Course Title: Investigate and apply legal process

Part B: Course Detail

Teaching Period: Term2 2018

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

John Marshall

john.marshall@rmit.edu.au

 

 

 

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

A range of learning activities are planned for this course including self-paced and collaborative classroom-based activities.

The self-paced activities will be delivered through various technology platforms and may include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.

The collaborative classroom-based activities will include group discussions, group problem-solving activities and opportunities to practice your skills in a simulated/real workplace environment.

We expect you to participate and contribute in all scheduled 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/Canvas
  • 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)

Course Schedule                                                                                                                                                                            Semester 1: 2018

Week 

commencing date

Topic

Readings and Activities

Assessment

Unit(s) of Competency

Elements and Performance Criteria

Week 1

2/7/18

 

 

ORIENTATION WEEK

Introduction and overview of Legal Process

 

 

 

 

Week 2

9/7/18

 

Introducing the Law

Reading: Text Chapter 1 pp1-18

 

 

 

 Various

Week 3

16/7/18

 
  • Overview of Aust. legal system
  • History – developmental bases of Australian Law
  • Sources of Law

Reading: Text Chapter 2.1 pp 32 - 50

 

 

 Elements 1 & 2

Week 4

23/7/18

 
  • Constitutional structure of government and the sources of law in Australia
  • Division of the functions and limits of power between the Commonwealth & the States
  • The Executive government

Reading: Text Chapter 2.2 & 2.3 (pp50-76) Understanding the Australian legal system 

 

 

 

 Elements 1 & 2

Week 5

 30/7/18
  • The nature & structure of Parliament
  • How laws are made
  • Types of legislation

Delegated legislation

Reading: Text Chapter 3.1 & 3.2
Politicians & Judges (pp77-92)

 

 

 

 Elements 1, 2 & 7

Week 6

6/8/18 

 
  • The Australian Court System
  • Jurisdictions & Hierarchy of Victorian & Federal Courts
  • Tribunals
  • Court Processes
  • Adversarial System
  • Civil & criminal proceedings & procedures
  • Alternative dispute resolution

 Reading -Text Chapter 3.3, 3.4, 3.5
Politicians & Judges (pp 92-127)

 

 

 Elements 3, 4 & 5 

Week 7

13/8/18

 

 Week 6 continued

 

 

Individual student / teacher feedback

 

Week 8

20/8/18

 

 Week 6 & 7 continued

 

 

Individual student / teacher feedback

 

Break 27/8 - 31/8 inclusive

 

 

 

 

 

Week 9

3/9/18

 
  • The role of judicial law making
  • The doctrine of precedent

Reading - Text Politicians & Judges - Judges/the judiciary (p92, pp114-Chapter 3 119)

 Assessment Task 1 Due- The Legal Labyrinth Assignment

 

 Element 6

Week 10

10/9/18

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

Reading: Text Chapter 4 (pp127-143) How to find, understand and use the law

 

 

 

 Element 8

Week 11

17/9/18

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

Reading: Text Chapter 4 (pp127-143) How to find, understand and use the law

 

 

  Element 8

Week 12

24/9/18 

 
  • Sources of legal information
  • Reading the law - legislation & case law
  • Using the law – answering legal problems

 Reading: Text Chapter 4.1 – 4.3
How to find understand & use the law (pp129-163)

  

Course Experience Survey to be completed

 Elements 6, 7, 8 & 9

Week 13

1/10/18

 
  •  Sources of legal information
  • Reading the law - legislation and case law
  • Using the law - answering legal problems

 Reading - Text Chapter 4.1 – 4.3
How to find understand & use the law (pp129-163)

 

 

 Elements 6, 7, 8 & 9

Week 14

8/10/18
  • Effective note taking
  • Preparing for open book tests

 

 Assessment Task 2 Due-

You be the Judge

 

 

Week 15

15/10/18

 

 

 

  Re-submission 

Assessment Task 2 -You be the Judge

 

 

Week 16

22/10/18

 

 

 Re-submission 

Assessment Task 2 -You be the Judge

 

The nominal hours associated with this course are a guide only and represent the total teaching time and student effort required to successfully complete the course. This may include not only scheduled classes but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.


Learning Resources

Prescribed Texts

N.James, Business Law (Wiley, 4th ed. 2017)


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

ASSESSMENT TASK 1: The Legal Labyrinth:-

The purpose of this task is for you to use your knowledge and develop your understanding of Government in Australia, and  the Australian legal system, by conducting research and exploring first-hand Melbourne’s legal precinct; the courts, Parliament and some key legal offices. Your exploration will require you to identify and apply in a practical way key concepts that underpin our legal world.

ASSESSMENT TASK 2: You be the Judge – Statutory Interpretation & Precedent Law May Include Case Study, problems, short answer and Multiple choice questions.:-

The purpose of this task is for you to use precedent and other law, and apply the approaches to interpreting legislation and problem solving, in a mix of case study, and /or solving problems, providing short answers and/or selecting correct answers from multiple choices.


Assessment Matrix

The assessment matrix that maps all the assessment is available on CANVAS 

Other Information

Submission Requirements

 

You should:

 

  • Ensure that you submit assessments on or before the due date. 
  • Always retain a copy of your assessment tasks. (hard copy and soft copy)
  • When you submit work for assessment at RMIT University you need to use the Assessment task document that includes a declaration and statement of authorship.
  • Each page of your assessment should include footer with your name, student number, the title of the assessment, unit code and title and page numbers.

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.  Applications for special consideration must be submitted no later than two working days after the assessment task deadline or scheduled examination.

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 in a particular Course Assessment Task (or you do not submit/attend) 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.

Grading & re-submissions

Successful re-submissions will contribute a CAG only (Competency Achieved Grading) result to your overall grade for the course.

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:

https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/adjustments-to-assessment

 

Marking Guide (Competency):

 

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.

 

 

Marking Guide (Grading)

 

After achieving competency we then grade your performance in the unit and you will achieve one of the following grades:

 

Final Grades table:

 

 

CHD

Competent with High Distinction

 

 

CDI

Competent with Distinction

 

 

CC

Competent with Credit

 

 

CAG

Competency Achieved – Graded

 

 

CA

Competency Achieved – Not Graded

 

 

NYC

Not Yet Competent

 

 

DNS

Did Not Submit for assessment

 
       

 

 

Further information regarding the application of the grading criteria will be provided by your teacher.

Course Overview: Access Course Overview