Course overview
- Study period
- Semester 1, 2025 (24/02/2025 - 21/06/2025)
- Study level
- Postgraduate Coursework
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
This course will introduce students to the history, sources, principal legal concepts, institutions, and methodology of the common law in Australia. The course will provide students whose backgrounds are not in the common law with a sound basis for further study in a common law system.
This course is designed to give an overview of the fundamental structure, institutions and traditions of the common law, to enable students to undertake other courses which presume a knowledge of the common law. In this way students will be equipped to successfully complete other courses in the Master's programs and to study specific areas of Australian law.
Thus, this course covers key features of the Australian legal system. It identifies the sources of Australian law, theﾠinstitutional settings in which the law operates, and the methodology and jurisprudence of common law. Case analysis and statutory interpretation in aﾠcommon law context are included as well as an overview of the adversarial approach to litigation. In addition to the substance of the Australian legal system, students will be introduced to the legal research skills necessary to successfully complete other courses in the Masters programs.
Course requirements
Assumed background
It is assumed that students who enrol in this course will either have an undergraduate degree in law from an institution in a non-common law country, or have a degree in a related discipline and relevant work experience in that field. This course also provides an important foundation in the common law method for exchange students.
Prerequisites
You'll need to complete the following courses before enrolling in this one:
Approval by Director of Postgraduate Coursework Programs
Incompatible
You can't enrol in this course if you've already completed the following:
LAWS1100 or 7000 or 7010
Restrictions
LLM, MICLaw
Quota: Minimum of 12 enrolments
Course contact
Course staff
Lecturer
Guest lecturer
Dr Andrew Fell
Professor Rain Liivoja
Mr Christopher Nuttall
Timetable
The timetable for this course is available on the UQ Public Timetable.
Additional timetable information
The early, intensive, nature of this course is designed to equip students with an overview of common law methodologies and institutions in preparation for other studies which they will be undertaking during the semester.
Running parallel to LAWS7936 are Workshops on English for Academic Communication (EAC). These are not compulsory but are extremely helpful to students especially if English is not your first language.
Aims and outcomes
Teaching Mission Statement
The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.
Course Aims
This course is designed for those with no formal knowledge of the Australian legal system.ﾠ It aims to introduce key features of the law such as: sources, terminology, presumptions, institutions, methodologies and application, with emphasis on the role of case law and statutory law within the Australian legal system.
Learning outcomes
After successfully completing this course you should be able to:
LO1.
Demonstrate an understanding of the Common Law system of justice and the main ways in which it differs from other legal systems;
LO2.
Understand the way in which the Australian legal system operates;
LO3.
Articulate the role of case law and statutory law in the Australian legal system;
LO4.
Demonstrate knowledge of the legal institutions within which the Australian legal system operates;
LO5.
Effectively and efficiently locate both print and electronic sources of law; and
LO6.
Communicate effectively and professionally, using writing styles which reflect the conventions of academic and legal expression and organisation.
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Paper/ Report/ Annotation |
Research Plan
|
15% |
14/03/2025 2:00 pm |
| Quiz |
In Class Quizzes
|
35% |
3/03/2025 1:05 pm 10/03/2025 1:05 pm 17/03/2025 1:05 pm
Students who cannot or do not attend the seminar when the quiz is held, will do a short viva (oral questions and answers [in person]) in place of the written quiz. |
| Essay/ Critique |
Assignment
|
50% |
14/04/2025 2:00 pm |
Assessment details
Research Plan
- Online
- Mode
- Written
- Category
- Paper/ Report/ Annotation
- Weight
- 15%
- Due date
14/03/2025 2:00 pm
- Learning outcomes
- L01, L05, L06
Task description
Outline in one page how you will conduct research for a law essay. The topic for the proposed essay's legal issue will be given to you in class.
A research plan is the first step before writing a proposal (which is longer and more detailed) and then the subsequent research essay. Your plan is the blueprint for how you will conduct your research and approach the topic it sets out your initial thoughts logically and concisely.
Key components:
- Research question: set out concisely.
- Subsidiary or sub-questions, or, the steps needed to address the research question.
- Methodology: explain how you will conduct your research (comparative, quantitative, case law, doctrinal analysis).
- Key sources: Identify which sources of law you will use - why they are relevant and how you will locate them. Demonstrate this by including references/citations for three key sources.
- Reflection: outline challenges, significance and ease of research.
Artificial Intelligence (AI) and Machine Translation (MT) provides emerging tools that may support students in completing this assessment task. Students may appropriately use AI and/or MT in completing this assessment task. Students must clearly reference any use of AI or MT in each instance. A failure to reference generative AI or MT use may constitute student misconduct under the Student Code of Conduct Policy.
