Course Title: Legal Process

Part B: Course Detail

Teaching Period: Term1 2008

Course Code: LAW5040

Course Title: Legal Process

School: 650T TAFE Business

Campus: City Campus

Program: C6070 - Advanced Diploma of Business (Legal Practice)

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

Nominal Hours: 51

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 module covers sources of Australian law, Australia’s federal system of government, resolving disputes in the legal system, the trial process, alternative dispute resolution, judicial law making, legislation, interpretation of legislation and finding sources of legal information.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VBM898 Legal Process


Learning Outcomes


1. Report on the constitutional structure of government and the sources of law in Australia. Evaluate the functions of the three main institutions, parliament, governments and the courts.
2. Analyse and evaluate division of the functions of government between the Commonwealth and the States in Australia, and determine the limits on the powers of each level of government
3. Evaluate the differences in the law and procedure which distinguish civil and criminal proceedings, determine and outline which court(s) would hear particular cases.
4. Evaluate the adversary system of trial used in Australian courts.
5. Determine evaluate and apply alternative dispute resolution procedures. Compare alternative dispute resolution procedures with the legal process of dispute resolution.
6. Outline and evaluate the role of judicial law making. Analyse a precedent, identify the ratio decidendi and obiter dicta and apply to case study material.
7. Analyse outline and assess the process of enactment of legislation by Parliament and the making of delegated legislation.
8. Evaluate the approaches to the interpretation of legislation applied by the courts.
9. Outline sources of legal information, search primary sources of law and identify an Act of Parliament and a reported case.


Details of Learning Activities

Students will study Legal Process skills and theory in class sessions and through prescribed exercises and assessment work. These concepts will also be explored through the investigation of appropriate real world and simulated environments.


Teaching Schedule

Week Beginning   
Week 1 – 11th Feb  Overview of Course (Orientation Sessions) Class participation (10%) to be assessed for all classes and Law Week Activity.
Week 2 – 18th Feb  Sources of Legal Information Research Assignment to be handed out.
Week 3 – 25th Feb

 Assessing Legal Resources (Library Tours)

 

 

Week 4 – 3rd Mar

 Sources of Law

 

 
Week 5 – 10th Mar  Criminal versus Civil

 Research Assignment to be handed in.

Court Report Assignment to be assigned during class.

Week 6 – 17th Mar

 Court Jursidiction and Hierarchy (Court visit- Monday class)

 

 
20th to 26th March

 Mid Semester Break (Student Vacation)

 

 
Week 6 - 27 March

 Court Jurisdiction and Hierarchy (Court visit- Thursday class)

 

 
Week 7 – 31st Mar Court Jurisdiction and Hierarchy Court Presentations and Reports (15%) to be conducted during class.
Week 8 – 7th April

 Australian Constitution

 

 
Week 9 – 14th April

 Alternative Dispute Resolution

 

 
Week 10 – 21st April

 The Doctrine of Precedent Application

 

 
Week 11 – 28th April

 The Parliamentary Process

 

 
Week 12 – 5th May

 Understanding Legislation

 

 
Week 13 – 12th May  Law Week Activity See Class Participation
Week 14 – 19th May  Interpretation of Legislation Mock Court Cases to be assigned.
Week 15 – 26th May

 Open book Test (2 hours)

 

 
Week 16 – 2nd June

 Preparation of Cases

 

 
Week 17 – 9th June

 Mock Court Cases

 

 
Week 18 – 16th June

 Outcome of Mock Court Cases and Feedback and Assessment Review

 

 


Learning Resources

Prescribed Texts

Andy Gibson and Douglas Fraser Business Law 3ed (Pearson/Prentice Hall)

Butterworths Concise Australian Legal Dictionary (Butterworths)


