Course Title: Investigate and apply legal process

Part B: Course Detail

Teaching Period: Term1 2020

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: Callie Harvey

Course Contact Phone: +61 3 9925 5772

Course Contact Email: callie.harvey@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

 Bill Unkles

bill.unkles@rmit.edu.au

 

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   1.2 Describe the functions and hierarchy of government in Australia and present in diagrammatic form.   1.3 Define and trace the developmental bases of Australian Law   1.4 Analyse and consider the rules for resolving conflicts of laws

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   2.2 Identify the legislative powers of the Commonwealth, with reference to specific powers, exclusive powers and concurrent powers   2.3 Determine the limits on the legislative powers of the Commonwealth, with reference to implied limitations-specific powers, express prohibitions and referenda   2.4 Analyse the extent and influence of the Legislative powers of States, with reference to territorial limitations, concurrent powers and residual powers   2.5 Evaluate the relationship between the legislative powers of the Commonwealth and States in consideration of the:

  • exclusive powers of the Commonwealth
  • inconsistency between Commonwealth and State Law
  • external affairs power and the role of the High Court

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   3.2 Describe and discuss Civil Law, with specific reference to areas of law and remedies   3.3 Identify the aspects of Criminal and Civil actions and distinguish the differences between them   3.4 Identify and describe the jurisdictions of Victorian and Federal courts and present diagrammatically.

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:

  • role of the parties
  • role of the judge
  • use of juries
  4.2 Identify and describe the pre-trial procedures required in the adversary system   4.3 Outline and discuss the role of trial procedures for both criminal trials and civil hearings 

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   5.2 Identify and compare the alternative dispute resolution procedures with legal actions, in relation to: costs; time involved; formality of procedures; confidentiality, and, likelihood of outcome being satisfactory for all parties   5.3 Describe how alternative dispute resolution procedures may be applied to a range of circumstances and analyse in terms of relevance and effectiveness.   5.4 Identify how methods of alternative dispute resolutions are used within the court system and examine in terms of relevance and effectiveness.

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   6.2 Describe the means by which precedent changes with reference to:

  • applying and extending
  • distinguishing
  • reversing
  • overruling
  • disapproving
  • abrogating and inconsistency with legislation
  6.3 Assess judicial law making with reference to:
  • sources of precedent
  • reporting of case law
  • binding precedent
  • ratio decidendi
  • obiter dicta

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   7.2 Identify and describe the elements of an Act of Parliament   7.3 Determine the classifications of Acts of Parliament   7.4 Analyse the process of making delegated legislation

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   8.2 Identify and discuss the approaches to the interpretation of legislation applied by the courts   8.3 Outline and discuss the role of interpretation of legislation in the context of judicial law making

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.   9.2 Determine and outline secondary sources of law


Learning Outcomes



 


Details of Learning Activities

A range of learning activities are planned for this course including self-paced and collaborative classroom-based activities.

The self-paced activities will be delivered through various technology platforms and may include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.

The collaborative classroom-based activities will include group discussions, group problem-solving activities and opportunities to practice your skills in a simulated/real workplace environment.

We expect you to participate and contribute in all scheduled learning activities.

 


Teaching Schedule

This course is comprised of one single competency VU21631/JUST5747 Investigate & Apply Legal Process.

Prior to training commencement a program level induction session will be conducted that comprises the following:

Induction Session

  • Program overview and requirements
  • MyRMIT/Canvas
  • 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).

Course Schedule: JUST 5747 Investigate and Apply legal process, Semester 1, 2020                                                                 

Week 

commencing date

Topic

Readings and Activities

Assessment

Elements and Performance Criteria

Week 1

February 10

ORIENTATION WEEK

Introduction and overview of Legal Process

  

 

Week 2

February 17

Introducing the Law

Reading: Recommended text Chapter 1 pp1-18

Readings and activities in canvas

 

 

 Various

Week 3

February 24

  • Overview of Aust. legal system
  • History – developmental bases of Australian Law
  • Sources of Law

Reading: Recommended text Chapter 2.1 pp 32 - 50

Readings and activities in canvas

 

 

 Elements 1 & 2

Week 4

March 2

  • Constitutional structure of government and the sources of law in Australia
  • Division of the functions and limits of power between the Commonwealth & the States
  • The Executive government

Reading: Recommended text Chapter 2.2 & 2.3 (pp50-67) Understanding the Australian legal system 

Readings and activities in canvas

 

 

 

 Elements 1 & 2

Week 5

March 9

  • The nature & structure of Parliament
  • How laws are made
  • Types of legislation
  • Delegated legislation

Reading: Recommended text Chapter 3.1 & 3.2
Politicians & Judges (pp77-92)

Readings and activities in canvas

 

 

Elements 1,2&7

Week 6

March 16

  • The Australian Court System
  • Jurisdictions & Hierarchy of Victorian & Federal Courts
  • Tribunals

Reading -Recommended text Chapter 3.3, 3.4, 3.5
Politicians & Judges (pp 92-127)

Readings and activities in canvas

 

 

 Elements 3, 4 & 5 

Week 7

March 23

  • Court Processes
  • Adversarial System
  • Civil & criminal proceedings & procedures
  • Alternative dispute resolution

Reading -Recommended text Chapter 3.3, 3.4, 3.5
Politicians & Judges (pp 92-127)

Readings and activities in canvas

Individual student / teacher feedback

 

Week 8

March 30

 Week 7 continued

  • Court Processes
  • Adversarial System
  • Civil & criminal proceedings & procedures
  • Alternative dispute resolution

Reading - Recommended text Chapter 3.3, 3.4, 3.5
Politicians & Judges (pp 92-127)

Readings and activities in canvas

Individual student / teacher feedback

 

