School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Legal Process
  • Unit Code

    LAW1116
  • Year

    2017
  • Enrolment Period

    1
  • Version

    3
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Mr Kenneth Ee-Fan YIN

Description

This unit imparts basic skills in primary and secondary legal research, legal writing and problem solving. This unit will begin with an examination of the following: the sources of Australian law; The Australian Court system and hierarchy; common and civil law systems; criminal and civil law procedures; the doctrine of precedent; ratio decidendi; obiter dicti and stare decisis. Statutes and methods of interpreting them will also be considered at this stage.The skills components of the unit comprises instruction on how to read a case, how to cite legal materials properly, how to apply legal principles derived from case law and other sources to a set of facts, and how to actually apply different statutory interpretation approaches, in a process of legal analysis and legal problem solving.

Co-Requisite Rule

Only students studying K30,K50,K58,V72,Y04,Y11,Y66,Y67 X01,X03,X05, Y88, Y70, Y65, K34, 999 and G95 (MABUUT - Law in Business ) can enrol into this unit.

Equivalent Rule

Unit was previously coded LAW560E, LAW5704

Learning Outcomes

On completion of this unit students should be able to:

  1. Confidently approach the solving of legal problems.
  2. Answer legal problem questions through a process of identification of issues, legal research and application of the law to the facts.
  3. Demonstrate skills in primary and secondary legal research.

Unit Content

  1. Sources of law.
  2. Doctrine of precedent.
  3. Law problem solving.
  4. Australian court structure.
  5. Approaches to statutory interpretation.
  6. Case briefs, namely the exercise of preparing a brief to counsel.
  7. Australian law system and procedures.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students attend a weekly two hour lecture and one hour tutorial. The lecture format is interactive. Students receive detailed lecture summaries and are encouraged to explore the legal issues arising from each topic. Off-campus students will access the unit via Blackboard. Regular online access is required. All resources are provided via Blackboard. Students participate in weekly tutorial tasks and interactive discussions. Some online tutorials will make use of technology that requires participants to have a headset with microphone.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
EssayCase brief20%
TestTest20%
AssignmentLegal problem solving40%
ParticipationTutorial participation20%
ONLINE
TypeDescriptionValue
EssayCase brief20%
TestTest20%
AssignmentLegal problem solving40%
ParticipationOnline discussion and participation20%

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW1116|3|1

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Legal Process
  • Unit Code

    LAW1116
  • Year

    2017
  • Enrolment Period

    2
  • Version

    3
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Mr Kenneth Ee-Fan YIN

Description

This unit imparts basic skills in primary and secondary legal research, legal writing and problem solving. This unit will begin with an examination of the following: the sources of Australian law; The Australian Court system and hierarchy; common and civil law systems; criminal and civil law procedures; the doctrine of precedent; ratio decidendi; obiter dicti and stare decisis. Statutes and methods of interpreting them will also be considered at this stage.The skills components of the unit comprises instruction on how to read a case, how to cite legal materials properly, how to apply legal principles derived from case law and other sources to a set of facts, and how to actually apply different statutory interpretation approaches, in a process of legal analysis and legal problem solving.

Co-Requisite Rule

Only students studying K30,K50,K58,V72,Y04,Y11,Y66,Y67 X01,X03,X05, Y88, Y70, Y65, K34, 999 and G95 (MABUUT - Law in Business ) can enrol into this unit.

Equivalent Rule

Unit was previously coded LAW560E, LAW5704

Learning Outcomes

On completion of this unit students should be able to:

  1. Confidently approach the solving of legal problems.
  2. Answer legal problem questions through a process of identification of issues, legal research and application of the law to the facts.
  3. Demonstrate skills in primary and secondary legal research.

Unit Content

  1. Sources of law.
  2. Doctrine of precedent.
  3. Law problem solving.
  4. Australian court structure.
  5. Approaches to statutory interpretation.
  6. Case briefs, namely the exercise of preparing a brief to counsel.
  7. Australian law system and procedures.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students attend a weekly two hour lecture and one hour tutorial. The lecture format is interactive. Students receive detailed lecture summaries and are encouraged to explore the legal issues arising from each topic. Off-campus students will access the unit via Blackboard. Regular online access is required. All resources are provided via Blackboard. Students participate in weekly tutorial tasks and interactive discussions. Some online tutorials will make use of technology that requires participants to have a headset with microphone.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
EssayCase brief20%
TestTest20%
AssignmentLegal problem solving40%
ParticipationTutorial participation20%
ONLINE
TypeDescriptionValue
EssayCase brief20%
TestTest20%
AssignmentLegal problem solving40%
ParticipationOnline discussion and participation20%

Core Reading(s)

  • Cook, C., Creyke, R., Geddes, R., Hamer, D. with T., & T. (2014). Laying down the law (9th ed.). ) Chatswood, Australia: LexisNexis Butterworths.

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW1116|3|2