Course overview
- Study period
- Semester 2, 2024 (22/07/2024 - 18/11/2024)
- 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 six 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. The Workshops are on Wednesdays - more details will be given in class.
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 Proposal and Workbook
|
30% |
8/08/2024 1:00 pm
Both will be submitted together. |
| Quiz |
In Class Quiz
|
25% |
12/08/2024 2:00 pm |
| Essay/ Critique |
Research Essay
|
45% |
2/09/2024 2:00 pm |
Assessment details
Research Proposal and Workbook
- Online
- Mode
- Written
- Category
- Paper/ Report/ Annotation
- Weight
- 30%
- Due date
8/08/2024 1:00 pm
Both will be submitted together.
- Learning outcomes
- L01, L04, L05, L06
Task description
WORKBOOK: 10 marks: On Blackboard you will find a Research Workbook which you will complete as you work through each of the steps guided by our librarians in the three library skills workshops. There is also a video prepared by the library to take you through each component of your legal research and the Law Research Guide gives additional assistance.
The workbook will aid and support your proposal. There needs to be a direct correlation. Through the Workbook, you will demonstrate both your skill in locating relevant primary and secondary sources of law and correctly citing these using AGLC 4.
RESEARCH PROPOSAL: 20 marks: As will be explained in class, a research proposal is an outline of the subject, structure, content and methodology proposed for your research essay.
The word limit for this piece of assessment is to be between 800 -1000 words. Any material beyond 1000 words will not be read.
For style and referencing, students should refer to the Australian Guide to Legal Citation.
The subject matter of the research proposal and the essay is expected to reflect your knowledge and research on your own legal system in a meaningful comparison with an aspect of the Australian legal system.
Artificial Intelligence (AI) provides emerging tools that may support students in completing this assessment task. Students may appropriately use AI in completing this assessment task. Students must clearly reference any use of AI in each instance. A failure to reference AI use may constitute student misconduct under the Student Code of Conduct.
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
An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to 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 Quiz
- In-person
- Mode
- Written
- Category
- Quiz
- Weight
- 25%
- Due date
12/08/2024 2:00 pm
- Learning outcomes
- L01, L02, L03, L04, L05, L06
Task description
The In-class Quiz will take place on the last day of the course.
It is to check that all LAWS7936 students have understood the key features of the common law method and the Australian legal system. LAWS7936 is a foundation course and other courses will require students to have this basic knowledge and understanding.
The format is a short answer quiz-style exam which will be completed in class (Seminar 19), or as a viva (oral questions and answers [in person]) for any students unable to attend seminar 19.
This assessment task is to be completed in-person. The use of generative Artificial Intelligence (AI) tools will not be permitted. Any attempted use of Generative AI may constitute student misconduct under the Student Code of Conduct.
Submission guidelines
Deferral or extension
You may be able to defer this exam.
Research Essay
- Online
- Mode
- Written
- Category
- Essay/ Critique
- Weight
- 45%
- Due date
2/09/2024 2:00 pm
- Learning outcomes
- L01, L02, L03, L04, L05, L06
Task description
The research essay will be on the topic which you have confirmed with the Course Coordinator after feedback on the research proposal. Any suggested changes or recommendations that the Course Coordinator made should be reflected in the final essay.
The research essay will employ comparative methodology.
The word limit is 3000 words, which does not include the bibliography (which is required) but does include footnotes. Any material beyond 3000 words will not be read.
For style and referencing, students must use the Australian Guide to Legal Citation 4. No other form of citation/referencing is acceptable.
The essay must use some of the cases, legislation secondary sources that were entered into the Research Workbook and references must be accessible from the UQ library Portal.
It must (1) use cases, legislation and secondary sources set out in the Research Workbook and (2) other references MUST be accessible from the UQ library portal.
It will employ a comparative methodology. It needs to take into account the feedback given on the research proposal and reflect any comments and recommendations provided for in the proposal.
Please refer to the marking criteria provided for an understanding of what is required in the research essay.
