Course Title: Work in Legal Environment
Part B: Course Detail
Teaching Period: Term1 2012
Course Code: JUST5142
Course Title: Work in Legal Environment
School: 365T Global Studies, Soc Sci & Plng
Campus: City Campus
Program: C6077 - Advanced Diploma of Justice
Course Contact : Gerogy dumas
Course Contact Phone: +61 3 99254203
Course Contact Email:georgy.dumas@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Patrick Prescott
Contact phone: 9925 8371
Contact email: patrick.prescott@rmit.edu.au
Nominal Hours: 75
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
There are no Pre-requisites for this course.
Course Description
This course provides an overview of the Victorian and Australian legal environment, including law making bodies, the adjudication and enforcement process, and various aspects of the law and procedures
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
VBQU367 Work in Legal Environment |
Element: |
01 Evaluate the origins and sources of law in Australia |
Performance Criteria: |
1.1 State and Commonwealth laws and constitutions are identified. |
Element: |
02 Analyse the type of Law/Regulations that are in operation within Australia. |
Performance Criteria: |
2.1 The types of law that are currently in operation throughout Australia are examined. |
Element: |
03 Analyse Australia's Federal system of Government, its law making powers and the main features of the Australian and Victorian Constitutions. |
Performance Criteria: |
3.1 The process of Federation is examined. |
Element: |
04 Apply the Principles of Civil, Criminal Law and Family Law. |
Performance Criteria: |
4.1 The main aims and objectives of Criminal, Civil and Family law are investigated. |
Element: |
05 Analyse the administration of the law at various jurisdictional levels. |
Performance Criteria: |
5.1 The structure, jurisdiction and appeal processes of the Australian courts and tribunals are analysed: |
Element: |
06 Evaluate the approaches applied by the courts in relation to the interpretation of Statutes. |
Performance Criteria: |
6.1 The different approaches to statutory interpretation are analysed. |
Element: |
07 Examine the role of precedent and identify the Ratio Decidendi and Obiter Dicta of a court decision. |
Performance Criteria: |
7.1 The role of precedent in the legal system is evaluated. |
Element: |
08 Analyse the Common Law and legislative provisions under which administrative actions may be reviewed. |
Performance Criteria: |
8.1 The grounds on which an administrative decision may be challenged in the courts are examined. |
Element: |
09 Investigate the ways in which the courts may be prepared to review the actions of non-government bodies. |
Performance Criteria: |
9.1 The circumstances in which judicial review of a non-government body may be available are clarified. |
Element: |
10. Evaluate the various law enforcement processes and agencies and the effectiveness of each system |
Performance Criteria: |
10.1 Identify the various law enforcement agencies |
Learning Outcomes
See elements
Details of Learning Activities
Students will participate in weekly case studies and class discussions.
Students will have progressive fortnightly theory and practice tests, a mid-term and end of term exam.
Students will be expected to conduct research and complete written hurdle tasks on specific topics or areas of law and its application.
Students are also required to attend a compulsory Justice Camp to analyse the role of Federation and passing an Act of Parliament.
Teaching Schedule
Week One: The origins of Law
Week Two: The concepts of Federalism and the structure of Commonwealth Law.
Week Three:The difference and jurisdiction between Commonwealth and State law
Week Four: Separation of powers
Week Five: The limits of Commonwealth Law.
Week Six: The process of creating and passing an Act of Parliament
Week Seven: the principles of Civil, Criminal and Family Law
Week Eight: The Law of Torts and the Law of Contracts
Week Nine: Interpretation of stature and precedent-Obiter Dicta and Ratio Descendi
Week Ten: Common and Administrative law and how they are reviewed.
Week Eleven: The Principle of Natural Justice
Week Twelve: Reviews of non-government bodies
Week Thirteen: Victorian law hierarchies and functions
Week Fourteen: Magistrate’s Court-Summary Offences Act, Occuaptional Health and Safety Act, Children’s Court-Family Violence-the role of this court and the interpretationof offences.
Week Fifteen: The County Court, the Crimes Act, Civil jurisdictions and Appellate role
Week Sixteen: TheSupreme Court and Court of Appeal-role, function
Week Seventeen:Revision
Learning Resources
Prescribed Texts
References
Other Resources
Students will be given handouts and guides to this course but are expected to read more widely. RMIT University has an extensive collection of texts on related to ’Work in a Legal Environment’ and the TAFE library staff can assist students to locate useful materials.
