Course Title: Identify and apply the legal framework
Part B: Course Detail
Teaching Period: Term1 2020
Course Code: LAW5745C
Course Title: Identify and apply the legal framework
School: 650T Vocational Business Education
Campus: City Campus
Program: C4386 - Certificate IV in Tertiary Preparation
Course Contact: Ms Vicki Mesiti
Course Contact Phone: +61 3 9925 5425
Course Contact Email: vicki.mesiti@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
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 skills and knowledge required to research legal systems and jurisdictions within Australia. It applies to individuals who use well-developed research skills to analyse and evaluate information from a variety of sources to provide support in a range of legal service settings. No licensing, legislative or certification requirements apply to this unit at the time of publication.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
BSBLEG413 Identify and apply the legal framework |
Element: |
1. Identify sources of law |
Performance Criteria: |
<p>&lt;div>1.1 Identify main institutions of government in Australia&lt;/div>&lt;div> &lt;/div>&lt;div>1.2 Research sources of Australian law&lt;/div>&lt;div> &lt;/div>&lt;div>1.3 Assess rules for resolving conflicts of laws&lt;/div></p> |
Element: |
2. Identify and analyse relationships between the Federal and the states and territories governments |
Performance Criteria: |
<p>&lt;div>2.1 Identify legislative powers of Australian Federal Government and limits of that power&lt;/div>&lt;div> &lt;/div>&lt;div>2.2 Analyse legislative powers of states and territories&lt;/div>&lt;div> &lt;/div>&lt;div>2.3 Evaluate relationship between legislative powers of the Federal Government and state and territory governments&lt;/div></p> |
Element: |
3. Differentiate between civil and criminal proceedings |
Performance Criteria: |
<p>&lt;div>3.1 Identify and examine differences in law and procedures between civil and criminal proceedings&lt;/div>&lt;div> &lt;/div>&lt;div>3.2 Analyse findings and determine which court would hear particular cases&lt;/div></p> |
Element: |
4. Examine elements of adversary trial system |
Performance Criteria: |
<div>4.1 Identify main features of adversary system of trial</div><div> </div><div>4.2 Evaluate these features and determine how they apply in the legal environment</div> |
Element: |
5. Examine elements of precedent |
Performance Criteria: |
<p>&lt;div>5.1 Identify main features of principles of precedent&lt;/div>&lt;div> &lt;/div>&lt;div>5.2 Analyse how precedent is applied in the legal environment&lt;/div>&lt;div> &lt;/div>&lt;div>5.3 Examine and document outcomes of precedent&lt;/div></p> |
Element: |
6. Examine legislation |
Performance Criteria: |
<p>6.1 Examine principles for reading and interpreting legislation</p><p>6.2 Apply principles for reading and interpreting legislation in the legal environment</p> |
Learning Outcomes
At successful completion of this course you should be able to: • Describe the structures and sources of Australian law. • Evaluate the effect of a range of legal problems and determine appropriate responses for organisations through relevant strategies. • Develop reasoned viewpoints, draw conclusions, and make recommendations after interpreting, analysing, and evaluating legal issues.
Details of Learning Activities
A range of learning activities are planned for this course including self-paced, collaborative classroom work based learning (WIL) activities. The self-paced activities will be delivered through various technology platforms and include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions. The collaborative classroom based activities will include group discussion, group problem solving activities and opportunities to practice your skills in a simulated/real workplace environment which include relevant field trips. We expect you to participate and contribute in all scheduled learning activities.
