units

LAW7212

Faculty of Law

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Monash University Handbook 2011 Postgraduate - Unit

6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedClayton Term 1 2011 (On-campus block of classes)
Clayton Term 3 2011 (On-campus block of classes)
Coordinator(s)Ms Azadeh Dastyari (T1-57); Dr Yet Bryant (T3-57)

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:

  1. developed an understanding of the legal and political institutions in Australia
  2. developed an understanding of the sources of law in Australia and the interrelationship between case law and statute law
  3. acquired an ability to read and analyse cases and an understanding of the process by which case law evolves
  4. 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
  5. learned how to search for and locate cases, statutory law and secondary materials in the Law Library
  6. acquired an understanding of the requirements of good legal writing, including basic matters of style
  7. met the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Legal Process and Overview of Intellectual Property (topic group A, part 1).

Assessment

Research paper (3750 words): 50% and
Examination (2 hours): 50% or
Take-home examination (3750 words): 50% (to be determined by the unit lecturer)

Chief examiner(s)

Ms Azadeh Dastyari (Term 1)
Dr Yet Bryant (Term 3)

Contact hours

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