References

Cook, et al. Laying Down the Law 6 Edition ( Aust:Butterworths: 2005)
Carvan J Understanding the Australian Legal System, 2nd Edition  (Law Book Company 1994)
Campbell, et. Al. Legal Research Materials and Methods (Law Book Company) 
Chisholm and Nettheim, Understanding Law (Australia:Butterworths:2007)
Gifford and Gifford How to Understand and Act of Parliament (Law Book Comp)
Harvey C Cornerstones of Australian Law 2ed (Aust: Tilde University Press 2007)
Hall, K Legislation (Australia; Butterworths: 2002)
Pearce D C Statutory interpretation in Australia 6ed (Aust: Butterworths 2006)
Vermeesch and Lingren Business Law of Australia (Butterworths)
Vickery and Pendleton Australian Business Law 5ed (Australia: Pearson Education:2006)

Dictionaries:
Marantelli and Tikotin The Australian Legal Dictionary (Edward Arnold, Australia)
John Burkie Osborn's Concise Law Dictionary (Sweet and Maxwell)
The CCH Macquarie Concise Dictionary of Modern Law


Other Resources

Australian Legal Sites (www.dlsweb.rmit.edu.au/just5010)

Australasian Legal Information Institute (www.austlii.edu.au)

CCH Online (To access this database RMIT University students should go to the RMIT library’s Search it page at http://www.rmit.edu.au/library/searchit, click on the Databases link and logon with their student login.)

ComLaw (www.comlaw.gov.au)

Lawbook Online (To access this database RMIT University students should go to the RMIT library’s Search it page at http://www.rmit.edu.au/library/searchit, click on the Databases link and logon with their student login.)

LexisNexis AU (To access this database RMIT University students should go to the RMIT library’s Search it page at http://www.rmit.edu.au/library/searchit, click on the Databases link and logon with their student login.)

Victorian Legislation and Parliamentary Documents (www.dms.dpc.vic.gov.au)

High Court of Australia (www.hcourt.gov.au)

Federal Court of Australia (www.fedcourt.gov.au)

Family Court (www.familycourt.gov.au)

Federal Magistrates Court ( www.fmc.gov.au)

Supreme Court of Victoria (www.supremecourt.vic.gov.au)

County Court of Victoria (www.countycourt.vic.gov.au)

Magistrates’ Court of Victoria (www.magistratescourt.vic.gov.au)

Administrative Appeals Tribunal (www.aat.gov.au)

Victorian Civil and Administrative Appeals Tribunal (www.vcat.vic.gov.au)


Overview of Assessment

Assessment will consist of written tests and an assignment in the form of a practical exercise.


Assessment Tasks

To pass this course students must satisfactorily complete all assessment and have a total mark of not less than 50%.
Assessment will be by means of:

Class Participation 10%
Research Assignment 15%
Class Test  (open book) 45%
Court Report & Presentation 15%
Mock Court Case 15% 




Assessment Matrix

Learning Outcomes

Class Participation

Research AssignmentClass Report & Presentation. Test Mock Court
Case
Report on the constitutional structure of government and the sources of law in Australia. Evaluate the functions of the three main institutions, parliament, governments and the courts. x   x 
Analyse and evaluate division of the functions of government between the Commonwealth and the States in Australia, and determine the limits on the powers of each level of government. x   x 
Evaluate the differences in the law and procedure which distinguish civil and criminal proceedings, determine and outline which court(s) would hear particular cases. x x x x 
Evaluate the adversary system of trial used in Australian courts. x  x x 
Determine evaluate and apply alternative dispute resolution procedures. Compare alternative dispute resolution procedures with the legal process of dispute resolution. x  x x 
Outline and evaluate the role of judicial law making. Analyse a precedent, identify the ratio decidendi and obiter dicta and apply to case study material. x   x x
Analyse outline and assess the process of enactment of legislation by Parliament and the making of delegated legislation. x   x 
Evaluate the approaches to the interpretation of legislation applied by the courts. x   x 
Outline sources of legal information, search primary sources of law and identify an Act of Parliament and a reported case. x x  x x

Course Overview: Access Course Overview