University of Technology Sydney

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 2020 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 and backgrounds with a fundamental understanding of the Australian legal system, the Common Law traditions underpinning it and its operation within the Australian federal structure and the Westminster system. Its objective is for students to develop an understanding of the Australian legal framework and the role of law and then consider the law in a business context in regulating individual and commercial relationships. This provides a basis for undertaking further studies in law in Australia. 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 international law with some reflection on the relationship of Australian law to international law.

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 including its Common Law Traditions along with 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 Tutorials and the Discussion Board

Preparation for Tutorials and Discussion Board requires students to listen to the broadcast lectures, to read prescribed materials and undertake topic-specific research as directed. Students may prepare by making notes regarding the lectures and prescribed materials and responding to set Tutorial and Discussion Board questions. Tutorials for weeks 1,5 and 12 will be conducted in the allocated seminar classroom on campus. Social distancing and health safety measures will be observed. These tutorials will be broadcast in Zoom so that students who cannot attend on campus will have the same learning opportunities by attending online in Zoom. All other tutorials will be solely conducted online via Zoom.

Student preparation is tested by active participation. In this regard students may be called upon at random to respond to questions in tutorials. Students will be graded (see Assessment task 1) according to the quality of their responses with respect to accuracy, sophistication of engagement with any live controversies inherent in the topic, and how they addressed the Tutorial and Discussion Board questions. This may involve critical analysis of the Australian legal system and how this specifically relates to the law of contracts, torts and consumer protection.

The legal, practical and ethical issues which arise in business (and business related) scenarios in these specific areas of law will be examined by engaging with problem questions and how to solve them applying the relevant law. Understanding the Australian legal system’s application to specific areas of law will form the basis for comparing the difference with the law of other countries and Australia’s legal obligations under public international law.

Strategy 2: Learning through engagement in Tutorials and Discussion Board

To actively engage in Tutorials and the Discussion Board students must first listen to the broadcast lectures. Lectures will be recorded and uploaded in UTS Online for each week of the semester. The lectures provide commentary and information on the subject topics and students are expected to have listened to the lecture broadcasts before each Tutorial.

A Discussion Board forum will be posted so that students can engage with their lecturer and other students regarding legal, practical and ethical issues raised in each lecture.

The lecture broadcasts will provide students with the practical experience of accessing 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.

The Tutorials and Discussion Board forums are mainly driven by online interaction (apart from the three tutorials which are conducted on campus). To consolidate and enhance their learning, students are encouraged to pose questions on any of the legal, practical and ethical issues which arise in the lecture broadcasts and Tutorials and Discussion Board conversations.

Strategy 3: Simulated Group Collaboration in a legal environment

One of the major benefits of this subject’s approach to teaching is that it allows students to engage in simulated legal problem-solving scenarios. The Tutorials are mainly dedicated to legal problem solving and discussion questions. As part of legal problem solving, students will be divided into groups of 2 and tasked with providing advice on how to solve the problem on a particular topic for one of the seminar topics. Students in each group of 2 will communicate and collaborate online in formulating an answer to their allocated problem and present their answer to the rest of the class in the Tutorial for that seminar topic.

Strategy 4: Feedback

Feedback is vital to effective learning, and is provided throughout the semester to ensure students obtain a clear understanding of the main features of the Australian legal system , and how this system works in particular areas of national law ( such as contracts, torts and consumer protection law) and international law ( such as human rights and the environment) Feedback is provided weekly during the Tutorials and Discussion Board forums. The lecturer will correct and expand upon student responses to Tutorial Activity questions, demonstrating how a student may have provided a better response.

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 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:

In Spring this subject is delivered by way of a weekly recorded lecture, tutorials and discussion boards.

All tutorials will be online EXCEPT for weeks 1,5 and 12 which will be on campus. In accordance with the University’s health and safety requirements, these tutorials will be for 90 minutes. These on campus tutorials will also be broadcast in Zoom so that students who cannot attend on campus will be able to attend and participate equally with those who attend on campus. More details are as follows:

1. Video broadcast lecture.(1.5 hours approx.). The broadcast will be available in UTS Online before each week’s session and students can listen to the broadcast at a time which is most convenient to them. The broadcast will be a recording of the lecturer speaking to the Power Point slides which are also available for reading only in UTS Online.

2. Tutorial. 1-1.5 hours approx..). Weeks 1,5 and 12 tutorials will be conducted in the allocated room on campus. These tutorials will also be broadcast in Zoom so that students may choose to attend and participate on campus or online. All other tutorials will be conducted solely online. Students will be able to log in to Zoom before each scheduled Tutorial. Tutorial activity questions, problem questions and quiz questions will be available in UTS Online. Students are expected to prepare answers to the questions before Tutorials. Every tutorial will be recorded in Zoom and posted in the subject materials in UTs Online.

