Course Title: Identify and apply the legal framework
Part B: Course Detail
Teaching Period: Term2 2019
Course Code: LAW5745C
Course Title: Identify and apply the legal framework
School: 650T Vocational Business Education
Campus: City Campus
Program: C6164 - Advanced Diploma of Conveyancing
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
Nominal Hours: 60
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 research legal systems and jurisdictions within Australia.
It applies to individuals who use well-developed research skills to analyse and evaluate information from a variety of sources to provide support in a range of legal service settings
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
BSBLEG413 Identify and apply the legal framework |
Element: |
1. Identify sources of law |
Performance Criteria: |
1.1 Identify main institutions of government in Australia 1.2 Research sources of Australian law 1.3 Assess rules for resolving conflicts of laws |
Element: |
2. Identify and analyse relationships between the Australian federal government and the states and territories |
Performance Criteria: |
2.1 Identify legislative powers of Australian Federal Government and limits of that power 2.2 Analyse legislative powers of states and territories 2.3 Evaluate relationship between legislative powers of the Federal Government and state and territory governments |
Element: |
3. Differentiate between civil and criminal proceedings |
Performance Criteria: |
3.1 Identify and examine differences in law and procedures between civil and criminal proceedings 3.2 Analyse findings and determine which court would hear particular cases |
Element: |
5. Examine elements of precedent |
Performance Criteria: |
5.1 Identify main features of principles of precedent 5.2 Analyse how precedent is applied in the legal environment 5.3 Examine and document outcomes of precedent |
Element: |
6. Examine legislation |
Performance Criteria: |
6.1 Examine principles for reading and interpreting legislation 6.2 Apply principles for reading and interpreting legislation in the legal environment |
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 thought various technology platforms and include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.
The collaborative classroom based activities will include group discussion, 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
Identify and Apply Legal Framework LAW5745C co-delivered with
Make Decisions in a Legal Context LAW5726C
Prior to training commencement a program level induction session will be conducted that comprises the following:
- Program overview and requirements
- Canvas Learning Hub
- 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 but please note that it is subject to change.
| Course Schedule: Make Decisions in a Legal Context (LAW5726C) & Identify and Apply Legal Framework (LAW5745C) Semester 2, 2019 | |||
Week / Class Date |
Topics |
Activities and tasks |
Assessments |
|
1 5/8/2019 |
Introduction to Course Australian Legal System - Intro Legislation and case law as a source of law
Relationships between the Federal and the states and |
Work book pages and activities Pages 1 - 8 Work book pages and activities Pages 1 - 15, 38 – 39
Activities pages 12 - 13 Canvas Activities |
|
|
2 12/8/2019 |
Differentiate between civil and criminal Adversary trial system |
Work book pages and activities Pages 43 - 72 Activity pages 52-55,
Work book pages and activities Pages 25 - 37, 40 - 42, 73 - 79.
Canvas Activities
|
|
|
3 19/08/2019 |
Statutory Interpretation |
Work book pages and activities Pages 18 - 24, 87 - 94 Activity page 96 |
|
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4 26/08/2019 |
Precedent |
Work book pages and activities Pages 79-86 Activity pages 81-83 and 85 - 86
|
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5 9/9/2019 |
Contract Law |
Power point presentations Readings Canvas Activities |
|
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6 16/09/2019 |
Negligence and Negligent Misstatement |
|
Assessment Task 1 – Knowledge Assignment |
|
7 23/09/2019 |
Compliance Requirement and Processes in Conveyancing
|
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8 30/09/2019 |
Business Structures |
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9 7/10/19 |
Consumer Law - Misrepresentation |
|
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10 14/10/19 |
Introduction to Property Law Superannuation Law Tax Law |
|
|
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11 21/10/19 |
Assessment Task 2 - Case studies |
||
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12 28/10/19 |
Resubmissions |
|
|
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13 5/11/19 |
Grade Entry |
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The nominal hours associated with this 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
Online learning materials can be accessed by going into the RMIT web sites Online Learning Hub.
The online learning materials listed include:
- Course outlines
- Supporting Reading material
- Industry relevant articles
- Activities.
Overview of Assessment
In order to achieve competency in this unit, you must provide:
Performance Evidence
Evidence of the ability to:
- explain differences between Australian law making institutions
- identify appropriate institutions to hear civil versus criminal proceedings
- explain how adversarial system of trial operates
- explain application and outcomes of principles of precedent
- read and interpret legislation.
Knowledge Evidence
To complete the unit requirements safely and effectively, the individual must:
- list institutions and main features of the Australian legal system
- identify legal terminology in relation to areas of practice of law and relevant legal processes
- outline methods used to identify appropriate information about sources of Australian law
- list scope of responsibilities in context of legal framework.
Assessment Conditions
Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the legal services administration field of work and include access to:
- office equipment and resources
- legislation and regulations relevant to common legal matters
- people with expert knowledge.
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.
Assessment Tasks
This course is comprised of two competencies that are co-delivered and co-assessed (delivered and assessed together). You must successfully complete Task 1 and Task 2 to be deemed competent.
Assessment Task 1 - Knowledge Assessment (Week 6)
For this assessment task you are required to answer three questions which relate to the Australian legal system and processes.
This assessment task allows you to demonstrate your knowledge of the Australian legal system and processes in particular:
· differences between an adversarial system and an inquisitorial systems of law
· differences between the trials in a civil and criminal matter
· how to distinguish the ratio decidendi and obiter dictum of a decision.
Assessment task 2 - Case Studies (Week 11)
For this assessment task 1 you are required to answer questions for three case studies.
There are three case studies that you will need to complete satisfactorily. The first case study requires you to apply both binding and persuasive authority to the fact situation of Wilson v Ferguson. The second case study, Jane Parr v Estate Michael Parr, Deceased you will need to apply the rules of statutory interpretation to arrive at a decision as to the interpretation of ‘stepchild’ and the final case study to provide advice to Bronwyn Thompson on an appropriate entity for a new conveyancing business.
You must successfully complete all assessment tasks to be deemed competent.
Assessment Matrix
The assessment matrix that maps all the assessments 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: If you are found to be unsuccessful (Not satisfactory/Unsatisfactory) in a particular 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. 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 you are performing. The following grades are available for this course:
| CA | Competency Achieved |
| NYC | Not Yet Competent |
| DNS | Did Not Submit for Assessment |
Course Overview: Access Course Overview