Course Title: Identify and apply the legal framework

Part B: Course Detail

Teaching Period: Term2 2012

Course Code: JUST5189C

Course Title: Identify and apply the legal framework

School: 650T TAFE Business

Campus: City Campus

Program: C5292 - Diploma of Legal Services

Course Contact : Robyn Lang

Course Contact Phone: +61 3 9925-1565

Course Contact Email:robyn.lang@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Bernadine McNamara, Sessional Teacher

Email bernadine.mcnamara@rmit.edu.au

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 performance outcomes, skills and knowledge required to research legal systems and jurisdictions within Australia. A range of legislation, rules, regulations and codes of practice may apply to this unit at the time of endorsement, depending on job roles and jurisdictions.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

BSBLEG413A Identify and apply the legal framework

Element:

1. Identify sources of law

Performance Criteria:

1.1  Identify the 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 Australian federal government and the states and territories

Performance Criteria:

2.1 Identify legislative powers of the Australian federal government and limits on that power.
2.2 Analyse the legislative powers of the states and territories.
2.3 Evaluate the relationship between the legislative powers of the Australian federal government and the states and territories.
 

Element:

3. Differentiate between civil and criminal proceedings

Performance Criteria:

3.1 Identify and examine the differences in law and procedures between civil and criminal proceedings.
3.2 Analyse the findings and determine which court hear particular cases.
 

Element:

4. Examine elements of the adversary system of trial

Performance Criteria:

4.1 Identify main features of the adversary system of trial.
4.2 Evaluate these features and determine how they apply in the context of the legal environment.
 

Element:

5. Examine elements of precedent

Performance Criteria:

5.1 Identify the main features of the principles of precedent
5.2 Analyse how precedent is applied in the context of a legal environment.
5.3 Examine and document the 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 context of a legal environment.
 


Learning Outcomes



Details of Learning Activities

From this course students will acquire a working knowledge of the various elements of the Australian legal system and the ability to distinguish features such as the differing jurisdictions of courts and the differing legislative powers of the Commonwealth and the States.  Students will gain insight into the workings of the common law and the making of legislation.  While only four workshops are conducted during the semester, extensive use will be made of RMIT’s online learning environment (Blackboard) to provide extra reading material, links to video resources and administer regular assessments of learning.

The teacher will be contactable by email in between workshops and will be able to respond to queries from students.  Announcements will also be posted on Blackboard by the teacher. 

Students will need to have access to a computer and to have basic computer literacy skills.


Teaching Schedule

The four workshops are spaced out across the semester, as shown in the table below.  Each workshop is scheduled to last three hours with a break in the middle.  Workshops 1 and 4 are mandatory due to orientation and the examination respectively.

<thead> <th scope="col">Workshop</th> <th scope="col">   Date</th> <th scope="col">Time</th> </thead>
1*12 July6 to 9 pm
29 August6 to 9 pm
313 September6 to 9 pm
4*18 October6 to 9 pm

 *Mandatory attendance.

The location for the first workshop will be Room 108.09.07 in Building 108.  The following three workshops will be held in the new Business School building, Building 80, in Room 80.04.021.

A detailed breakdown of the topics to be addressed in each workshop, and work to be done by students between workshops, will be provided at workshop 1.


Learning Resources

Prescribed Texts

Materials will be provided.


References

www.comlaw.gov.au

www.aph.gov.au

www.legislation.vic.gov.au

www.parliament.vic.gov.au

www.austlii.edu.au

www.courts.vic.gov.au


Other Resources

Students should watch the Blackboard site for other resources throughout the semester.


Overview of Assessment

Assessment may incorporate a variety of methods including in-class exercises, problem-solving exercises, assignments, group or individual projects, presentations and written or practical tests, as well as homework activities.

Other activities may be workplace-based or simulate work practices. These may include the production of technical requirements documents, direct observation of workplace practices and the presentation of a portfolio of evidence. This portfolio may include documents, photographs, video and/or audio files.

Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant competency standards are being met. Students will be provided with feedback throughout the course to check their progress.
 


Assessment Tasks

There will be three assessment tasks, all competency-based, that is, no percentage mark will attach to the any of the assessment tasks.

First, there will be an assignment addressing material studied up to and including the second workshop, including extra materials posted on Blackboard.  The assignment will contain some short answer questions and a question requiring a longer answer based on online research.

Second, there will be an online quiz following workshop 3, addressing material studied for that workshop.

Third, there will be two hour test conducted in workshop 4 which will address all the material studied in the course.  The test will be open book and sample test questions will be provided prior to workshop 4.

To be assessed as competent you must pass all three assessments.  If any assessment is evaluated as not competent you will be given an opportunity to resubmit but the maximum grade will be CAG.  The grades awarded for competency-based assessment are:

CHD Competent with High Distinction

CDI Competent with Distinction

CC  Competent with Credit

CAG Competency achieved - Graded

NYC Not yet competent

DNS Did not submit for assessment.


Assessment Matrix

<thead> <th scope="col">Task</th> <th scope="col">Element(s)</th> </thead>
Assignment1, 2, 3 and 4
Quiz5 and 6
TestAll

Course Overview: Access Course Overview