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Unit of study_

LAWS5000: Foundations of Law

Intensive March, 2022 [Normal day] - Remote

This unit of study is designed to provide students with a foundation for the study of law. It introduces students to the operation of the Australian legal system and the interaction of the courts and parliaments in a federal system. The unit has a practical focus of building skills of legal reasoning and analysis, with a particular focus on case analysis and statutory interpretation, and an introduction to legal problem solving. These practical skills are necessary to complete a law degree. This unit of study also includes an overview of the sources of law in the Australian legal system in its historical context, and an introduction to fundamental concepts of law. In doing so, it provides opportunities for critical engagement in debates about the role of law in Australia, including issues of law affecting indigenous peoples in Australia. Active class participation and discussion based on pre-reading is an essential aspect of the seminars.

Unit details and rules

Unit code LAWS5000
Academic unit Law
Credit points 6
Prohibitions
? 
LAWS1000 or LAWS1006
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Fady Aoun, fady.aoun@sydney.edu.au
Type Description Weight Due Length
Presentation hurdle task group assignment Group Case Analysis Presentation
Group Presentation
10% Multiple weeks n/a
Outcomes assessed: LO1 LO6 LO5 LO4 LO3 LO2
Participation Class Participation
Participation
10% Ongoing n/a
Outcomes assessed: LO6
Assignment Short release assignment
Assignment
20% Week 01
Due date: 24 Feb 2022 at 18:00

Closing date: 25 Feb 2022
1500 words / 6 days
Outcomes assessed: LO1 LO6 LO5 LO4 LO3 LO2
Final exam (Take-home short release) Type D final exam Take Home Exam
Case Analysis Exam
60% Week 04
Due date: 18 Mar 2022 at 10:00
3 hours
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
hurdle task = hurdle task ?
group assignment = group assignment ?
Type D final exam = Type D final exam ?

Assessment summary

Class participation (10%):

Students are expected to contribute to class debate and discussion as framed by the discussion questions and tasks set out in the Reading Guide and the assigned seminar readings. To prepare well for this ongoing assessment, students should do their assigned readings, and prepare written answers to seminar questions and tasks. These efforts, including summarising assigned readings, will help facilitate quality and constructive in class student contributions.  

This continuous assessment task will meet LO1 by requiring students to demonstrate a basic understanding of the Australian legal system and fundamental concepts and debates involving the Australian legal system. Students will develop student oral and written analysis on legal issues (LO6) and on comprehending and critically analysing primary and secondary materials.

This assessment task will also meet LO2 by requiring a basic understanding of how law is made or changed by case law and legislation in the context of social changes as well as LO3 by requiring students to demonstrate a basic understanding of the respective role of the courts, parliaments and the executive and appreciating the interaction of judge-made law and statute. This continuous assessment task may L04 require students to demonstrate a basic understanding of the principles of judicial reasoning and statutory interpretation (where relevant to the assigned seminar readings and materials).

Group Presentation (10%):

  • Undertaken in class in weeks 2, 3 or 4
  • Students will be assessed individually for their contributions to a group case analysis presentation with cases and groups allocated in Seminar 1.

Students (in their allocated group) will lead the discussion on an assigned case/reading. This case/reading will be allocated to students in Seminar 1. Students will be expected to read and analyse the reading/case, highlight the main arguments, interesting points, conclusions and offer some insights as to how the reading/case relates to other reading materials covered in the unit. Further guidance to be released on Canvas, as appropriate.

This assessment focuses on developing student oral and written analysis on legal issues (LO6) and on comprehending and critically analysing primary and secondary materials (LO6). The assessment will meet LO3 by requiring students to demonstrate a basic understanding of the interaction of the different branches of government and the interaction between statutes and judge-made law. The group presentation will also allow students to demonstrate an understanding of the Australian legal system and fundamental debates in the Australian legal system (LO1) as well as an appreciation as to how law is changed (LO2). 

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

Short release assignment (20%):

  • This assignment will require students to answer a number of questions on the topics studied to date, with a primary focus on skills on legal interpretation and analysis. Further guidance will be provided on Canvas, as appropriate. The assignment will be released on Canvas on 18 February at 6pm and is due 24 February 6pm.
  • Release: 18 February 2022 at 6pm 
  • Due date/time: 24 February 2022 at 6pm
  • Special Consideration outcome: Prior to the closing date (as specified in the Assessment Table) is an extension. After the closing date is to be determined by the discretion of the Course Convenor, as appropriate.

This assessment task assesses written legal analysis and comprehension skills (LO6), a basic understanding of the principles of judicial reasoning and statutory interpretation (LO4) and  student comprehension and critical analyses of primary and secondary case law (LO5) with a view to  applying such skills and knowledge to answer correctly problem question scenarios and/or short answer questions. In so doing, a basis understanding of the Australian legal system (LO1) and the roles of the courts, parliaments and the executive, and the interaction of judge-made law and statutes is required (LO3).  

