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Australian legal system ( 6 points, SCA Band 3, 0.125 EFTSL)


Leader: Dr Melissa de Zwart, Associate Professor Adrian Evans, Dr Matthew Harvey, Mrs Moira Paterson

Clayton First semester 2006 (On-campus)
Clayton T1-58 2006 (On-campus)
Clayton T3-58 2006 (On-campus)
Clayton Term 3 2006 (On-campus)

Synopsis: Australian legal and political institutions, including the institutions of government and the constitutional framework. Sources of law in Australia, including the historical origins of our legal system, common law and equity, legislation and delegated legislation and the contemporary relationship between the courts and Parliament. Legal writing including an introduction to legal terminology, an overview of the different types of writing required in the Law School and a discussion of the criteria for assessment. Case law and statutory interpretation.

Objectives: On completion of the course students should have: (a) developed an understanding of the legal and political institutions in Australia; (b) developed an understanding of the sources of law in Australia and the interrelationship between case law and statute law; (c) acquired an ability to read and analyse cases and an understanding of the process by which case law evolves; (d) become familiar with significant principles of statutory interpretation and acquired an ability to interpret law and an understanding of the role of judges in interpreting legislation; (e) learned how to search for and locate cases, statutory law and secondary materials in the Law Library; (f) acquired an understanding of the requirements of good legal writing, including basic matters of style.

Assessment: Research paper (3750 words): 50% + Examination (2 hours): 50%

Contact Hours: LLM(LP) students - 5 hours per week x 5 weeks. LLM students - 24 contact hours, semi-intensive.