Course Title: Investigate and apply legal process

Part A: Course Overview

Program: C6141 Advanced Diploma of Legal Practice

Course Title: Investigate and apply legal process

Portfolio: BUS Portfolio Office

Nominal Hours: 50

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.

Terms

Course Code

Campus

Career

School

Learning Mode

Teaching Period(s)

JUST5747

City Campus

TAFE

650T Vocational Business Education

Face-to-Face or Internet

Term1 2016,
Term2 2016,
Term1 2017,
Term2 2017

Course Contact: Robert Sheen

Course Contact Phone: +61 3 9925 5759

Course Contact Email: robert.sheen@rmit.edu.au



Course Description

This unit describes the skills and knowledge required to analyse and evaluate institutions within the Australian legal system, to investigate and classify sources of Australian Law, and, to assess concepts underlying the application of law in order to support the work of a legal office, practice or associated context.

Pre-requisite Courses and Assumed Knowledge and Capabilities

None



National Competency Codes and Titles

National Element Code & Title:

VU21631 Investigate and apply legal process

Elements:

1.Report on the constitutional structure of government and the sources of law in Australia

2.Analyse and evaluate division of the functions and limits of power between the Commonwealth and the States in Australia

3.Evaluate the differences between civil and criminal proceedings

4.Evaluate the adversarial system of trial used in Australian courts

5.Evaluate and apply alternative dispute resolution procedures

6.Outline and evaluate the role of judicial law making

7.Evaluate the process of enactment of legislation by Parliament

8.Evaluate the approaches to the interpretation of legislation applied by the courts

9.Research sources of legal information


Learning Outcomes


 


Overview of Assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

In order to demonstrate competency in this unit, you must provide evidence of:

• investigating sources of Australian Law
• determining primary and secondary sources of law for a specific case, case study or scenario
• searching primary sources of law in order to identify given examples of laws with reference to Act of Parliament, regulation and reported decision
• tracing the development of Australian Law
• researching, analysing and describing the functions and institutions of the Australian legal system
• evaluating, discussing and employing concepts underlying the application of law within a legal office, or related, environment
• knowledge of structure and functions of the Australian legal system
• knowledge of Australian government structure and legislative powers
• analysis of the application of the approaches to the interpretation of legislation in relation to particular provisions of legislation and a specific case study
• analysis of a precedent in order to identify and apply the ratio decidendi and obiter dicta to a specific case study

Context for assessment

Assessment must ensure:

• activities are related to a legal practice context
• activities are related to laws, regulations and procedures currently operating across the jurisdictions relevant to this qualification

You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.

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 so that you can obtain feedback on your understanding of the concepts and issues being discussed.

You should take note of all feedback received and use this information to improve your learning effectiveness and final performance in the course.

Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.