3. Online Discussion Board. (1 hour approx.). Questions for discussion will be posted in UTS Online for each week’s topic. Students may post their responses at any time which is convenient during the particular week’s topic.

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
  • Legal research and legal problem solving
  • 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: sole trader, partnerships and corporations; relationship to ethics in business
  • The nature, sources and subjects of international law
  • The international legal system and its relationship with Australia
  • The operation of International law with specific reference to business, human rights and the environment

Assessment

Assessment task 1: Tutorial and Discussion Board 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: 15%
Length:

Tutorials: 1,000 words equivalent; Discussion Board: 1,000 words limit equivalent

Note: Written documents are not required to be submitted for Tutorials.
Criteria:
  • Consistency of contributions throughout the teaching session
  • Accuracy of information provided with respect to relevant law
  • Use of relevant law to support responses
  • Depth of thinking and preparation demonstrated

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: 35%
Length:

1500 words (excluding in-text referencing and the reference list). A deviation of 10% is permissible.
Criteria:
  • Correct identification of important legal issues
  • Succinct and clear writing, structure and grammar
  • Ability to identify prevailing legal reasoning
  • Accurate legal referencing (UTS Harvard)

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:

2,000 words equivalent
Criteria:
  • Correct identification of important legal issues
  • Correct application of relevant cases and statutory materials
  • Clarity of writing, structure and grammar and persuasiveness of arguments
  • Ability to manage competing arguments and address complex ethical and legal issues

Required texts

Andy Gibson and Sarah Osborne, Business Law 2020 11th ed Pearson Australia ( weeks 1-9)

Recommended texts

  1. Clarke B,and Maogoto J International Law (nutshelll series) Thomson Reuters 2nd ed 2009 (highly recommended for weeks 10-12)
  2. Corones SG, The Australian Consumer Law Thomson Reuters 2016 3rd ed
  3. Graw S An Introduction to the Law of Contact Thomson Reuters 2017 9th ed
  4. Lowe A International Law Oxford 2007 ( recommended for weeks 10-12)
  5. Patterson J and Robertson A Contract Cases and Materials Thomson Reuters 2020 14th ed
  6. Robertson A and Patterson J Principles of Contract Law Thomson Reuters 2020 6th Ed
  7. Tolhurst G Carter on Contract Butterworths 2002
  8. Turner C and Trone J Australian Commercial Law Lawbook Co 2019 32nd ed
  9. Turner C, Trone, J and Gamble R Concise Australian Commercial Law Lawbook Co 2019 5th ed

Note: All of the above texts are available online in the UTS Library database.

Other resources

  1. Blay S Torts (nutshell series) Lawbook Co 6th Ed 2010
  2. Chisholm R and Nettheim G Understanding Law: An Introduction to the Australian Legal System. Butterworths 8th ed 2012
  3. Concise Australian Legal Dictionary Lexis-Nexis Butterworths
  4. Crossling G and Murphy H. How to Study Business Law.Butterworths 4th ed 2009
  5. Fitzpatrick J, Symes C, Veljanovski A and Parker D Business and Corporations Law LexisNexis 2011
  6. Gibson A and Fraser D ( nutshell series) Business Law Law Book Co 3rd Ed 2011
  7. James N Business Law 4th ed Wiley2017
  8. Latimer P. Australian Business Law Oxford University Press 2016
  9. Lindsay G Contract (nutshell series) Lawbook Co 7th Ed 2014
  10. Meek M Australian Legal System ( nutshell series) Lawbook Co 5th Ed 2016
  11. Richards B and de Zwart Tort Law Principles Thomson Reuters 2nd Ed 2017

Useful Websites

  1. Find Law Australia www.findlaw.com.au
  2. Legislation (NSW) www.legislation.nsw.gov.au
  3. Legislation (C’lth) www.comlaw.gov.au
  4. High Court www.hcourt.gov.au
  5. Federal Court www.fedcourt.gov.au
  6. Consumer web site www.consumer.gov.au/
  7. ACCC www.accc.gov.au
  8. Austlii www.austlii.edu.au
  9. Law link NSW http://www.lawlink.nsw.gov.au/
  10. International Court of Justice http://www.icj-cij.org/en
  11. United Nations Security Council http://www.un.org/en/sc/
  12. United Nations Charter http://www.un.org/en/charter-united-nations/
  13. World Trade Organisation https://www.wto.org/