Final Take Home Exam (60%):

  • The exam will be a duration of 3 hours plus 30 minutes reading time.
  • Complete a 3,000 word case analysis and commentary exam. 
  • Requires students to analyse and comment on a given case in the light of topics we have studied in this unit.
  • The exam will commence 18 March 2022 at 10am and conclude at 1.30pm 
  • Further guidance on Canvas, as appropriate.

A successful Special Consideration application will result in a replacement exam.

By reading and analysing a case and commenting on that case against the background of course materials, this assessment task requires students to demonstrate their skills in comprehending and critically analysing primary and secondary materials in law (LO6). In so doing, students will demonstrate their written skills of legal analysis (LO5) as well as an understanding of the principles of judicial reasoning and statutory interpretation (LO4). This case analysis and commentary, more generally assesses LO3 (a basic understanding of the roles of the three branches of government and the interaction of judge-made law and statutes), LO1 (a basic understanding of the Australian legal system and fundamental concepts and debates therein) and LO2 (a basic understanding of how law is made or changed by case law and legislation).

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

• 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

• 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

• 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

• 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

• Does not answer the question.
• Contains significant or numerous errors.
• Few or no identifiable arguments.
• Content that is inappropriate or irrelevant.
• Lack of research or analysis.
• Difficult or impossible to understand through poor grammar, expression or
structure.
• Overall, does not demonstrate the minimum level of competence in the
assessment.

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. This does not apply to exams where late submissions will not be accepted.

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
Multiple weeks Introduction to the Australian legal system Lecture (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Concepts of law; law and custom Lecture (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Sources of law in Australia Lecture (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Indigenous people and the law in Australia Lecture (1 hr) LO1 LO2 LO3 LO4 LO5 LO6
Case Law and the doctrine of precedent Lecture (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Legal change and indigenous people: Mabo (no 2) and beyond. Lecture (1 hr) LO1 LO2 LO3 LO4 LO5 LO6
Aspects of Australian Constitutional Law. Lecture (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Statutory interpretation I Lecture (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Statutory Interpretation II Lecture (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Developing the law in an age of statutes Lecture (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week -01 Case law and precedent Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Legal change in the common law Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Statutory interpretation I Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week -02 Law, Lawyers and Legal Education. Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Law, custom, and morality. The rule of law. Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 01 Statutory interpretation II Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
The Judicial Function and the role of judges Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Legal Change. IRAC method for legal problem solving Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 02 Case analysis group presentations on criminal law and procedure Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 03 Case analysis group presentations on Torts Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 04 Case analysis group presentations on constitutional law and Contracts/Equity Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6

Attendance and class requirements

  • Attendance: All students are required to attend 70% of live classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person and/or online attendance as per the delivery mode of the class. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.
  • Word count: Any part of a submitted assessment task which exceeds the prescribed word limit will not be read by the examiner. The total word count for written assessments will exclude bibliography; footnote numbers; footnote citation; cover page; and will include body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

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

  •  Robin Creyke, David Hamer, Patrick O’Mara, Belinda Smith and Tristan Taylor, Laying Down the Law (LexisNexis Butterworths, 11th ed, 2020). Hard copy available online or from Glebebooks, Glebe. E-book available for purchase from Lexis Nexis website. 

  • Foundations of Law (Juris Doctor) 2022 Reading Materials. Make sure you select the correct reading materials for the stream you are enrolled in either the full time Feb-Mar intensive or the Part-time evening stream as the reading materials for each are different. They are available from the University Copy Centre in the Sydney University Sports and Aquatic Centre, Maze Crescent, Darlington. All materials will also be available online via the “Reading List” page on Canvas but students are strongly advised to obtain a hard copy if possible. 

  • Other required reading set out in the Reading Guide and available 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. demonstrate a basic understanding of the Australian legal system and fundamental concepts and debates involving the legal system in Australia
  • LO2. demonstrate a basic understanding of how law is made or changed by case law and legislation in the context of social changes
  • LO3. demonstrate a basic understanding of the respective role of the courts, parliaments and the executive; and the interaction of judge-made law and statutes.
  • LO4. demonstrate a basic understanding of the principles of judicial reasoning and statutory interpretation
  • LO5. develop skills of comprehending and critically analysing primary and secondary materials in law
  • LO6. develop skills of oral and written analysis and communication about legal issues

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.

This unit has been continuously developed, taking into account student feedback in previous years and this year will seek to facilitate more interactive exercises in lectures, where possible.

Lectures: Some lectures in 2022 may be pre-recorded and available via the Canvas site. These will be in addition to live timetabled lectures. 

Teacher consultation guidelines: Please contact the lecturer in class or by email. Please use your University of Sydney email address, not a
private email address. Students should provide their student identification number and their full name, as well as any adopted name, when corresponding with academic staff.

 

 

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.