Course Title: Identify and apply the legal framework

Part B: Course Detail

Teaching Period: Term2 2018

Course Code: LAW5745C

Course Title: Identify and apply the legal framework

School: 650T Vocational Business Education

Campus: City Campus

Program: C4386 - Certificate IV in Tertiary Preparation

Course Contact: Ms Vicki Mesiti

Course Contact Phone: +61 3 9925 5425

Course Contact Email: vicki.mesiti@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Nominal Hours: 60

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Pre-requisites and Co-requisites

None

Course Description

This unit describes the skills and knowledge required to research legal systems and jurisdictions within Australia.   It applies to individuals who use well-developed research skills to analyse and evaluate information from a variety of sources to provide support in a range of legal service settings.   No licensing, legislative or certification requirements apply to this unit at the time of publication.

 


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

BSBLEG413 Identify and apply the legal framework

Element:

1. Identify sources of law

Performance Criteria:

1.1 Identify main institutions of government in Australia

1.2 Research sources of Australian law

1.3 Assess rules for resolving conflicts of laws

Element:

2. Identify and analyse relationships between the Federal and the states and territories governments

Performance Criteria:

2.1 Identify legislative powers of Australian Federal Government and limits of that power

2.2 Analyse legislative powers of states and territories

2.3 Evaluate relationship between legislative powers of the Federal Government and state and territory governments

Element:

3. Differentiate between civil and criminal proceedings

Performance Criteria:

3.1 Identify and examine differences in law and procedures between civil and criminal proceedings

3.2 Analyse findings and determine which court would hear particular cases

 

Element:

4. Examine elements of adversary trial system

Performance Criteria:

4.1 Identify main features of adversary system of trial

4.2 Evaluate these features and determine how they apply in the legal environment

Element:

5. Examine elements of precedent

Performance Criteria:

5.1 Identify main features of principles of precedent

5.2 Analyse how precedent is applied in the legal environment

5.3 Examine and document outcomes of precedent

Element:

6. Examine legislation

Performance Criteria:

6.1 Examine principles for reading and interpreting legislation

6.2 Apply principles for reading and interpreting legislation in the legal environment


Learning Outcomes


  At successful completion of this course you should be able to:   •        Describe the structures and sources of Australian law. •        Evaluate the effect of a range of legal problems and determine appropriate responses for organisations through relevant strategies. •        Develop reasoned viewpoints, draw conclusions, and make recommendations after interpreting, analysing, and evaluating legal issues.

 


Details of Learning Activities

A range of learning activities are planned for this course including self-paced, collaborative classroom work based learning (WIL) activities.   The self-paced activities will be delivered through various technology platforms and include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.   The collaborative classroom based activities will include group discussion, group problem solving activities and opportunities to practice your skills in a simulated/real workplace environment which include relevant field trips. We expect you to participate and contribute in all scheduled learning activities.


Teaching Schedule

Course Schedule: Introduction to the Legal Process 

Semester 2: 2018

Week

Topic

Readings and Activities

Assessment

Week 1

Introduction to course-

Rules and Laws 

Understanding the Nature of Conflict

Reading: Introduction to the Australian Legal System Manual 1 p4 -Canvas Course Resources

Activity: Consolidation- Exploring the legal context from personal experience and discussion

 

Week 2

Legal Research Skills

Distinguishing Criminal Cases and Civil Disputes

Types of Conflict

Reading: www.austlii.edu.au

Manual 2 P4-14

Activity: Research tasks

Begin character profiles Bogabilla case study

Library Workshop 2nd session- "Legal Research Skills"

 

Week 3

Sources of Australian Law-Parliament

Reading: The Legislative Process p6 Manual See Canvas Course Resources

Visit to Parliament House

Introductory exercises "Parliament in context"

Video-parliamentary process

Continue character profiles-Bogabilla case study

 

Week 4

 

Sources of Australian Law-The Constitution

Reading:  Evolution of Parliament in Australia: Manual p3-5 See Canvas Course Resources

Activity: Consolidation questions

Continue character profiles-Bogabilla case study

-

Week 5

The Adversary System of Trial

 

