential text books. Any required readings, resources and materials will be assigned in class and made available on UTSOnline.

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 - https://www.uts.edu.au/current-students/support/helps/about-helps
2. Study Skills – prepared 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 help – prepared by the library to assist students with English language resources - http://www.lib.uts.edu.au/help/english-language
4. UTS:Law Guide to Written Communication – prepared by the Law Faculty to assist students with academic and legal writing – available on UTSOnline and at https://www.uts.edu.au/current-students/current-students-information-faculty-law/overview#uts-law-guide-to-written-communication
5. UTS:Law Student Guidebook – prepared by the Law Faculty to provide students with information about study, assignments, services and the university rules – available on UTSOnline and at https://www.uts.edu.au/current-students/current-students-information-faculty-law/overview#uts-law-student-guidebook