Outline

Overview

This is a compulsory unit for all postgraduate students who do not hold a law degree or equivalent from a common law jurisdiction entering the: Master of Administrative Law and Policy; Master of Business Law; Master of Environmental Law; Master of Environmental Science and Law; Master of Health Law; Master of Labour Law and Relations as well as Graduate Diplomas offered in these programs. The unit has been designed to equip students with the necessary legal skills and legal knowledge to competently apply themselves in their chosen area of law. Instruction will cover the legislative process; the judiciary and specialist tribunals; precedent; court hierarchies; legal reasoning; constitutional law; administrative law; contracts; and torts. Some elements of the unit will be tailored in accordance with the requirements of the particular specialist programs.

Unit details and rules

Unit code	LAWS6252
Academic unit	Law
Credit points	6
Prohibitions ?	LAWS6881
Prerequisites ?	None
Corequisites ?	None
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Celeste Black, celeste.black@sydney.edu.au
Lecturer(s)	Josh Pallas, josh.pallas@sydney.edu.au

Type	Description	Weight	Due	Length
Supervised test ?	In-semester test supervised in-class test	20%	Week 01 Due date: 21 Mar 2023 at 09:00	1 hour
Outcomes assessed:
Assignment	Short-Release Essay Written task	25%	Week 05 Due date: 21 Apr 2023 at 16:00 Closing date: 05 May 2023	1800 words / 72 hours
Outcomes assessed:
Assignment	Short-release Assignment Case Note and Problem Question	55%	Week 13 Due date: 16 Jun 2023 at 16:00 Closing date: 30 Jun 2023	3600 words / 7 working days
Outcomes assessed:

Assessment summary

In-semester test (20%): The in-semester test will be a supervised pen and paper test held in normal class time, commencing at 9am on Tuesday the 21st of March 2023. No electronic devices can be used. It is comprised of a number of short-response questions. The duration of the in-semester test will be 1 hour. The outcome of a successful Special Consideration application will be a replacement test.

Short-release essay (25%): Students must answer only one question from a list of questions that will be made available on Canvas at 4pm on 18 April 2023 and is due at 4pm on 21 April 2023 (Sydney, Austalia time). The essay has a 1800 word limit. The outcome of a grant of special consideration application may include an alternative task, at the discretion of the Unit Coordinator.

Short-release assignment – case note and problem question (55%): This assignment consists of two parts, a case note and a problem question, and has a combined word limit of 3600 words. The word count and relative weighting is further broken down into the following: 2100 words (35%) for the case note and 1500 words (20%) for the problem question. This assignment will be released on Canvas at 4pm on 6 June 2023 and is due at 4pm on 16 June 2023 (Sydney, Australia time). The outcome of a grant of special consideration application may include an alternative task, at the discretion of the Unit Coordinator.

The 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).

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).

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 at this level will generally: - answer the question completely; - contain striking originality of approach or analysis; - demonstrate exhaustive or innovative research (where research is required); - be exceptionally well written, structured and expressed’ - be exceptional in some other way.
Distinction	75 - 84	Work at this level will generally: - answer the question completely; - achieve a critical and evaluative approach to the issues; - be well structured and articulated, including in a way that supports any conclusions; - demonstrate strong research (where research is required) and analysis; - be well-documented, well expressed and free from errors.
Credit	65 - 74	Work at this level will generally: - answer the question by covering the main issues fairly well; - contain no significant errors; - attempt a critical approach to the issues; - demonstrate sound research (where research is required) and analysis; - have a clear structure and reasonably clear expression.
Pass	50 - 64	Work at this level will generally: - identify the key issues and try to engage with them to answer the question; - contain some significant errors; - offer a descriptive summary of relevant material; - use relevant material superficially, including by paraphrasing it without understanding it; - demonstrate limited research or analsysis; - be adequately expressed.
Fail	0 - 49	When you don’t meet the learning outcomes of the unit to a satisfactory standard. There are many ways to do this, but a common one is not answering the question but instead another question that you prefer. Work at this level may also: - contain significant or numerous errors; - contain few or no identifiable arguments; - contain inappropriate or irrelevant content; - demonstrate a lack of research or analysis; - be difficult or impossible to understand because of poor expression, grammar or structure.

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, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after 4.00pm but before the same time the following day, will attract a 10% penalty. 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. Late penalties do not apply to tests.

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
Ongoing	1. What are laws? 2. Origins and fundamental principles; 3. Classification of laws	Seminar (3.5 hr)
	4. SCANA [Student Communication and Needs Assessment] . A short online activity designed to give you insights into your academic language skills and connect you with relevant academic support to help you optimize your participation in your studies.	Workshop (1 hr)
	5. Courts and precedent; 6. Common law reasoning	Seminar (3.5 hr)
	7. Case analysis workshop	Workshop (2.5 hr)
	8. Legislation; 9. Statutory interpretation	Seminar (3.5 hr)
	10. Statutory interpretation workshop	Workshop (2.5 hr)
	11. Legal research and library skills	Workshop (3.5 hr)
	12. Legal writing; 13. Academic honesty.	Seminar (3.5 hr)
	14. Sub-disciplines of law: constitutional; administrative; criminal; private; international	Seminar (3.5 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.

For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.

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

All readings for this unit can be accessed through the Library Reading List tab, 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 the ability to identify the distinct sources of Australian law, the institutions responsible for making them and the general nature of the processes by which they are made;
LO2. demonstrate understanding of the relationships between different sources of Australian law, and understand the explanations for those hierarchies;
LO3. demonstrate understanding of which institutions of government are responsible for enforcing which Australian laws and adjudicating disputes under them;
LO4. demonstrate understanding of key principles that underpin the Australian legal system, such as the rule of law, separation of judicial power and Westminster government, and understand how the origins of these principles continue to influence their operation;
LO5. demonstrate awareness of the differences between public, criminal and private law, and be aware of key concepts and processes in several areas of law, including constitutional, administrative, criminal, torts, contract and international law;
LO6. demonstrate understanding of conventions and expectations of legal analysis and writing - such as clarity, precision, relevance and brevity - as well as methods of citation/attribution of legal/other sources;
LO7. demonstrate understanding of the doctrine of precedent and how it applies to Australian courts;
LO8. demonstrate that you can analyse a court judgment to identify the legal principle(s) for which it stands (ration(es) decidendi) and the reasoning that led to it;
LO9. demonstrate understanding of the processes by which courts interpret legislation, including use of definitions, processes to resolve ambiguity by resort to legislative purpose and resolution of inconsistency with other statutes.
LO10. demonstrate the ability to develop a legal argument in response to a question that is supported by evidence
LO11. demonstrate the ability to engage in critical analysis of legal materials and consideration of multiple perspectives

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.

Unit has been changed to increase the weighting and word length of the short essay to allow for earlier and more extensive feedback. The weighting of the final essay has been correspondingly reduced.

Additional information

Please note that it is an expectation that students will attend the workshop and complete the SCANA [Student Communication and Needs Assessment] Task in Session 4.

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

LAWS6252: Legal Reasoning and the Common Law System

Intensive April, 2023 [Block mode] - 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