Reading: The Adversary System  Manual 2 p2 See Canvas Course Resources

Visit to Victoria PoliceMuseum

Film The Adversary System Consolidation questions

Continue character profiles -Bogabilla case study

 

Week 6

The Australian Court Hierarchy-Federal Courts

Reading:Manual 1 p21-24 See Canvas Course Resources

Activity: Consolidation questions

Continue character profiles- Bogabilla case study

 

 

Week 7

The Australian Court System-State Courts

 Reading:Manual 1 p15-21

Activity: Consolidation questions

Criminal Justice Program Guest Speakers

Continue character profiles- Bogabilla case study

 

Week 8

 

The Australian Court System-State Courts

Reading: Manual 1 p15-21 See Canvas Course Resources

Activity: Assessment preparation

Assessment 1:Memorandum

Mid Semester Break

   

Week 9

Court Processes- Criminal and Civil Proceedings

Reading: Manual 2 p18-30 See Canvas Course Resources

Court Visits

Activity: Consolidation questions

 

Week 10

Precedent

Research-Finding Case Law

Reading: Manual 2 p40-46 -See Canvas Resources

Activity: Case studies and Consolidation questions

 

Week 11

Precedent-Statutory Interpretation

Reading: Manual 2 p48-52 -See Canvas Resources

Activity: Case studies and consolidation questions

Visit to Neighbourhood Justice Centre

 

Week 12

Alternative Dispute Resolution

Tribunals

Using Mediation to Resolve Conflict

Reading: p34-38 Manual 2 -See Canvas Course Resources

Activity: Case Studies, MDA video and Consolidation questions

 

Week 13

7th May 

Research and Presentation Skills

Assessment Preparation

 

 

Week 14

Presentation

 

Assessment 2: Presentation

Week 15-16

Resubmission period

 

 


Learning Resources

Prescribed Texts


References


Other Resources

Learning Resources

All learning resources are available within Canvas.  Resources include reading materials, videos and activities.  There are Collaborate Ultra (webinar) sessions and online discussion boards.

All resources are available in the Canvas LMS.

Online learning materials can be accessed by going into the RMIT web sites Online Learning Hub.

MyRMIT

The online learning materials listed include: 

• Course outlines • PowerPoint Presentations  • Course Reading Manuals  • Supporting Reading material  • Industry relevant articles  • Activities • Relevant legal websites   It is recommended that you have a pen and a notebook to take notes and a device for use in all your classes.


Overview of Assessment

In order to achieve competency in this unit, you must provide:

Performance Evidence   Evidence of the ability to:   • explain differences between Australian law making institutions • identify appropriate institutions to hear civil versus criminal proceedings • explain how adversarial system of trial operates • explain application and outcomes of principles of precedent • read and interpret legislation.   Note: If a specific volume or frequency is not stated, then evidence must be provided at least once.   Knowledge Evidence   To complete the unit requirements safely and effectively, the individual must:   • list institutions and main features of the Australian legal system • identify legal terminology in relation to areas of practice of law and relevant legal processes • outline methods used to identify appropriate information about sources of Australian law • list scope of responsibilities in context of legal framework.   Assessment Conditions   Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the legal services administration field of work and include access to:   • office equipment and resources • legislation and regulations relevant to common legal matters • people with expert knowledge.   Feedback    Feedback will be provided throughout the semester in class and/or online discussions. You are encouraged to ask and answer questions during class time and online sessions to obtain feedback on your understanding of the concepts and issues being discussed. You can also email or arrange an appointment with your teacher to gain further feedback on your progress.    You should take note of all feedback received and use this information to improve your learning outcomes and final performance in the course. 


Assessment Tasks

In order to be deemed competent in this course you will need to satisfactorily complete all of the following assessments:

  Assessment Task 1 - Legal Memorandum & Research Table (written report) Due Date:  End of Week 8  The aim of this assessment is for you to investigate the Australian legal system using primary and secondary sources and apply relevant principles of law.   You will need to produce:  

  • a research table listing relevant information source and a brief explanation about how each source is accessed
  • an explanatory legal memorandum which clearly addresses the issues raised and references all important legal materials (maximum 1-2 pages).

