Course Title: Work in Legal Environment

Part B: Course Detail

Teaching Period: Term1 2010

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

Georgy Dumas
Location: Building 51 level 2
Phone: 9925-4203

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:

1. Evaluate the origins and sources of law in Australia

Performance Criteria:

1.1 State and Commonwealth laws and constitutions are identified.
1.2 The process of Federation is outlined.
1.3 The sources of law in Australia are investigated.
1.4 The role, purpose and principles governing delegated legislation are investigated.

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.
10.2  The functions and powers of the law enforcement agencies are analysed.
10.3  The effectiveness of the law enforcement agencies are evaluated.

Element:

2. 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.
2.2 Relevant statutes/precedents  to resolve legal disputes and case examples are investigaged and applied.

Element:

3. 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: the reasons for Federation and the objectives of Federation.
3.2 The development of constitutional law  in Australia is investigated.
3.3 The structure of government established by the Australian Constitution, including the legislative, administrative and judicial powers is evaluated.
3.4 The theory of separation of powers is evaluated and applied.
3.5  The division of legislative powers between the Commonwealth and the States is investigated.
3.6 The passage of legislation through Parliament is examined.
3.7  The limits on the legislative powers of the Commonwealth are evaluated.
3.8 The elements of an Act of Parliament are identified.

Element:

4. 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.
4.2 The principles behind the Law of tort and Law of  Contract are examined.
4.3 The purpose and key legal provision f the Family Law Act 1975 ( Commonwealth) are examined.
4.4 The pricnples of Civil, Criminal and Family Law are applied.

Element:

5. Analyse the administration of the law at various jurisdictional levels.

Performance Criteria:

5.1 The structure, jurisdiction and appeal processes of Australian courts and tribunals are analysed.
5.2 The process of civil litigation is examined.
5.3 The process of criminal action is examined.

Element:

6. 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.
6.2 The reasons for the interpretation of statutes are evkluated.

Element:

7. 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.
7.2 The application of the doctrine of Precedent is reviewed.

Element:

8. 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 is examined.
8.2  The principles of natural justice are investigated.
8.3 The administrative provisions relating to the judicial review of the Administrative Acts under the Commonwealth and Victoria Law is reviewed.

Element:

9. 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.
9.2 The relevant applicability of the rules of natural justice are examined and applied.

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 on 10th to 12th March 2010 to analyse the role of Federation and passsing 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: The Supreme Court and Court of Appeal-role, function

Week Seventeen:  Revision


Learning Resources

Prescribed Texts

Victorian Criminal Procedures By Richard Fox, Monash University press-available at the RMIT Bookshop.  Students may also wish to visit the Clayton or Caulfield campuses of Monash to access second hand copies at a reduced cost. this text will be used for all law  couses in this program


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:  Week 6 Hurdle tasks-short written responses to topics
Task 4:  Week 14 End of term comprehensive examination s above


Assessment Matrix

Other Information

You are required to attend weekly class sessions to be able to satisfactorily meet the learning outcomes

Course Overview: Access Course Overview