Course Title: Investigate and apply legal process

Part B: Course Detail

Teaching Period: Term2 2016

Course Code: JUST5747

Course Title: Investigate and apply legal process

School: 650T Vocational Business Education

Campus: City Campus

Program: C6141 - Advanced Diploma of Legal Practice

Course Contact: Robert Sheen

Course Contact Phone: +61 3 9925 5759

Course Contact Email: robert.sheen@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Paul Ryan

paul.ryan@rmit.edu.au

9925 5466

80.05.018

Nominal Hours: 50

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 analyse and evaluate institutions within the Australian legal system, to investigate and classify sources of Australian Law, and, to assess concepts underlying the application of law in order to support the work of a legal office, practice or associated context.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VU21631 Investigate and apply legal process

Element:

1.Report on the constitutional structure of government and the sources of law in Australia

Performance Criteria:

1.1 Identify the structure and the main institutions of government in Australia and outline the key functions of each component
1.2 Describe the functions and hierarchy of government in Australia and present in diagrammatic form.
1.3 Define and trace the developmental bases of Australian Law
1.4 Analyse and consider the rules for resolving conflicts of laws

Element:

2.Analyse and evaluate division of the functions and limits of power between the Commonwealth and the States in Australia

Performance Criteria:

2.1 Research and assess the reasons for and purposes of federation
2.2 Identify the legislative powers of the Commonwealth, with reference to specific powers, exclusive powers and concurrent powers
2.3 Determine the limits on the legislative powers of the Commonwealth, with reference to implied limitations-specific powers, express prohibitions and referenda
2.4 Analyse the extent and influence of the Legislative powers of States, with reference to territorial limitations, concurrent powers and residual powers
2.5 Evaluate the relationship between the legislative powers of the Commonwealth and States in consideration of the:
• exclusive powers of the Commonwealth
• inconsistency between Commonwealth and State Law
• external affairs power and the role of the High Court

Element:

3.Evaluate the differences between civil and criminal proceedings

Performance Criteria:

3.1 Describe and discuss Criminal Law, with specific reference to: summary offences; indictable offences; Mens Rea; strict liability, and penalties
3.2 Describe and discuss Civil Law, with specific reference to areas of law and remedies
3.3 Identify the aspects of Criminal and Civil actions and distinguish the differences between them
3.4 Identify and describe the jurisdictions of Victorian and Federal courts and present diagrammatically.

Element:

4.Evaluate the adversarial system of trial used in Australian courts

Performance Criteria:

4.1 Identify and compare the main features of both the adversarial system of trial and the inquisitorial system used in civil law countries with reference to the:
• role of the parties
• role of the judge
• use of juries
4.2 Identify and describe the pre-trial procedures required in the adversary system
4.3 Outline and discuss the role of trial procedures for both criminal trials and civil hearings

Element:

5.Evaluate and apply alternative dispute resolution procedures

Performance Criteria:

5.1 Research and discuss the reasons why a person may not wish to take legal action to resolve a potential legal dispute
5.2 Identify and compare the alternative dispute resolution procedures with legal actions, in relation to: costs; time involved; formality of procedures; confidentiality, and, likelihood of outcome being satisfactory for all parties
5.3 Describe how alternative dispute resolution procedures may be applied to a range of circumstances and analyse in terms of relevance and effectiveness.
5.4 Identify how methods of alternative dispute resolutions are used within the court system and examine in terms of relevance and effectiveness.

Element:

6.Outline and evaluate the role of judicial law making

Performance Criteria:

6.1 Outline the process of judicial law making and identify and list its advantages and disadvantages
6.2 Describe the means by which precedent changes with reference to:
• applying and extending
• distinguishing
• reversing
• overruling
• disapproving
• abrogating and inconsistency with legislation
6.3 Assess judicial law making with reference to:
• sources of precedent
• reporting of case law
• binding precedent
• ratio decidendi
• obiter dicta

Element:

7.Evaluate the process of enactment of legislation by Parliament

Performance Criteria:

7.1 Outline and present diagrammatically the passage of legislation through Parliament
7.2 Identify and describe the elements of an Act of Parliament
7.3 Determine the classifications of Acts of Parliament
7.4 Analyse the process of making delegated legislation

Element:

8.Evaluate the approaches to the interpretation of legislation applied by the courts

Performance Criteria:

8.1 Determine and outline the reasons why interpretation of legislation is required
8.2 Identify and discuss the approaches to the interpretation of legislation applied by the courts
8.3 Outline and discuss the role of interpretation of legislation in the context of judicial law making

Element:

9.Research sources of legal information

Performance Criteria:

9.1 Determine and outline primary sources of law and search for given examples of laws with reference to Act of Parliament, regulation and reported decision.
9.2 Determine and outline secondary sources of law

Learning Outcomes



 


Details of Learning Activities

 

 


Teaching Schedule

 

Induction Session

Prior to training commencement a program level induction session will be conducted that comprises the following:

  • Program overview and requirements
  • MyRMIT/Blackboard
  • Overview of assessment requirements
  • Pre-Training Review including:
    • Recognition of Prior Learning and Credit Transfers
    • Assessment of current skills and knowledge
  • Competency/Grading Criteria
  • Plagiarism
  • Appeals
  • Extensions
  • Feedback
  • Privacy
  • Submission requirements
  • Resubmission policy
  • Where to get support
  • Student responsibilities 

 The Teaching Schedule for this course is as follows. (Please note that this schedule is subject to change)

Week No.