Feedback for this assessment will be provided in week 10.  

Assessment Task 2 - Presentation (Multimedia & Oral Presentation) Due Date: Week 14 Session 1  

Legal regulation and conflict resolution is a very important part of business and other organisations. You must prepare a presentation explaining to prospective new members of an organisation why an understanding of the law is essential for a successful business or organisation. You may use the Bogabiila case study to help you address the relevant topics or you are welcome to research an area of future professional interest. Your presentation must address the following points:

  • Define the terms statute law and precedent giving examples of each in relation to the case study
  • A detailed explanation of criminal law using two examples
  • A detailed explanation of civil law using two examples
  • Discuss examples of possible conflict situations such as those faced by Bernie in the Bogabiila case study and ways of resolving such conflict
  • Discuss ways of diverting cases from the justice system using alternative dispute resolution methods
  • Discuss current strategies of supporting victims of crime in the criminal justice process
  • Discuss services available for people seeking to resolve civil law issues such as those to do with  consumer law

Feedback for this assessment will be provided in week 16.  

NOTE:  Details about specific tasks and assessment criteria will be included in each of the Assessment tasks documents listed in Canvas (Learning Management System) under Assignments heading.


Assessment Matrix

No

Name of Assessment Task

Method of Assessment

Elements

Performance Criteria

Foundation Skills

Performance Evidence

Knowledge Evidence

Assessment Conditions

1.

Memorandum

Written Report

E1 PC 1.2

E2 PC 2.3

E3 PC 3.1

E4 PC 4.1 4.2

E5 PC 5.2

E6 6.1 6.2

1-6

1-5

1-4

1-3

2.

Presentation

 

Oral Presentation

E1 PC 1.1 1.3

E2 PC 2.1-2.2

E5 PC 5.1 5.3

 

1-6

1-5

1-4

1-3

Other Information

Submission Requirements

You should:

  • Ensure that you submit assessments on or before the due date.

  • Always retain a copy of your assessment tasks (hard copy and soft copy).

  • When you submit work for assessment at RMIT University you need to use a cover sheet that includes a declaration and statement of authorship. You must complete, sign and submit a cover sheet with all work you submit for assessment, whether individual or group work. On the cover sheet you declare that the work you are presenting for assessment is your own work. An assignment cover sheet for submission of each assessment task is available on Canvas.

  • Each page of your assessment should include footer with your name, student number, the title of the assessment, unit code and title and page numbers. For example, Jane Smith, 324567, Task 2, OHS2345C Ensure safe workplace, Page 1 of 10.

Late Submission Procedures

You are required to submit assessment items and/or ensure performance based assessment is completed by the due dates.   If you are prevented from submitting an assessment item on time, by circumstances outside your control, you may apply in advance to your teacher for an extension to the due date of up to seven calendar days.    More Information: https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/extensions-of-time-for-submission-of-assessable-work   Form to use: http://mams.rmit.edu.au/seca86tti4g4z.pdf   Where an extension of greater than seven days is needed, you must apply for special consideration. Applications for special consideration must be submitted no later than two working days after the assessment task deadline or scheduled examination.   More Information: https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/special-consideration   Form to use:  http://mams.rmit.edu.au/m9yljqvw15di.pdf 

Re-submissions (VET Programs)

If you are found to be unsuccessful in a particular Course Assessment Task (or you do not submit/attend) you will be allowed one resubmission.  Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission.   If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible.   Adjustments to Assessment   In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which the assessment arrangements might be granted please access the following website:   More Information: https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/adjustments-to-assessment   Marking Guide (Competency)   You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.   You will receive feedback on each assessment task that will inform you about your progress and how well you are performing.   Final Grades Table   CA - Competency Achieved  NYC - Not Yet Competent DNS - Did Not Submit for assessment    Further information regarding the application of the grading criteria will be provided by your teacher.

Course Overview: Access Course Overview