Outline

Overview

This unit of study is designed to introduce students to the foundational knowledge and skills for the study of law. Students learn the central features of the Australian legal system: its historical origins, sources of law, key institutions in the federal system, and fundamental concepts of law. The unit also introduces students to First Laws, the legal orders of Aboriginal and Torres Strait Islander peoples. There is a practical focus on building skills of legal reasoning and analysis with a particular focus on case analysis and statutory interpretation, as well as an introduction to legal problem solving. These practical skills are necessary to complete a law degree. In doing so, it provides opportunities for critical engagement in debates about the role of law in Australia and internationally. 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	Coel Kirkby, coel.kirkby@sydney.edu.au
Lecturer(s)	Coel Kirkby, coel.kirkby@sydney.edu.au
Tutor(s)	Fady Aoun, fady.aoun@sydney.edu.au
	Melissa Chen, melissa.chen@sydney.edu.au
	Nikila Kaushik, nikila.kaushik@sydney.edu.au
	Rebecca Millar, rebecca.millar@sydney.edu.au
	Elizabeth James, elizabeth.james@sydney.edu.au
	Coel Kirkby, coel.kirkby@sydney.edu.au
	Harriet Holowell, harriet.holowell@sydney.edu.au

Type	Description	Weight	Due	Length
Participation	Class Participation Participation	10%	Ongoing	n/a
Outcomes assessed:
Presentation	Group Case Analysis Presentation Group Presentation	20%	Ongoing	n/a
Outcomes assessed:
Assignment	Final Assignment Problem Question and Essay	40%	Week 11 Due date: 28 Apr 2023 at 16:00	2,500 words / 9 weeks
Outcomes assessed:
Small continuous assessment	Lecture Quizzes In-lecture quiz on Canvas during each Friday	30%	Weekly	15 minutes during each Friday lecture
Outcomes assessed:
= hurdle task ?

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 (20%):

Undertaken over three seminars in Week 1.
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 an alternate assessment task at the discretion of the unit coordinator, including a viva voce (oral) exam.

Lecture quizzes (30%):

Three total quizzes of 15-20 minutes each.
The quizzes will be completed online via Canvas.
Each quiz will be completed in class during the Friday 1-2pm lectures:
- Quiz 1: Friday, 10 February.
- Quiz 2: Friday, 17 February.
- Quiz 3: Friday, 24 February.
The final 30% mark will be awarded for the best mark received in the completed quizzes.
- Example 1: if a student completes three quizzes with marks of 80, 70 and 75 (out of 100), their final mark will by 24/30.
- Example 2: if a student completes only two quizzes with marks of 65, 0 and 70 (out of 100), their final mark will be 21/30.
Further guidance on Canvas, as appropriate.

This assignment will require students to answer a number of questions on the topics studied to date with a primary focus on knowledge and application of the respective weeks’ lecture topics.

It is essential that students bring a laptop connected to the internet to each Friday lecture. If you do not own a laptop, you may borrow one from the Library.

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 basic 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).

Special Consideration may be made only if all three quizzes are missed. Successful grants of Special Consideration may involve an alternate assessment task at the discretion of the unit coordinator, including a viva voce (oral) exam.

Final Assignment (40%):

Final assignment is a problem question and critical essay with a total of 2,500 words.
Requires students to analyse and comment on a given case in the light of topics we have studied in this unit.
The final assignment will be released on 24 February 2023 at 6pm (Sydney, Australia time).
The final assignment will be due on 28 April 2023 at 4pm (Sydney, Australia time).
Further guidance on Canvas, as appropriate.

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).

A successful Special Consideration application will result in an extension of time. If a further extension of time is required, the alternative may include a viva voce (oral) exam at the discretion of the unit coordinator.

Word limit: 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.

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.

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).

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. 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.

Learning support

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.

Weekly schedule

WK	Topic	Learning activity
Week -01	Case Law and Precedent I	Lecture (1 hr)
	Case Law and Precedent II	Lecture (1 hr)
	Statutory Interpretation I	Lecture (1 hr)
	Statutory Interpretation II	Lecture (1 hr)
	Statutory Interpretation III	Lecture (1 hr)
	Judges and Judging	Seminar (2 hr)
	Case Law and Precedent	Seminar (2 hr)
	Statutory Interpretation I	Seminar (2 hr)
	Statutory Interpretation II	Seminar (2 hr)
Week -02	First Laws and Common Laws	Lecture (4 hr)
	Sources of Law I	Lecture (1 hr)
	Sources of Law II	Lecture (1 hr)
	Sources of Law III	Lecture (1 hr)
	Legal Education and Ethics	Seminar (2 hr)
	First Law, Common Law and Legal Change	Seminar (2 hr)
	Legal Theory and the Rule of Law	Seminar (2 hr)
Week 01	Legal Research	Lecture (1 hr)
	Legal Writing	Lecture (1 hr)
	Concepts of Law	Lecture (1 hr)
	Academic Integrity	Lecture (1 hr)
	Revision	Lecture (1 hr)
	Legal Problem Solving	Seminar (2 hr)
	Case Presentations on Criminal Law	Seminar (2 hr)
	Case Presentations on Tort Law	Seminar (2 hr)
	Case Presentations on Constitutional Law and Equity	Seminar (2 hr)

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. See the library website: 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

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. Free access available through University Library.
Foundations of Law (Juris Doctor) 2023 Reading Materials. Make sure you select the correct reading materials for the stream you are enrolled in either the full time 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. Students are strongly advised to obtain a hard copy if possible. However, all materials will also be available online via the “Reading List” page on Canvas.
Other required reading set out in the Reading Guide and available on Canvas.

Learning outcomes

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.

Outcomes
Graduate qualities

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
Learning outcomes

Responding to student feedback

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.

Additional information

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.

Resources - Sydney Law Students

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.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS5000: Foundations of Law

Intensive March, 2023 [Normal day] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect