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.

Please note that there may be some modifications to the assessment schedule promoted in Handbook for Semester 1 2023 Units. All assessment changes will be published by 20th February 2023. All students are reminded to check the handbook at the beginning of semester to ensure they have the correct outline.

  • Unit Title

    Legal Process
  • Unit Code

    LAW1116
  • Year

    2023
  • Enrolment Period

    1
  • Version

    5
  • 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. The unit begins with an examination of the following: the sources of Australian law; The Australian Court system and hierarchy; common law systems; the doctrine of precedent; ratio decidendi; obiter dicti and stare decisis. Statutes and methods of interpreting them will also be considered. Unit skills development comprises of: 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,W28,Y04,Y11,Y66,Y67 X01,X03,X05 or 999 can enrol into this unit. Students studying the major: MABUUT (Law in Business) in the following courses can enrol into this unit: G95, W23, W24, W27, Y14, Y65, Y70 or Y88.

Equivalent Rule

Unit was previously coded LAW560E, LAW5704

Learning Outcomes

On completion of this unit students should be able to:

  1. Apply problem solving to legal questions through identification of issues and of rules, by applying those rules to the facts.
  2. Apply IRAC legal problem solving as an expression of syllogistic thought.
  3. Apply the fundamental principles of statutory interpretation in context.

Unit Content

  1. Sources of law.
  2. Doctrine of precedent.
  3. Syllogisms, IRAC and legal 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.

Learning Experience

ON-CAMPUS

Students will attend on campus classes as well as engage in learning activities through ECU's LMS

JoondalupMount LawleySouth West (Bunbury)
Semester 112 x 1 hour pass sessionNot OfferedNot Offered
Semester 113 x 3 hour seminarNot OfferedNot Offered
Semester 213 x 3 hour seminarNot OfferedNot Offered

For more information see the Semester Timetable

ONLINE

Students will engage in learning experiences via ECU’s LMS as well as additional ECU learning technologies

Additional Learning Experience Information

On-campus The lecture format is interactive. Students receive detailed lecture summaries and are encouraged to explore the legal issues arising from each topic. Online All resources are provided via LMS. 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. The tutorial series places a particular emphasis on Aristotelian logic, or syllogisms. Students will be guided through the parallels between syllogistic expression and the formulation of legal arguments.

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 School Progression Panel.

ON CAMPUS
TypeDescriptionValue
EssayCase brief20%
TestShort Answer Test30%
AssignmentLegal problem solving40%
ParticipationTutorial participation10%
ONLINE
TypeDescriptionValue
EssayCase brief20%
TestShort Answer Test30%
AssignmentLegal problem solving40%
ParticipationOnline discussion and participation10%

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.

Assessment

Students please note: The marks and grades received by students on assessments may be subject to further moderation. Informal vivas may be conducted as part of an assessment task, where staff require further information to confirm the learning outcomes have been met. All marks and grades are to be considered provisional until endorsed by the relevant School Progression Panel.

Academic Integrity

Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work as well as any generative artificial intelligence tools that may have been used. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.

Breaches of academic integrity can include:

Plagiarism

Copying the words, ideas or creative works of other people or generative artificial intelligence tools, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).

Unauthorised collaboration (collusion)

Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).

Contract cheating

Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.

Cheating in an exam

Using or having access to unauthorised materials in an exam or test.

Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.

ECU's policies and more information about academic integrity can be found on the student academic integrity website.

All commencing ECU students are required to complete the Academic Integrity Module.

Assessment Extension

In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.

Special Consideration

Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.

LAW1116|5|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 Reasoning
  • Unit Code

    LAW1116
  • Year

    2023
  • Enrolment Period

    2
  • Version

    8
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Mr Kenneth YIN

Description

This unit develops fundamental legal reasoning skills which are central to legal studies. In this unit, students will be trained to read and analyse cases, identify law principles and apply logic. Students will use principles of logic to answer problem-based questions in other substantive law units. This unit builds the skills required for the upcoming units and is essential for a graduate lawyer when solving legal problems in practice..

Co-Requisite Rule

Only students studying K30,K50,K58,V72,W28,W83,Y04,Y11,Y66,Y67 X01,X03,X05 or 999 can enrol into this unit. Students studying the major: MABUUT (Law in Business) in the following courses can enrol into this unit: G95, W23, W24, W27, Y14, Y65, Y70 or Y88.

Learning Outcomes

On completion of this unit students should be able to:

  1. Apply problem-solving skills to legal questions through the identification of issues and rules.
  2. Demonstrate syllogistic thought in a process of legal problem-solving.
  3. Synthesise an answer to a legal problem by applying principles of logic.

Unit Content

  1. Sources of law
  2. Doctrine of precedent
  3. Syllogisms, IRAC and legal problem solving.
  4. Counsel Briefs

Learning Experience

ON-CAMPUS

Students will attend on campus classes as well as engage in learning activities through ECU's LMS

JoondalupMount LawleySouth West (Bunbury)
Semester 112 x 1 hour pass sessionNot OfferedNot Offered
Semester 113 x 3 hour seminarNot OfferedNot Offered
Semester 213 x 3 hour seminarNot OfferedNot Offered

For more information see the Semester Timetable

ONLINE

Students will engage in learning experiences via ECU’s LMS as well as additional ECU learning technologies

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 School Progression Panel.

ON CAMPUS
TypeDescriptionValue
EssayCounsel brief30%
AssignmentLegal problem solving50%
ParticipationTutorial participation10%
TestQuiz10%
ONLINE
TypeDescriptionValue
EssayCounsel brief30%
AssignmentLegal problem solving50%
ParticipationOnline discussion and participation10%
TestQuiz10%

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.

Assessment

Students please note: The marks and grades received by students on assessments may be subject to further moderation. Informal vivas may be conducted as part of an assessment task, where staff require further information to confirm the learning outcomes have been met. All marks and grades are to be considered provisional until endorsed by the relevant School Progression Panel.

Academic Integrity

Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work as well as any generative artificial intelligence tools that may have been used. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.

Breaches of academic integrity can include:

Plagiarism

Copying the words, ideas or creative works of other people or generative artificial intelligence tools, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).

Unauthorised collaboration (collusion)

Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).

Contract cheating

Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.

Cheating in an exam

Using or having access to unauthorised materials in an exam or test.

Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.

ECU's policies and more information about academic integrity can be found on the student academic integrity website.

All commencing ECU students are required to complete the Academic Integrity Module.

Assessment Extension

In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.

Special Consideration

Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.

LAW1116|8|2