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)
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| Week 4 – 3rd Mar |
Sources of Law
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| 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)
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| 20th to 26th March |
Mid Semester Break (Student Vacation)
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| Week 6 - 27 March |
Court Jurisdiction and Hierarchy (Court visit- Thursday class)
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| Week 7 – 31st Mar | Court Jurisdiction and Hierarchy | Court Presentations and Reports (15%) to be conducted during class. |
| Week 8 – 7th April |
Australian Constitution
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| Week 9 – 14th April |
Alternative Dispute Resolution
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| Week 10 – 21st April |
The Doctrine of Precedent Application
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| Week 11 – 28th April |
The Parliamentary Process
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| Week 12 – 5th May |
Understanding Legislation
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| 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)
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| Week 16 – 2nd June |
Preparation of Cases
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| Week 17 – 9th June |
Mock Court Cases
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| Week 18 – 16th June |
Outcome of Mock Court Cases and Feedback and Assessment Review
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Learning Resources
Prescribed Texts
Andy Gibson and Douglas Fraser Business Law 3ed (Pearson/Prentice Hall) |
References
Cook, et al. Laying Down the Law 6 Edition ( Aust:Butterworths: 2005) |
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 Assignment | Class 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