70110 Introduction to Law
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Subject handbook information prior to 2024 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 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.
An overall introduction to the subject is provided in the ‘Get Started’ Module. The subject topics are then structured in eleven Modules numbered 1-11. The Modules comprise topics which address learning about the Australian legal system and the civil, criminal and business relationships it regulates, and several topics covering public international law. Modules 1-3 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 Modules 4-9. Modules 10-11 explore international law with some reflection on the relationship of Australian law to international law. Module 12 enables students to revise the main topics for exam preparation.
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; |
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| 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; and |
| 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
A coherent understanding of fundamental areas of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1) - Collaboration
Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
a. An ability to give and receive feedback;
b. Appropriate professional and interpersonal skills in working collaboratively;
c. A capacity to develop strategies to successfully negotiate group challenges; and
d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)
Teaching and learning strategies
Strategy 1: Independent preparation for Tutorials
All tutorial details will be posted on the Canvas site for this subject.
Preparation for tutorials requires students to listen to the recorded 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 questions.
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. This may involve critical analysis of the Australian legal system and how this specifically relates to the law of contracts, torts, consumer protection and business entities.
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
To actively engage in tutorials students must first listen to the recorded lectures. Lectures will be recorded and uploaded in Canvas 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 recorded lectures before each tutorial. The recorded lectures 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 are mainly driven by active engagement and interaction. 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 recorded lectures and tutorials.
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 4-5 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 4-5 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, consumer protection and business entities) and international law (such as human rights and the environment) Feedback is provided weekly during the tutorials. The tutor will correct and expand upon student responses to tutorial problem and discussion 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 self- assessment quizzes, which conclude each module. 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:
This subject is delivered by way of weekly recorded lectures and tutorials. Please refer to Canvas and the timetable for more details.
Content (topics)
The topic structure is as follows:
- Introduction to the Australian legal system taught over three weeks:
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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.
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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.
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- Contract Law I – The elements of a valid contract and how to avoid contractual impediments
- Contract Law II – Contractual breaches, termination of the contract and remedies for breach of contract
- Exploring the different roles and functions of two significant categories of law – Tort Law and Criminal Law
- Legal research and legal problem solving
- Consumer protection law and the 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 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: LAW.1.1, LAW.3.1, LAW.5.1 and LAW.6.1 |
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| Weight: | 15% |
| Length: | Tutorials: 500 words equivalent Note: Written documents are not required to be submitted for Tutorials. |
| 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: LAW.1.1, LAW.3.1 and LAW.5.1 |
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| Weight: | 35% |
| Length: | 1500 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, 2 and 3 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1 and LAW.5.1 |
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| Weight: | 50% |
| Length: | 2,000 words equivalent |
| Criteria: |
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Required texts
Andy Gibson , Business Law 2024 12 ed Pearson Australia ( modules 1-9)
Recommended texts
- Clarke B,and Maogoto J International Law (nutshelll series) Thomson Reuters 2nd ed 2009
- Carter J W, Carter's Guide to Australian Contract Law JW Carter Publishing 4th ed 2022
- Graw S An Introduction to the Law of Contact Thomson Reuters 2021 10th ed
- Lowe A International Law Oxford 2007
- Paterson J, Corones' Australian Consumer Law Thomson Reuters 2023 5th ed
- Patterson J and Robertson A Contract Cases and Materials Thomson Reuters 2020 14th ed
- Robertson A and Patterson J Principles of Contract Law Thomson Reuters 2020 6th Ed
- Turner C and Trone J Australian Commercial Law Lawbook Co 2022 34th ed
- Turner C, Trone, J and Gamble R Concise Australian Commercial Law Lawbook Co 2023 7th ed
Other resources
- Blay S Torts (nutshell series) Lawbook Co 6th Ed 2010
- Chisholm R and Nettheim G Understanding Law: An Introduction to the Australian Legal System. Butterworths 8th ed 2012
- Concise Australian Legal Dictionary Lexis-Nexis Butterworths
- Crossling G and Murphy H. How to Study Business Law.Butterworths 4th ed 2009
- Fitzpatrick J, Symes C, Veljanovski A and Parker D Business and Corporations Law LexisNexis 2011
- Gibson A and Fraser D ( nutshell series) Business Law Law Book Co 3rd Ed 2011
- James N Business Law 4th ed Wiley2017
- Latimer P. Australian Business Law Oxford University Press 2016
- Lindsay G Contract (nutshell series) Lawbook Co 7th Ed 2014
- Meek M Australian Legal System ( nutshell series) Lawbook Co 5th Ed 2016
- Richards B and de Zwart Tort Law Principles Thomson Reuters 2nd Ed 2017
Useful Websites
- Find Law Australia www.findlaw.com.au
- Legislation (NSW) www.legislation.nsw.gov.au
- Legislation (C’lth) www.comlaw.gov.au
- High Court www.hcourt.gov.au
- Federal Court www.fedcourt.gov.au
- Consumer web site www.consumer.gov.au/
- ACCC www.accc.gov.au
- Austlii www.austlii.edu.au
- Law link NSW http://www.lawlink.nsw.gov.au/
- International Court of Justice http://www.icj-cij.org/en
- United Nations Security Council http://www.un.org/en/sc/
- United Nations Charter http://www.un.org/en/charter-united-nations/
- World Trade Organisation https://www.wto.org/