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Unit of study_

LAWS1006: Foundations of Law

Semester 1, 2023 [Normal day] - Camperdown/Darlington, Sydney

This unit of study provides a foundational core for the study of law. The aim is to provide a practical overview of the Australian legal system, an introduction to the skills of legal reasoning and analysis which are necessary to complete your law degree, and an opportunity for critical engagement in debate about the role of law in our lives. The course will introduce students to issues such as: (i) the development of judge made and statute law, with a particular focus on English and Australian legal history; (ii) the relationship between courts and parliament; (iii) the role and function of courts, tribunals and other forms of dispute resolution; (iv) understanding and interrogating principles of judicial reasoning and statutory interpretation; (v) the relationship between law, government and politics; (vi) what are rights in Australian law, where do they come from and where are they going; (vii) the development and relevance of international law. The course focus may be subject to change.

Unit details and rules

Unit code LAWS1006
Academic unit Law
Credit points 6
Prohibitions
? 
LAWS5000
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Micah Burch, micah.burch@sydney.edu.au
Tutor(s) David Hamer, david.hamer@sydney.edu.au
Jamie Glister, jamie.glister@sydney.edu.au
Micah Burch, micah.burch@sydney.edu.au
Peter Chiam, peter.chiam@sydney.edu.au
Aryan Mohseni, aryan.mohseni@sydney.edu.au
Mitheran Selvendran, mitheran.selvendran@sydney.edu.au
Nikki Teo, nikki.teo@sydney.edu.au
Ross Abbs, ross.abbs@sydney.edu.au
Stephen Tully, stephen.tully@sydney.edu.au
Melissa Chen, melissa.chen@sydney.edu.au
Amy Knibbs, amy.knibbs@sydney.edu.au
Jordan Smith, jordan.v.smith@sydney.edu.au
Neil Tomlin, neil.tomlin@sydney.edu.au
Type Description Weight Due Length
Assignment hurdle task Final essay
Essay
50% Formal exam period
Due date: 05 Jun 2023 at 17:00
2500 words / 3 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
Participation hurdle task Structured participation
In-class presentation
10% Ongoing n/a
Outcomes assessed: LO1 LO7 LO6 LO5 LO4 LO3 LO2
Participation hurdle task Unstructured participation
Participation
10% Ongoing n/a
Outcomes assessed: LO1 LO7 LO6 LO5 LO4 LO3 LO2
Supervised test
? 
hurdle task
Case analysis and commentary test
1 hour in-semester test (30 minutes reading time)
30% Week 08
Due date: 17 Apr 2023 at 08:30
1 hour
Outcomes assessed: LO1 LO3 LO4 LO5 LO6
hurdle task = hurdle task ?

Assessment summary

Unstructured Participation 10%

There are two components of class participation (structured and unstructured). The unstructured component is based on your contributions to the discussion in class. Students will be assessed on the following criteria:

1. Preparation (presentation): had the student read and was prepared to discuss the readings for the assigned week prior to coming to class?

2. Preparation (exercises): was the student prepared in advance for in-class exercises where required?

3. Contribution to small and large group discussions: did the student actively volunteer answers, asked relevant questions, express an opinion and analyse the contributions of others?

4. Group skills: did the student allow others to contribute, avoid class domination, share ideas with others, assist others, provide positive feedback to others and exhibit tolerance and respect for others?

5. Communication skills: did the student exhibit high quality expression, clarity, conciseness, use of appropriate vocabulary and confidence in speaking?

Structured Participation 10%

The structured component is an in-class presentation. Early in the semester, students will be allocated a question of exercise from the readings to present to class. Your task is to present to the class any aspect of the set topic, this may include any or all of the readings for that topic, it may also include coverage of the set tasks or questions contained in the Reading Guide.  Part of your task is to determine what is manageable in the set time.  As the topics, readings and set tasks differ between classes, you must consult with your tutor regarding the specific details of your presentation. 

You will be assessed on the following aspects of your presentation:

1. Demonstrated understanding of the topic

2. Preparation

3. Structure

4. Clarity

5. Engagement with class

6. Creativity

Feel free to use powerpoint slides, photos, videos, quizzes etc in your presentation.

This tests all learming outcomes 1-6.

