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Unit of study_

LAWS5000: Foundations of Law

Intensive March, 2024 [Normal day] - Camperdown/Darlington, Sydney

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
Elizabeth James, elizabeth.james@sydney.edu.au
Coel Kirkby, coel.kirkby@sydney.edu.au
Type Description Weight Due Length
Presentation group assignment Group Case Analysis Presentation (30%)
Group Presentation
30% Ongoing n/a
Outcomes assessed: LO1 LO2 LO3 LO5 LO6 LO7
Participation Class Participation (10%)
Participation
10% Ongoing n/a
Outcomes assessed: LO1 LO7 LO6 LO5 LO4 LO3 LO2
Assignment Final Assignment (Long Release) (40%)
Problem question and essay
40% Week 11
Due date: 26 Apr 2024 at 16:00

Closing date: 10 May 2024
2,500 words / 9 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
Small continuous assessment Lecture Quizzes (20%)
In-lecture quiz on Canvas each Friday
20% Weekly 15 minutes each Friday lecture
Outcomes assessed: LO1 LO6 LO5 LO4 LO3
group assignment = group assignment ?

Assessment summary

Seminar 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 oral and written analysis on legal issues (LO6) and on comprehending and critically analysing primary and secondary materials (LO5).

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 Case Analysis Presentation (30%):

  • Undertaken over three seminars in the final week of classes.
  • 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 (LO5). 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 (20%):

  • 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, 9 February.
    • Quiz 2: Friday, 16 February.
    • Quiz 3: Friday, 23 February.
  • The final 20% 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 16/20.
    • Example 2: if a student completes only two quizzes with marks of 65, 0 and 70 (out of 100), their final mark will be 14/20.
  • 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 light of topics we have studied in this unit.
  • The final assignment will be released on 23 February 2024 at 6pm (Sydney, Australia time).
  • The final assignment will be due on 26 April 2024 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 (LO5). In so doing, students will demonstrate their written skills of legal analysis (LO6) 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 and automated writing tools: In completing unsupervised assessments, students may use editors, proof-readers, and automated writing tools (including translation software, grammar checkers, reference generators and artificial intelligence), provided that all use is acknowledged and consistent with University policies and procedures including Academic Integrity Policy. Acknowledgment must be made in writing on the front of the work submitted for assessment, or in an appropriate footnote or other reference, and state the name of the person or software.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (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 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.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week -01 Indigenous Legal Orders Lecture (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
The Colonial State and its Legal Order Lecture (1 hr) LO1 LO2 LO3 LO4 LO5 LO6
The Constitution and its Laws Lecture (1 hr) LO1 LO2 LO3 LO4 LO5 LO6
The Common Law Lecture (1 hr) LO1 LO2 LO3 LO4 LO5 LO6
Reading the Common Law Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Case Law & Precedent Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Legal Theory and the Rule of Law Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 01 How to Read a Case Lecture (1 hr) LO1 LO2 LO3 LO4 LO5 LO6
How to Use Precedent Lecture (1 hr) LO1 LO2 LO3 LO4 LO5 LO6
How to Read a Statute Lecture (1 hr) LO1 LO2 LO3 LO4 LO5 LO6
How to Interpret a Statute Lecture (1 hr) LO1 LO2 LO3 LO4 LO5 LO6
How to Use the Modern Approach Lecture (1 hr) LO1 LO2 LO3 LO4 LO5 LO6
Judges and Judging Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Statutory Interpretation I Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Statutory Interpretation II Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Legal Problem Solving Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 02 How to Find Laws and Legal Sources Lecture (1 hr) LO1 LO2 LO3 LO4 LO5 LO6
How to Write Plain English for Lawyers Lecture (1 hr) LO1 LO2 LO3 LO4 LO5 LO6
Ideology and the Rule of Law Lecture (1 hr) LO1 LO2 LO3 LO4 LO5 LO6
How to Analyse and Answer Legal Problems Lecture (1 hr) LO1 LO2 LO3 LO4 LO5 LO6
Academic Honesty and Dishonesty Lecture (1 hr) LO1 LO2 LO3 LO4 LO5 LO6
First Law, Common Law and Legal Change Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Case Presentations I Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Case Presentations II Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Case Presentations III Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6

Attendance and class requirements

Attendance: All students are required to attend at least 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 submitting 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 Referencing and Citation Styles: AGLC4.

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

  • Foundations of Law (Juris Doctor) 2024 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 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. identify and describe to an advanced level, the key elements of the Australian legal system
  • LO2. differentiate between various sources of law and articulate their interrelationship
  • LO3. engage critically with legal materials including cases, statutes and commentary
  • LO4. apply critical analysis and legal reasoning to write about legal material effectively
  • LO5. evaluate the complexity involved in balancing power among parliament, courts, and the executive
  • LO6. research and critique the persisting tension between rules and discretion in law
  • LO7. refine and advance oral communication skills within a legal context

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.

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.