This assessment task evaluates each student’s knowledge and understanding of the common law, their research skill in locating appropriate current sources, and an ability to reflect and evaluate the law using a comparative law methodology (as discuss in the course seminars).
Artificial Intelligence (AI) provides emerging tools that may support students in completing this assessment task. Students may appropriately use AI in completing this assessment task. Students must clearly reference any use of AI in each instance. A failure to reference AI use may constitute student misconduct under the Student Code of Conduct.
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
An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to 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
Library resources are available 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 (22 Jul - 28 Jul) |
Seminar |
Introduction 9:00 - 10:00 Welcome and Course Orientation. |
Practical |
Session 1 Legal writing, communication and comprehension 10:00 - 11:30 UQ College to conduct a practical writing task. Learning outcomes: L06 |
|
Practical |
Session 2 Legal Writing Skills I 11:30 - 12:30 The Research Proposal. Learning outcomes: L06 |
|
Seminar |
Session 3 13:00 - 15:00 The Australian Legal and Political System and Constitutional Framework. Learning outcomes: L01, L04 |
|
Information technology session |
Session 4 Library Research Workshop 15:30 - 16:00 Getting started with legal research: Secondary Resources. Introduction to the law library. Learning outcomes: L05 |
|
Seminar |
Session 5 16:00 - 17:00 The Development of the Common Law in England and subsequently in Australia. Learning outcomes: L01, L04 |
|
Seminar |
Session 6 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 |
|
Workshop |
Session 7 Library Research Workshop 15:00 - 16:30 Guided library research on how to access cases and court decisions. Learning outcomes: L05 |
|
Seminar |
Session 8 16:30 - 17:00 International Law in the Common Law Method. Learning outcomes: L01, L02, L04 |
|
Seminar |
Session 9 14:00 - 16:00 Operation of Case Law & Precedents. Case Study: Terra Nullius to Mabo and Beyond. Learning outcomes: L01, L02, L04 |
|
Practical |
Session 10 Legal Writing Skills II 16:00 - 17:00 Cases in the Common law Citations and ALGC. Writing Case Notes. Learning outcomes: L01, L03, L06 |
|
Week 2 (29 Jul - 04 Aug) |
Seminar |
Session 11 Integration and Review 13:00 - 14:00 Review of common law method (from week one)- exercises and questions. Case Notes. Learning outcomes: L01, L02, L06 |
Seminar |
Session 12 14:00 - 15:30 How legislation is enacted and interpreted. Learning outcomes: L01, L02, L04 |
|
Workshop |
Session 13 Library Research Workshop 15:30 - 16:00 Guided library research on how to find legislation and correct citation of legislation. Learning outcomes: L05 |
|
Seminar |
Session 14 16:00 - 17:00 Statutory Interpretation in the common law method. Learning outcomes: L02, L04 |
|
Week 3 (05 Aug - 11 Aug) |
Practical |
Session 15 Legal Writing Skills III 13:00 - 14: 30 In class-problem solving exercises using legislation (Queensland Criminal Code) and cases. IRAC. Learning outcomes: L02, L03, L06 |
Seminar |
Session 16 14:30 - 16:00 The Criminal Trial: Australian criminal proceedings. Features of an adversarial system. A mock trial in the Moot Court. Learning outcomes: L01, L04, L06 |
|
Seminar |
Session 17 16:00 - 17:00 The Law of Equity, its Relationship with Statute Law and its role in the Common Law method. Learning outcomes: L01, L04, L06 |
|
Week 4 (12 Aug - 18 Aug) |
Seminar |
Session 18 Legal Writing Skills IV 13:00 - 14:00 Research Paper: the structure for essay writing, argument construction, audience identification, referencing etc. Overview and Feedback. Learning outcomes: L01, L06 |
Seminar |
Session 19 Quiz 14:00 - 15:00 An in-class quiz on the Australian legal system and common law method: the key components covered in the course. Learning outcomes: L01, L02, L03, L04, L05, L06 |
|
Seminar |
Session 20 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: