Course Title: Investigate and apply legal process
Part B: Course Detail
Teaching Period: Term1 2020
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: Callie Harvey
Course Contact Phone: +61 3 9925 5772
Course Contact Email: callie.harvey@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Bill Unkles
bill.unkles@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:
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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:
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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:
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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
This course is comprised of one single competency VU21631/JUST5747 Investigate & Apply Legal Process.
Prior to training commencement a program level induction session will be conducted that comprises the following:
Induction Session
- 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: JUST 5747 Investigate and Apply legal process, Semester 1, 2020 | ||||
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Week commencing date |
Topic |
Readings and Activities |
Assessment |
Elements and Performance Criteria |
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Week 1 February 10 |
ORIENTATION WEEK Introduction and overview of Legal Process |
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Week 2 February 17 |
Introducing the Law |
Reading: Recommended text Chapter 1 pp1-18 Readings and activities in canvas |
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Various |
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Week 3 February 24 |
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Reading: Recommended text Chapter 2.1 pp 32 - 50 Readings and activities in canvas |
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Elements 1 & 2 |
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Week 4 March 2 |
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Reading: Recommended text Chapter 2.2 & 2.3 (pp50-67) Understanding the Australian legal system Readings and activities in canvas
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Elements 1 & 2 |
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Week 5 March 9 |
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Reading: Recommended text Chapter 3.1 & 3.2 Readings and activities in canvas |
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Elements 1,2&7 |
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Week 6 March 16 |
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Reading -Recommended text Chapter 3.3, 3.4, 3.5 Readings and activities in canvas |
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Elements 3, 4 & 5 |
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Week 7 March 23 |
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Reading -Recommended text Chapter 3.3, 3.4, 3.5 Readings and activities in canvas |
Individual student / teacher feedback |
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Week 8 March 30 |
Week 7 continued
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Reading - Recommended text Chapter 3.3, 3.4, 3.5 Readings and activities in canvas |
Individual student / teacher feedback |
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Week 9 April 6 |
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Reading - Recommended text Chapter 3 Politicians & Judges - Judges/the judiciary Readings and activities in canvas |
Assessment Task 1 Due- The Legal Labyrinth Assignment You will receive feedback in week 11
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Element 6 |
| Mid-Semester Break | ||||
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Week 10 April 20 |
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Reading: Recommended text Chapter 4 (pp127-143) How to find, understand and use the law Readings and activities in canvas |
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Element 8 |
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Week 11 April 27 |
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Reading: Recommended text Chapter 4 (pp127-143) How to find, understand and use the law Readings and activities in canvas |
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Element 8 |
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Week 12 May 4 |
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Reading: Text Chapter 4.1 – 4.3 Readings and activities in canvas |
Re-submission Due for Assessment Task 1- The Legal Labyrinth Assignment Course Experience Survey to be completed |
Elements 6, 7, 8 & 9 |
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Week 13 May 11 |
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Reading - Text Chapter 4.1 – 4.3 Readings and activities in canvas |
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Elements 6, 7, 8 & 9 |
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Week 14 May 18 |
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Assessment Task 2 Due- You be the Judge You will receive feedback in week 16 |
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Week 15 May 25 |
Resubmissions |
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Week 16 June 1 |
Resubmissions |
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Week 17 June 8 |
Grade Entry |
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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
References
Other Resources
Recommended Text:- James, Nicholas, Business Law (Wiley 4th ed, 2017)
Additional resources will be provided via CANVAS
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
You will demonstrate competency by undertaking two assessments. You must successfully complete all assessments to be deemed competent in this unit.
ASSESSMENT TASK 1: The Legal Labyrinth
Due: Monday, 6 April 2020
Summary and Purpose: 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
Due: Monday, 18 May 2020
Summary and Purpose: The purpose of this task is for you to use precedent law, and apply the approaches to interpreting legislation, in a case study.
You must successfully complete all assessments to achieve competency in this course.
Assessment Matrix
The assessment matrix that maps all the assessment is available on Canvas.
Other Information
Submission Requirements:
- Ensure that you submit assessment items and/or performance based 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 a footer with your name, student number, the title of the assessment, unit code and title and page numbers.
Resubmissions (VET Programs)
If you are found to be unsuccessful (Not satisfactory/Unsatisfactory) in a Course Assessment Task 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.
Penalties for Late Submission
Late submissions of assignments without special consideration or extension will automatically be considered a re-submission (see above).
Extensions, Special Consideration and Adjustment to Assessments
Extensions:
Extensions are available for unforeseen circumstances of a short-term nature.
An application form must be submitted to the school at least one working day before the due date of the assessment.
Extensions can be approved for a maximum of one week (seven calendar days) past the due date for an assessment. (Where students need an extension exceeding one week they must instead apply for special consideration.)
Special consideration:
Special consideration is available for unexpected circumstances outside students’ control. These include but are not limited to: unexpected short-term ill health, and unavoidable family, work, cultural or religious commitments.
An application for special consideration is made in advance of an assessment wherever possible but will normally be accepted within five working days after the assessment date
For more information, see the Special Consideration page of the RMIT website.
Adjustments to Assessment:
RMIT provides several adjustments to assessment for students experiencing ongoing or long-term circumstances. Find the right one for your circumstances here.
Changes to the Assessment Scheme
Where a change to assessment approved by the dean/head of school changes an assessment due date, students will be given at least five working days’ notice of the new due date.
Feedback
You can expect to receive marks and feedback on in-course assessment work in time to improve your performance in related assessment tasks later in the course.
Academic Integrity and Misconduct
Students demonstrate academic integrity in their assessment practices by:
- engaging with assessment activities in an honest way;
- providing accountability for the authorship and originality of work submitted;
- acknowledging the work of others and the re-use of original work.
Academic misconduct is addressed in accordance with the Student conduct policy
Assessment involving research with human participants, their information or their tissue, or animal subjects is carried out in accordance with the Staff ethics and integrity policy.
For further information see the Academic Integrity website.
Review and Appeal
A student may request a review of an assessment result or appeal a final course grade in accordance with the Conduct of assessment and appeals section of the Assessment Processes.
Grade Criteria
You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying. The following grades are available for this course.
CA - Competency Achieved
NYC - Not Yet Competent
DNS - Did Not Submit for assessment
SEC - Stopped engagement in course
WDR - Withdrawn from course
RSC - Remission (removal) of debt under special circumstances – applies where a student is granted a remission of debt in special circumstances after the census date.
Course Overview: Access Course Overview