Case Analysis and Commentary Test 30%

You will be provided with a case that you must read and prepare for an in-class assessment that will require you to discuss 1) the basic facts of the case, the legal issues, and how the court resolved the legal issues, 2) the interpretive methods used by the court, and 3) your opinion of the reasoning used in the case and its outcome.

The case note in-class assessment will be held on 17 April from 8.30-10am and tests all learning outcomes 1-6.

Final Essay 50%

You will be given a final essay topic. The aim of this assignment is to construct an original, well-sourced, and well-reasoned response in 2,500 words to one of the questions based upon critical reflection on the main themes introduced in the unit of study. The purpose of the essay is to examine your critical engagement with, and analysis of those themes and the unit of study materials. You are required to support your analysis with the materials in the unit of study. 

The final essay is released 15 May and due 5 June 5pm (Sydney, Australia time) and tests all learning outcomes 1-6.

 

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude all footnotes and any bibliography (if required).

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking).

Successful grants of Special Consideration may involve alternate assessment tasks, as appropriate. 

Assessment requirement to pass a unit of study

A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

Work receiving a high distinction grade will generally exhibit the following characteristics:

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

Work receiving a distinction grade will generally exhibit the following characteristics:

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

Work receiving a credit grade will generally exhibit the following characteristics:

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

Work receiving a pass grade will generally exhibit the following characteristics:

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

When you don’t meet the learning outcomes of the unit to a satisfactory standard.

For more information see sydney.edu.au/students/guide-to-grades.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof. For example, a submission after the due time but by 11.59pm on the due date will attract a 10% penalty. A submission after midnight of the due date for submission will attract a 20% penalty. A submission on the following day after midnight will attract a 30% penalty, and so on. Late penalties will be strictly applied.The date and time of submission as recorded by Canvas is taken as the official and final record of a student’s submission.

Academic integrity

The Current Student website  provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.  

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Week 01 Introduction Lecture and tutorial (3 hr) LO1 LO2 LO5 LO6
Week 02 Development and Change in the Australian Legal System I Lecture and tutorial (3 hr) LO1 LO2 LO3 LO5 LO6
Week 03 Development and Change in the Australian Legal System II Lecture and tutorial (3 hr) LO1 LO3 LO4 LO5 LO6
Week 04 Cases and Precedent I Lecture and tutorial (3 hr) LO2 LO3 LO5 LO6
Week 05 Cases and Precedent II Lecture and tutorial (3 hr) LO2 LO3 LO4 LO5 LO6
Week 06 Statutory Interpretation I Lecture and tutorial (3 hr) LO2 LO3 LO5 LO6
Week 07 Statutory Interpretation II Lecture and tutorial (3 hr) LO2 LO3 LO4 LO5 LO6
Week 08 Case Note Lecture and tutorial (3 hr) LO1 LO3 LO4 LO5 LO6
Week 09 The Constitutional Framework Lecture and tutorial (3 hr) LO1 LO3 LO4 LO5 LO6
Week 10 The Judiciary Lecture and tutorial (3 hr) LO1 LO3 LO4 LO5 LO6
Week 11 Access to Justice Lecture and tutorial (3 hr) LO1 LO3 LO4 LO6
Week 12 Law and Ethics Lecture and tutorial (3 hr) LO3 LO4 LO6
Week 13 International Law and Human Rights Lecture and tutorial (3 hr) LO3 LO4 LO5 LO6

Attendance and class requirements

  • Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

  • Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376 

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Robyn Creyke, David Hamer, Patrick O’Mara, Belinda Smith & Tristan Taylor, Laying Down the Law (LexisNexis Butterworths, 11th ed, 2020)

Details of other required readings will be available on the Reading Guide which will be posted on Canvas.

 

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. understand the basic elements of the Australian legal system
  • LO2. identify sources of law and how they relate to each other
  • LO3. actively engage with legal materials (cases, statutes and commentary)
  • LO4. demonstrate legal reasoning, critical analysis and critical reflection when thinking and writing about legal material
  • LO5. appreciate the complexity of balancing power between parliament, courts and the executive
  • LO6. investigate the ongoing tension between rules and discretion in law
  • LO7. develop and improve oral communication skills

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

Case analysis and commentary assignment changed from assignment to an in class test

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.