Overview of Assessment
Assessment taks for this course includes the following:
- Weekly participation in Case Studies
- Weekly "Challenge" tests to support progressive knowledge base and application
- Hurdle tasks-short written responses to topics
- End of term comprehensive examination
Assessment Tasks
Assessment taks for this course includes the following:
Task 1: Weekly participation in Case Studies
Task 2: Weekly "Challenge" tests to support progressive knowledge base and application. This tests will be assessed in classroom
Task 3: Hurdle tasks-short written responses to topics
Task 4: End of term comprehensive examination as above
Students will be provided a detailed handout of each of the above assessments that includes the assessment outline, the assessment criteria and the due date by the second week of the semester.
Assessment Matrix
The assessment has been designed to cover all Learning Outcomes and will be graded in accordance with RMIT’s Mark Table 7 which is as follows:
HD 80-100, DI 70-79, CR 60-69, PA 50-59, NN 0-49
All written work must adhere to the following criteria:
1. Written reports, research projects or essays are to demonstrate an understanding of the concepts and familiarity with the prescribed or negotiated topics
2. It is expected that all submitted work will be well written, with clear and consistent grammar, expression and punctuation. It must be well structured and cogently address the issues raised in the chosen topic in a logical, ordered and organised manner
3. The concepts must be well defined and demonstrate a critical analysis of the chosen topic
4. Written submissions must demonstrate appropriate preparation, reading and research
5. In-text references must follow the APA style of referencing. In addition, you must provide a bibliography with correct and comprehensive details in relation to texts, articles, research reports and other sources that you have used
6. Double or 1.5 spacing and a font size of 10-12 must be used
Other Information
Assessment Deadlines
Any due date for any assignment is to be considered a deadline. Students can submit work at any time prior to the submission date, but it must be into the Administration office by close of business of the day the submission is due.
Extensions will not be granted by teachers or Administrative staff.
In accordance with RMIT policy, students may apply for an extension where there have been unexpected or extenuating circumstances, e.g.
a) Hospital admission, serious injury, severe asthma, severe anxiety or depression. This does not include minor illness such as a cold, period pain or hay fever.
b) Loss or bereavement – e.g. death of a close family member, family/relationship breakdown.
c) Hardship/trauma – e.g. victim of crime, sudden loss of income or employment, severe disruption to domestic arrangements.
Students requiring extensions for 7 calendar days or less (from the original due date) must complete and lodge an Application for Extension of Submittable Work (7 Calendar Days or less) form and lodge it with the Program Coordinator/ Program Manager. The application must be lodged no later than one working day before the official due date. The student will be notified within no more than 2 working days of the date of lodgment as to whether the extension has been granted.
Students seeking an extension of more than 7 calendar days (from the original due date) must lodge an Application for Special Consideration form under the provisions of the Special Consideration Policy, preferably prior to, but no later than 2 working days after the official due date.
Assignments submitted late without approval of an extension will not be accepted or graded.
Students must keep a copy of their paper until the graded essay has been returned or marks have been posted. Assignments are to be submitted in the Assignment box in Bld 37, Lvl 2. (Assignment cover sheets will be available from Building 37 level 2).
Assignments are not receipted, if receipts are required then students should submit the assignments to the relevant academic/teaching staff member via the following email account AdvDipJusticeassignments@rmit.edu.au and keep the email as proof of submission.
Plagiarism is the presentation of the work, idea or creation of another person, without appropriate referencing as though it is one’s own. Plagiarism is not acceptable. It is a form of cheating and is a very serious academic offence that may lead to expulsion from the University. Plagiarised material can be drawn from, and presented in, written, graphic and visual form, including electronic data, and oral presentations. Plagiarism occurs when the origin of the material used is not appropriately cited.
You must acknowledge the use of another person’s work or ideas. If texts or ideas are reproduced they are to be clearly acknowledged in one of the conventional ways, such as by use of quotation marks, indentation for longer passages and clear citation of the source. Failure to separate one’s own contribution from that of another constitutes plagiarism – a form of cheating and may result in outright failure. Random checks will be made on students’ work.
Other Information: All email communications will be sent to your RMIT email address.
Course Overview: Access Course Overview