Submission guidelines
The plan must be submitted electronically via the submission link on the course Blackboard site.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
Where an extension for an assessment item due within the teaching period in which the course is offered is available, any extension is limited to one week (7 days). In exceptional circumstances, extensions may be granted for more than one week, but in no case will an extension exceed four weeks (28 days) in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure .
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
In Class Quizzes
- In-person
- Mode
- Written
- Category
- Quiz
- Weight
- 35%
- Due date
3/03/2025 1:05 pm
10/03/2025 1:05 pm
17/03/2025 1:05 pm
Students who cannot or do not attend the seminar when the quiz is held, will do a short viva (oral questions and answers [in person]) in place of the written quiz.
- Learning outcomes
- L01, L02, L03, L04
Task description
In class Quizzes (35 marks total)
Format: Short-answer questions on core course content.
Each quiz will take place during the seminar, in-class (in-person). There will be three quizzes in total. (There will be a practice Quiz in week 1, which does not count for the grade.)
To do well on the Quiz, you should be actively engaged in each seminar, view course videos and content contained on course PowerPoints (available on Blackboard).
Weighting:
Quiz 1 = 10 marks: Monday of Week Two
Quiz 2 = 10 marks: Monday of Week Three
Quiz 3 =15 marks.: Monday of Week Four
This assessment task is to be completed in-person. The use of generative Artificial Intelligence (AI) or Machine Translation (MT) tools will not be permitted. Any attempted use of Generative AI or MT may constitute student misconduct under the Student Code of Conduct Policy.
Submission guidelines
Deferral or extension
You may be able to defer this exam.
Deferral will be as an oral test.
Late submission
Students who cannot or do not attend the seminar when the quiz is held or are late arriving and the quiz has been conducted, will do a short viva (oral questions and answers [in person]) in place of the written quiz.
Assignment
- Online
- Mode
- Written
- Category
- Essay/ Critique
- Weight
- 50%
- Due date
14/04/2025 2:00 pm
- Learning outcomes
- L01, L02, L03, L04, L05, L06
Task description
Evaluate three LAWS7936 research essays. Read each and determine which essay is better and justify why.
In your evaluation, consider and provide specific examples of:
- Structural and conceptual strengths/ weaknesses.
- Whether the essay answers the research question.
- Relevance and depth of research.
- Readability.
- Accuracy of content, including accuracy of citations and their compliance with AGLC. (4th ed).
Word count: maximum 2000 words.
This assessment task evaluates each student’s knowledge and understanding of the common law, their research and referencing knowledge, and their ability to reflect and evaluate legal research and writing. The activity of assessing and evaluating someone else’s work highlights a students’ own knowledge and skills.
Artificial Intelligence (AI) and Machine Translation (MT) provides emerging tools that may support students in completing this assessment task. Students may appropriately use AI and/or MT in completing this assessment task. Students must clearly reference any use of AI or MT in each instance. A failure to reference generative AI or MT use may constitute student misconduct under the Student Code of Conduct Policy.
Submission guidelines
Assignments must be submitted electronically via the submission link on the course Blackboard site.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
Where an extension for an assessment item due within the teaching period in which the course is offered is available, any extension is limited to one week (7 days). In exceptional circumstances, extensions may be granted for more than one week, but in no case will an extension exceed four weeks (28 days) in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure .
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
| Grade | Cut off Percent | Description |
|---|---|---|
| 1 (Low Fail) | 0 - 19 |
Absence of evidence of achievement of course learning outcomes. |
| 2 (Fail) | 20 - 47 |
Minimal evidence of achievement of course learning outcomes. |
| 3 (Marginal Fail) | 48 - 49 |
Demonstrated evidence of developing achievement of course learning outcomes |
| 4 (Pass) | 50 - 64 |
Demonstrated evidence of functional achievement of course learning outcomes. |
| 5 (Credit) | 65 - 74 |
Demonstrated evidence of proficient achievement of course learning outcomes. |
| 6 (Distinction) | 75 - 84 |
Demonstrated evidence of advanced achievement of course learning outcomes. |
| 7 (High Distinction) | 85 - 100 |
Demonstrated evidence of exceptional achievement of course learning outcomes. |
Supplementary assessment
Supplementary assessment is available for this course.
Learning resources
You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.
Library resources
Find the required and recommended resources for this course on the UQ Library website.