Teaching Schedule
|
Introduction to the Legal Process Semester 1: 2020 |
||||
Week |
Topic |
Readings and Activities |
Assessment |
|
|
Week 1 (10.02.2020) |
Introduction to course- Rules and Laws Understanding the Nature of Conflict |
Reading: Introduction to the Australian Legal System Manual 1 p4 -Canvas Course Resources Activity: Consolidation- Exploring the legal context from personal experience and discussion |
Assessment Tasks 1 and 2 available online via Canvas-Assignments Tab |
|
|
Week 2 (17.02.2020) |
Legal Research Skills Distinguishing Criminal Cases and Civil Disputes Types of Conflict |
Reading: www.austlii.edu.au Manual 2 P4-14 Activity: Research tasks Begin character profiles Bogabilla case study Library Workshop 2nd session- "Legal Research Skills" |
|
|
|
Week 3 (24.02.2020) |
Sources of Australian Law-Parliament |
Reading: The Legislative Process p6 Manual See Canvas Course Resources Visit to Parliament House Introductory exercises "Parliament in context" Video-parliamentary process Continue character profiles-Bogabilla case study |
|
|
|
Week 4 (04.03.2020) |
Sources of Australian Law-The Constitution |
Reading: Evolution of Parliament in Australia: Manual p3-5 See Canvas Course Resources Activity: Consolidation questions Continue character profiles-Bogabilla case study |
- |
|
|
Week 5 (09.03.2020) |
The Adversary System of Trial
|
Reading: The Adversary System Manual 2 p2 See Canvas Course Resources Visit to Victoria Police Museum Film The Adversary System Consolidation questions Continue character profiles -Bogabilla case study |
|
|
|
Week 6 (16.03.2020) |
The Australian Court Hierarchy-Federal Courts |
Reading:Manual 1 p21-24 See Canvas Course Resources Activity: Consolidation questions Continue character profiles- Bogabilla case study |
|
|
|
Week 7 (23.03.2020) |
The Australian Court System-State Courts |
Reading:Manual 1 p15-21 Activity: Consolidation questions Criminal Justice Program Guest Speakers Continue character profiles- Bogabilla case study Activity: Assessment preparation |
|
|
|
Week 8 (30.03.2020) |
The Australian Court System-State Courts |
Reading: Manual 1 p15-21 See Canvas Course Resources Activity: Assessment preparation |
|
|
|
Mid semester break: 9 - 15 April
| ||||
|
Week 9 (06.04.2020) |
Court Processes- Criminal and Civil Proceedings |
Reading: Manual 2 p18-30 See Canvas Course Resources Court Visits Activity: Consolidation questions |
Assessment 1 Folio due 6th April. Feedback will be available in or before week 10. If required re-submission for this assessment is due by the end of week 11. |
|
|
Week 10 (20.04.2020) |
Precedent Research-Finding Case Law |
Reading: Manual 2 p40-46 -See Canvas Resources Activity: Case studies and Consolidation questions |
|
|
|
Week 11 (27.04.2020) |
Precedent-Statutory Interpretation |
Reading: Manual 2 p48-52 -See Canvas Resources Activity: Case studies and consolidation questions Visit to Specialist Court |
|
|
|
Week 12 (04.05.2020) |
Alternative Dispute Resolution Tribunals Using Mediation to Resolve Conflict |
Reading: p34-38 Manual 2 -See Canvas Course Resources Activity: Case Studies, MDA video and Consolidation questions |
|
|
|
Week 13 (11.05.2020) |
Research and Presentation Skills |
Assessment Preparation
|
|
|
|
Week 14 (18.05.2020) |
Research and Presentation Skills |
Assessment Preparation |
||
|
Week 15 (25.05.2020)
Week 16 (01.06.2020) Week 17 (08.06.2020) |
Presentation
Re-submission period |
Assessment 2 Presentation due 25th May 2020. Feedback will be available week 16. If required re-submission for this assessment is due by the end of week 17.
|
Learning Resources
Prescribed Texts
References
Other Resources
All learning resources are available within Canvas. Resources include reading materials, videos and activities. There are Collaborate Ultra (webinar) sessions and online discussion boards.
All resources are available in the Canvas LMS.
Online learning materials can be accessed by going into the RMIT web sites Online Learning Hub.