Week 9

April 6

  • The role of judicial law making
  • The doctrine of precedent

Reading - Recommended text Chapter 3

Politicians & Judges - Judges/the judiciary

Readings and activities in canvas

Assessment Task 1 Due- The Legal Labyrinth Assignment

You will receive feedback in week 11

 

 Element 6

Mid-Semester Break

Week 10

April 20

  • The approaches to the interpretation of legislation applied by the courts

Reading: Recommended text Chapter 4 (pp127-143) How to find, understand and use the law

Readings and activities in canvas

 

 

 Element 8

Week 11

April 27

  • The approaches to the interpretation of legislation applied by the courts

Reading: Recommended text Chapter 4 (pp127-143) How to find, understand and use the law

Readings and activities in canvas

 

 

  Element 8

Week 12

May 4

  • Reading the law - legislation & case law

Reading: Text Chapter 4.1 – 4.3
How to find understand & use the law (pp129-163)

Readings and activities in canvas

Re-submission Due for Assessment Task 1- The Legal Labyrinth Assignment

Course Experience Survey to be completed

 Elements 6, 7, 8 & 9

Week 13

May 11

  • Sources of legal information
  • Using the law - answering legal problems

Reading - Text Chapter 4.1 – 4.3
How to find understand & use the law (pp129-163)

Readings and activities in canvas

 

 

 Elements 6, 7, 8 & 9

Week 14

May 18

  • Effective note taking
  • Preparing for open book assessment tasks

 

Assessment Task 2 Due-

You be the Judge

You will receive feedback in week 16

 

Week 15

May 25

Resubmissions

 

 

 

Week 16

June 1

Resubmissions

 

 

 

Week 17

June 8

Grade Entry

 

 

 

The nominal hours associated with this course are a guide only and represent the total teaching time and student effort required to successfully complete the course. This may include not only scheduled classes but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

 


Learning Resources

Prescribed Texts


References


Other Resources

 Recommended Text:- James, Nicholas, Business Law (Wiley 4th ed, 2017) 

Additional resources will be provided via CANVAS

 


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

You will demonstrate competency by undertaking two assessments. You must successfully complete all assessments to be deemed competent in this unit. 

 

ASSESSMENT TASK 1: The Legal Labyrinth

Due: Monday, 6 April 2020

Summary and Purpose: The purpose of this task is for you to use your knowledge and develop your understanding of Government in Australia, and  the Australian legal system, by conducting research and exploring first-hand Melbourne’s legal precinct; the courts, Parliament and some key legal offices. Your exploration will require you to identify and apply in a practical way key concepts that underpin our legal world.

 

ASSESSMENT TASK 2: You be the Judge – Statutory Interpretation & Precedent Law

Due: Monday, 18 May 2020

Summary and Purpose: The purpose of this task is for you to use precedent law, and apply the approaches to interpreting legislation, in a case study.
You must successfully complete all assessments to achieve competency in this course.

 


Assessment Matrix

 The assessment matrix that maps all the assessment is available on Canvas.

 

 

Other Information

Submission Requirements:

  • Ensure that you submit assessment items and/or performance based 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 the Assessment task document that includes a declaration and statement of authorship.
  • Each page of your assessment should include a footer with your name, student number, the title of the assessment, unit code and title and page numbers.

Resubmissions (VET Programs)

If you are found to be unsuccessful (Not satisfactory/Unsatisfactory) in a Course Assessment Task 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.

 

Penalties for Late Submission 

Late submissions of assignments without special consideration or extension will automatically be considered a re-submission (see above).

 

Extensions, Special Consideration and Adjustment to Assessments

 

Extensions:

Extensions are available for unforeseen circumstances of a short-term nature.

An application form must be submitted to the school at least one working day before the due date of the assessment.

Extensions can be approved for a maximum of one week (seven calendar days) past the due date for an assessment. (Where students need an extension exceeding one week they must instead apply for special consideration.)

 

Special consideration:

Special consideration is available for unexpected circumstances outside students’ control. These include but are not limited to: unexpected short-term ill health, and unavoidable family, work, cultural or religious commitments.

An application for special consideration is made in advance of an assessment wherever possible but will normally be accepted within five working days after the assessment date

For more information, see the Special Consideration page of the RMIT website.

 

Adjustments to Assessment:

RMIT provides several adjustments to assessment for students experiencing ongoing or long-term circumstances. Find the right one for your circumstances here.

 

Changes to the Assessment Scheme

Where a change to assessment approved by the dean/head of school changes an assessment due date, students will be given at least five working days’ notice of the new due date.

 

Feedback

You can expect to receive marks and feedback on in-course assessment work in time to improve your performance in related assessment tasks later in the course.

 

Academic Integrity and Misconduct

Students demonstrate academic integrity in their assessment practices by:

  • engaging with assessment activities in an honest way;
  • providing accountability for the authorship and originality of work submitted;
  • acknowledging the work of others and the re-use of original work.

Academic misconduct is addressed in accordance with the Student conduct policy

Assessment involving research with human participants, their information or their tissue, or animal subjects is carried out in accordance with the Staff ethics and integrity policy.

For further information see the Academic Integrity website.

 

Review and Appeal

A student may request a review of an assessment result or appeal a final course grade in accordance with the Conduct of assessment and appeals section of the Assessment Processes.

 

Grade Criteria

You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying. The following grades are available for this course.

 

Vocational education grades:

CA - Competency Achieved

NYC - Not Yet Competent

DNS - Did Not Submit for assessment

SEC - Stopped engagement in course

WDR - Withdrawn from course

RSC - Remission (removal) of debt under special circumstances – applies where a student is granted a remission of debt in special circumstances after the census date.

 

Course Overview: Access Course Overview