Course Title: Legal Process

Part A: Course Overview

Program: C6070

Course Title: Legal Process

Portfolio: BUS

Nominal Hours: 51.0

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.

Course Code

Campus

Career

School

Learning Mode

Teaching Period(s)

LAW5040

City Campus

TAFE

650T TAFE Business

Face-to-Face

Term1 2008,
Term1 2010

Course Contact: Robyn Lang

Course Contact Phone: +61 3 9925 1565

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


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.


Pre-requisite Courses and Assumed Knowledge and Capabilities

None



National Competency Codes and Titles

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.


Overview of Assessment

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