The online learning materials listed include:
• Course outline • PowerPoint Presentations • Course Reading Manuals • Supporting Reading material • Industry relevant articles • Various learning activities • Relevant legal websites
It is recommended that you have a pen and a notebook to take notes and a device separate from a smart phone for use in all your classes.
Overview of Assessment
In order to achieve competency in this unit, you must provide:
Performance Evidence Evidence of the ability to: • explain differences between Australian law making institutions • identify appropriate institutions to hear civil versus criminal proceedings • explain how adversarial system of trial operates • explain application and outcomes of principles of precedent • read and interpret legislation. Note: If a specific volume or frequency is not stated, then evidence must be provided at least once. Knowledge Evidence To complete the unit requirements safely and effectively, the individual must: • list institutions and main features of the Australian legal system • identify legal terminology in relation to areas of practice of law and relevant legal processes • outline methods used to identify appropriate information about sources of Australian law • list scope of responsibilities in context of legal framework. Assessment Conditions Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the legal services administration field of work and include access to: • office equipment and resources • legislation and regulations relevant to common legal matters • people with expert knowledge. 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 to obtain feedback on your understanding of the concepts and issues being discussed. You can also email or arrange an appointment with your teacher to gain further feedback on your progress. You should take note of all feedback received and use this information to improve your learning outcomes and final performance in the course.Assessment Tasks
Assessment Task 1 - Folio (written report) Due Date: End of Week 8 The aim of this assessment is for you to investigate the Australian legal system using primary and secondary sources and apply relevant principles of law. You will need to produce:
- a legal research report encompassing folio tasks which clearly address the issues raised and reference all important legal materials.
Feedback for this assessment will be provided in or before week 11.
Assessment Task 2 - Presentation (Multimedia & Oral Presentation) Due Date: Week 15
Legal regulation and conflict resolution is a very important part of business and other organisations. You must prepare a presentation explaining to prospective new members of an organisation why an understanding of the law is essential for a successful business or organisation. You are welcome to research an area of future professional interest. Your presentation must address the following points:
- Impact of federation (Refer to Parliament, legislative process and delegated legislation)
- Explain criminal law using an example of legislation
- Explain civil law using an example of precedent
- Court hierarchy
- Ways of resolving conflict by diverting cases from the justice system using alternative dispute resolution methods
Feedback for this assessment will be provided in week 16.
You must successfully complete all assessments to be deemed competent in this course.
Assessment Matrix
No |
Name of Assessment Task |
Method of Assessment |
Elements Performance Criteria |
Foundation Skills |
Performance Evidence |
Knowledge Evidence |
Assessment Conditions |
1. |
Folio |
Written Report |
E1 PC 1.2 E2 PC 2.3 E3 PC 3.1 E4 PC 4.1 4.2 E5 PC 5.2 E6 6.1 6.2 |
1-6 |
1-5 |
1-4 |
1-3 |
2. |
Presentation
|
Oral Presentation |
E1 PC 1.1 1.3 E2 PC 2.1-2.2 E5 PC 5.1 5.3
|
1-6 |
1-5 |
1-4 |
1-3 |
Other Information
|
Submission Requirements
You should:
Late Submission Procedures You are required to submit assessment items and/or ensure performance based assessment is completed by the due dates. If you are prevented from submitting an assessment item on time, by circumstances outside your control, you may apply in advance to your teacher for an extension to the due date of up to seven calendar days. More Information: https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/extensions-of-time-for-submission-of-assessable-work Where an extension of greater than seven days is needed, you must apply for Special Consideration. You must submit your application within five working days after your assessment date or due date. More Information: https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/special-consideration 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. Adjustments to Assessment In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which the assessment arrangements might be granted please access the following website:
Final Results
You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.
You will receive feedback on each assessment task that will inform you about your progress and how well you are performing.
The following grades are available for this course: | ||
CA |
Competency Achieved |
|
NYC |
Not Yet Competent |
|
DNS |
Did Not Submit for Assessment |
|
Course Overview: Access Course Overview