Foundations of Law - LAWS1052

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 5
 
 
Enrolment Requirements:
 
 
Currently enrolled in a program in the Faculty of Law.
 
 
Excluded: JURD7152
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description


Foundations of Law has two parts, a graded Coursework component and a Research component that is assessed on a satisfactory/unsatisfactory basis. The Coursework component of the course introduces students to the current structure, operation and historical origins of the Australian legal system, as well as to some of the key concepts in the law of torts (the law of civil wrongs). The Research component provides students with an introduction to the tools and methods of legal research.

Recommended Prior Knowledge


None

Course Objectives


This course aims to provide students with:

  • An understanding of the principal legal institutions in Australia, including their history and the relationships between them;
  • Foundational legal research skills, a preliminary understanding of appropriate research strategies and an understanding of legal terminologies and the elements of good legal writing;
  • A capacity to analyse case law and interpret statutes, and to identify and apply legal principles;
  • A feel for the "dynamic" of the law, that is, for the way that it has changed in the past, and will continue to change, in response both to social changes and to the continued operations of the legal system itself;
  • A contextual and critical approach to legal principles and institutions, rather than treating them as inevitable phenomena whose desirability cannot be questioned at any level;
  • A conception of law as a social phenomenon which may usefully be investigated from the viewpoint of many kinds of investigator - not just the judge, the practising lawyer or the law reformer, but also the historian, the sociologist, the anthropologist, the political scientist, the economist, or the philosopher.

Main Topics


  • The historical origins of the Australian legal system;
  • An introduction to some of the significant theoretical ideas underpinning our legal system, including the importance of the concept of the rule of law;
  • The operation of the principal institutions of government under our constitutions - parliaments, the executive and the courts - and their relation to each other and to the people living under them;
  • The role of judges, practising lawyers and other personnel in the court system;
  • The nature of the common law and the processes by which cases are decided by judges;
  • The circumstances of the adoption of the common law in the Australian states and the effect on the indigenous population;
  • The nature of statutes and the techniques for interpreting them;
  • An introduction to the history and development of equity within the Australian legal system;
  • An investigation of some torts as an example of the legal system in action;
  • How to research primary materials such as case law and legislation;
  • An introduction to secondary legal materials
  • Problem solving strategies and legal research;
  • Legal citation methods and referencing.

Assessment


Class participation (20%)
Court Observation Assignment or Applied Research Exercise (10%)
Extended Case-note (40%)
Final Exam (30%)

Course Texts


Prescribed
  • Vines, P Law and Justice in Australia: Foundations of the Australian Legal System, 2nd ed, Oxford University Press, Melbourne, 2009
  • Foundations of Law Research Exercises and Materials
  • Australian Guide to Legal Citation, 3rd ed, Melbourne University Law Review Assn., 2010 (mulr.law.unimelb.edu.au/aglc.asp)
Recommended
Strongly Recommended: Butterworths Concise Australian Legal Dictionary, 3rd ed, LexisNexis Australia, 2004
Suggested preliminary reading: Brogan, M & Spencer, D Surviving Law School, 2nd ed, Oxford University Press, 2008
Chisholm, R & Nettheim, G Understanding Law, 7th ed, LexisNexis Butterworths, 2007; OR
Harlow, C Understanding Tort Law, 3rd ed, Thomson/Sweet & Maxwell, 2005

Resources


Refer to the course outline prior to the beginning of the relevant semester.