Date Week Begins

Topic:

Assessment tasks

1

July 4

Introduction to and overview of Legal Process

 

2

July 11

Introduction & overview

Element 1:-

Constitutional structure of government & the sources of law in Australia.

 

*Text chapter 1 and chapter 2

Selection of Groups for Court visit

Task 1 – Court Visit and Report

3

July 18

Element 1 cont. & Element 2:-

Division of the functions and limits of power between the Commonwealth and the States in Australia.

 

*Text chapter 2 (pp52-65, 72-78, 81,103)

Distribution of Assessment task 1 – Court Visit and Report

4

July 25

The Australian court System

Element 2 cont.

Element 3:-

The differences between civil & criminal proceedings.

 

*Text chapter 2 pp81-90

 

Element 4:-

The adversarial system of trial used in Australian courts.

 

*Text chapter 2 (pp90-99)

 

Element 5:-

Alternative dispute resolution procedures.

 

*Text chapter 2 pp104-105

 

5

August 1

Week 4 topics continued.

Assessment Task 1 - Court Visit and Report due (25%)

Submit electronically via turnitin by midnight Sunday 31 July and by hand in class on Monday 1 August

6

August 8

Element 6 & 9:-

The role of judicial law making, reading case law and introduction to sources of legal information.

 

*Text chapter 2 pp99-104, 81

Assessment Task 2 – Moot Court Cases to be assigned

 7

August 15

Element 1 & 7:-

The structure of parliament and the process of enactment of legislation by Parliament.

 

*Text chapter 2 pp62-71, 78-80

 

 

8

August 22

Element 8:-

The approaches to the interpretation of legislation applied by the courts.

 

*Text chapter 3 pp127-143

 

MID-SEMESTER BREAK:- August 29 – September 2 inclusive

9

September 5

Element 9 & 7:-

Sources of legal information.

Reading the law.

 

*Text chapter 3 pp114-126, 144-148.

10

September 12

Preparation of Moot Court Cases.

 

11

September 19

Hearings of Moot Court Cases pt 1.

Assessment Task 2 – Moot Court Case (30%) pt 1

12

September 26

Hearings of Moot Court Cases.pt 2

Assessment Task 2 – Moot Court Case (30%) pt 2

13

October 3

Revision

 

14

October 10

Final Test

Assessment Task 3 – Open Book Final Test (45%)

Elements 1,2,3,4,5,6,7,8,9 assessed.

15

October 17

Feedback and assessment review

 

16

October 24

Feedback and assessment review

 

 

 

 


Learning Resources

Prescribed Texts


References


Other Resources


Overview of Assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

In order to demonstrate competency in this unit, you must provide evidence of:

• investigating sources of Australian Law
• determining primary and secondary sources of law for a specific case, case study or scenario
• searching primary sources of law in order to identify given examples of laws with reference to Act of Parliament, regulation and reported decision
• tracing the development of Australian Law
• researching, analysing and describing the functions and institutions of the Australian legal system
• evaluating, discussing and employing concepts underlying the application of law within a legal office, or related, environment
• knowledge of structure and functions of the Australian legal system
• knowledge of Australian government structure and legislative powers
• analysis of the application of the approaches to the interpretation of legislation in relation to particular provisions of legislation and a specific case study
• analysis of a precedent in order to identify and apply the ratio decidendi and obiter dicta to a specific case study

Context for assessment

Assessment must ensure:

• activities are related to a legal practice context
• activities are related to laws, regulations and procedures currently operating across the jurisdictions relevant to this qualification

You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.

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 so that you can obtain feedback on your understanding of the concepts and issues being discussed.

You should take note of all feedback received and use this information to improve your learning effectiveness and final performance in the course.

Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.


Assessment Tasks

 

The assessments for this course have been designed to allow participants to apply their learning to particular simulated work scenarios and demonstrate their competence in a variety of ways.

Assessment Task 1 - Court visit and Report
Weighting: 25%
Elements Assessed: 3,4.
Due Date: Week 5 by midnight Sunday 31 july
Submission Procedure:
Written report to be submitted via turnitin.
The purpose of this task is to develop your understanding of the legal system in Victoria by viewing a court case in a real life setting and preparing a written report on your court experience.

Assessment Task 2 - Moot Court case hearings
Weighting: 30%
Elements Assessed: 3,4,6,7,8,9.
Due Date: - Weeks 11, 12 - Weeks commencing 19 and 26 September 
Submission Procedure:
Written report to be submitted through turnitin.
Court hearings to be undertaken by way of oral presentations.
The purpose of this task is experience a simulated court case.

Assessment Task 3 – Final Test
Weighting : 45%
Due Date: Week 14 - week commencing 10 October
Submission Procedure: Open book supervised test
The purpose of this assessment is to assess the body of learning for the course by assessing Elements 1,2,3,4,5,6,7,8,9.

You must satisfactorily complete all assessment tasks in order to achieve competency.

 


Assessment Matrix

Course Overview: Access Course Overview