Additional learning resources information
- http://www.ag.gov.au/ﾠ- Australian Government Attorney-General’s Department Law Siteﾠ
- http://www.austlii.edu.au/ - AustralasianﾠLegal Information Institute (Australian case law and legislation)
- http://www.comlaw.gov.au/ - Commonwealth legislation
- http://www.legislation.qld.gov.au/Legislation.htm - Office of the Queensland Parliamentary Counsel (Queensland legislation)
- http://www.library.uq.edu.au/law/lawsites.phtmlﾠ- Students should refer to the U of Q Law Library’s Legal Research Guide for additionalﾠresources
Learning activities
The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.
Filter activity type by
Please select
| Learning period | Activity type | Topic |
|---|---|---|
Week 1 (24 Feb - 02 Mar) |
Seminar |
Session 1 Introduction and Course Orientation 9:00 - 10:00 Welcome and Course Orientation. |
Practical |
Legal writing, communication and comprehension 10:00 - 11:30 UQ College to conduct a practical writing task. Learning outcomes: L06 |
|
Seminar |
Session 2 Legal Writing Skills I 11:30 - 12:30 Research Plans and Proposals. Plagiarism and use of AI. Learning outcomes: L06 |
|
Seminar |
Session 3: Australian Legal and Political System and the Constitution 13:30 - 15:00 The Australian Legal and Political System and Constitutional Framework. Learning outcomes: L01, L04 |
|
Workshop |
Session 4 Library Research Workshop 15:30 - 16:30 Starting legal research: Primary and Secondary Resources. Introduction to the law library and an overview of the basics of legal research. Learning outcomes: L05 |
|
Seminar |
Session 5: Development of the Common Law 16:30 - 17:00 The Development of the Common Law in England and subsequently in Australia. Learning outcomes: L01, L04 |
|
Seminar |
Session 6 Australian Courts of Law Tuesday 25 February : 14:00 - 15:30 Australian Courts of Law: court hierarchy in Australia and the operation of stare decisis. Key institutions: judiciary, legal practitioners, DPP. Learning outcomes: L01, L04 |
|
Seminar |
Session 7 : Comparative Analysis Tuesday 25 February 15:45 - 16:30 Comparative analysis: Two streams - Socialist civil law and European Civil Law Learning outcomes: L01, L02 |
|
Seminar |
Session 8: International Law Tuesday 25 February: 16:30 - 17:00 International Law in the Common Law Method. Learning outcomes: L01, L02, L04 |
|
Seminar |
Session 9: Case Law Wednesday 26 February 14:00 - 16:00 Operation of Case Law & Precedents. Case Studies: Terra Nullius to Mabo and Beyond. Learning outcomes: L01, L02, L04 |
|
Seminar |
Session 10 Comparative analysis Wednesday 26 February 16:00 - 17:00 Comparing the role of cases and methods of citation. Two streams. Learning outcomes: L01, L03, L06 |
|
Week 2 (03 Mar - 09 Mar) |
Seminar |
Session 11 Legislation in the common law system 13:30 - 15:30 Legislation Learning outcomes: L01, L02, L06 |
Seminar |
Session 12 16:00 - 17:00 How legislation is enacted and interpreted. Learning outcomes: L01, L02, L04 |
|
Week 3 (10 Mar - 16 Mar) |
Seminar |
Session 13 Legal Writing Skills II 13:30 - 14: 00 In class-problem solving exercises using legislation (Queensland Criminal Code) and cases. IRAC. Learning outcomes: L02, L03, L06 |
Seminar |
Session 14 : The Criminal Trial 14:00 - 15:30 The Criminal Trial: Australian criminal proceedings. Features of an adversarial system. Mock trial in the Moot Court. Learning outcomes: L01, L02, L03, L04 |
|
Seminar |
Session 15 Comparative Analysis 15:45 - 16:30 Comparative Analysis: Adversarial v Inquisitorial. Learning outcomes: L01, L02, L04 |
|
Seminar |
Session 16 16:30 - 17:00 Equity: origin and role. Learning outcomes: L01, L06 |
|
Week 4 (17 Mar - 23 Mar) |
Seminar |
Session 17 Legal Writing Skills I11 14:00 - 15:30 The assignment - structure, argument, sources and referencing. Learning outcomes: L01, L02, L03, L04, L05, L06 |
Seminar |
Session 18 Overview, consultation and discussion 15:00 - 17:00 Overview, consultation, questions and discussion. Learning outcomes: L01, L06 |
Policies and procedures
University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:
- Student Code of Conduct Policy
- Student Integrity and Misconduct Policy and Procedure
- Assessment Procedure
- Examinations Procedure
- Reasonable Adjustments - Students Policy and Procedure
Learn more about UQ policies on my.UQ and the Policy and Procedure Library.
School guidelines
Your school has additional guidelines you'll need to follow for this course: