Course Title: Investigate and apply legal process
Part B: Course Detail
Teaching Period: Term2 2016
Course Code: JUST5747
Course Title: Investigate and apply legal process
School: 650T Vocational Business Education
Campus: City Campus
Program: C6141 - Advanced Diploma of Legal Practice
Course Contact: Robert Sheen
Course Contact Phone: +61 3 9925 5759
Course Contact Email: robert.sheen@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Paul Ryan
9925 5466
80.05.018
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.
Pre-requisites and Co-requisites
None
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.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
VU21631 Investigate and apply legal process |
Element: |
1.Report on the constitutional structure of government and the sources of law in Australia |
Performance Criteria: |
1.1 Identify the structure and the main institutions of government in Australia and outline the key functions of each component |
Element: |
2.Analyse and evaluate division of the functions and limits of power between the Commonwealth and the States in Australia |
Performance Criteria: |
2.1 Research and assess the reasons for and purposes of federation |
Element: |
3.Evaluate the differences between civil and criminal proceedings |
Performance Criteria: |
3.1 Describe and discuss Criminal Law, with specific reference to: summary offences; indictable offences; Mens Rea; strict liability, and penalties |
Element: |
4.Evaluate the adversarial system of trial used in Australian courts |
Performance Criteria: |
4.1 Identify and compare the main features of both the adversarial system of trial and the inquisitorial system used in civil law countries with reference to the: |
Element: |
5.Evaluate and apply alternative dispute resolution procedures |
Performance Criteria: |
5.1 Research and discuss the reasons why a person may not wish to take legal action to resolve a potential legal dispute |
Element: |
6.Outline and evaluate the role of judicial law making |
Performance Criteria: |
6.1 Outline the process of judicial law making and identify and list its advantages and disadvantages |
Element: |
7.Evaluate the process of enactment of legislation by Parliament |
Performance Criteria: |
7.1 Outline and present diagrammatically the passage of legislation through Parliament |
Element: |
8.Evaluate the approaches to the interpretation of legislation applied by the courts |
Performance Criteria: |
8.1 Determine and outline the reasons why interpretation of legislation is required |
Element: |
9.Research sources of legal information |
Performance Criteria: |
9.1 Determine and outline primary sources of law and search for given examples of laws with reference to Act of Parliament, regulation and reported decision. |
Learning Outcomes
Details of Learning Activities
Teaching Schedule
Induction Session
Prior to training commencement a program level induction session will be conducted that comprises the following:
- Program overview and requirements
- MyRMIT/Blackboard
- Overview of assessment requirements
- Pre-Training Review including:
- Recognition of Prior Learning and Credit Transfers
- Assessment of current skills and knowledge
- Competency/Grading Criteria
- Plagiarism
- Appeals
- Extensions
- Feedback
- Privacy
- Submission requirements
- Resubmission policy
- Where to get support
- Student responsibilities
The Teaching Schedule for this course is as follows. (Please note that this schedule is subject to change)
Week No. |
Date Week Begins |
Topic: |
Assessment tasks |
1 |
July 4 |
Introduction to and overview of Legal Process |
|
2 |
July 11 |
Introduction & overview Element 1:- Constitutional structure of government & the sources of law in Australia.
*Text chapter 1 and chapter 2 |
Selection of Groups for Court visit Task 1 – Court Visit and Report |
3 |
July 18 |
Element 1 cont. & Element 2:- Division of the functions and limits of power between the Commonwealth and the States in Australia.
*Text chapter 2 (pp52-65, 72-78, 81,103) |
Distribution of Assessment task 1 – Court Visit and Report |
4 |
July 25 |
The Australian court System Element 2 cont. Element 3:- The differences between civil & criminal proceedings.
*Text chapter 2 pp81-90
Element 4:- The adversarial system of trial used in Australian courts.
*Text chapter 2 (pp90-99)
Element 5:- Alternative dispute resolution procedures.
*Text chapter 2 pp104-105 |
|
5 |
August 1 |
Week 4 topics continued. |
Assessment Task 1 - Court Visit and Report due (25%) Submit electronically via turnitin by midnight Sunday 31 July and by hand in class on Monday 1 August |
6 |
August 8 |
Element 6 & 9:- The role of judicial law making, reading case law and introduction to sources of legal information.
*Text chapter 2 pp99-104, 81 |
Assessment Task 2 – Moot Court Cases to be assigned |
7 |
August 15 |
Element 1 & 7:- The structure of parliament and the process of enactment of legislation by Parliament.
*Text chapter 2 pp62-71, 78-80 |
|
8 |
August 22 |
Element 8:- The approaches to the interpretation of legislation applied by the courts.
*Text chapter 3 pp127-143 |
|
MID-SEMESTER BREAK:- August 29 – September 2 inclusive | |||
9 |
September 5 |
Element 9 & 7:- Sources of legal information. Reading the law.
*Text chapter 3 pp114-126, 144-148. |
|
10 |
September 12 |
Preparation of Moot Court Cases. |
|
11 |
September 19 |
Hearings of Moot Court Cases pt 1. |
Assessment Task 2 – Moot Court Case (30%) pt 1 |
12 |
September 26 |
Hearings of Moot Court Cases.pt 2 |
Assessment Task 2 – Moot Court Case (30%) pt 2 |
13 |
October 3 |
Revision |
|
14 |
October 10 |
Final Test |
Assessment Task 3 – Open Book Final Test (45%) Elements 1,2,3,4,5,6,7,8,9 assessed. |
15 |
October 17 |
Feedback and assessment review |
|
16 |
October 24 |
Feedback and assessment review |
|
Learning Resources
Prescribed Texts
References
Other Resources
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.Assessment Tasks
The assessments for this course have been designed to allow participants to apply their learning to particular simulated work scenarios and demonstrate their competence in a variety of ways.
Assessment Task 1 - Court visit and Report
Weighting: 25%
Elements Assessed: 3,4.
Due Date: Week 5 by midnight Sunday 31 july
Submission Procedure:
Written report to be submitted via turnitin.
The purpose of this task is to develop your understanding of the legal system in Victoria by viewing a court case in a real life setting and preparing a written report on your court experience.
Assessment Task 2 - Moot Court case hearings
Weighting: 30%
Elements Assessed: 3,4,6,7,8,9.
Due Date: - Weeks 11, 12 - Weeks commencing 19 and 26 September
Submission Procedure:
Written report to be submitted through turnitin.
Court hearings to be undertaken by way of oral presentations.
The purpose of this task is experience a simulated court case.
Assessment Task 3 – Final Test
Weighting : 45%
Due Date: Week 14 - week commencing 10 October
Submission Procedure: Open book supervised test
The purpose of this assessment is to assess the body of learning for the course by assessing Elements 1,2,3,4,5,6,7,8,9.
You must satisfactorily complete all assessment tasks in order to achieve competency.
Assessment Matrix
Course Overview: Access Course Overview