Course Title: Identify and apply the legal framework
Part B: Course Detail
Teaching Period: Term1 2020
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
Bill Unkles
bill.unkles@rmit.edu.au
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 may 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
The following courses are are delivered together under the title Legal Framework:
- FNSACC413/LAW5751C Make Decisions in a Legal Context
- BSBLEG413/LAW5745C Identify and Apply Legal Framework
(Please note that this schedule is subject to change)
| Course Schedule: Make Decisions in a Legal Context (LAW5751C) & Identify and Apply Legal Framework (LAW5745C) Semester 1, 2020 | |||
Week Commencing |
Topics |
Activities and tasks |
Assessments |
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Week 1 February 10 |
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 |
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Week 2 February 17 |
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
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Week 3 February 24 |
Statutory Interpretation |
Work book pages and activities Pages 18 - 24, 87 - 94 Activity page 96 |
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Week 4 March 2 |
Precedent |
Work book pages and activities Pages 79-86 Activity pages 81-83 and 85 - 86
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Week 5 March 9 |
Contract Law |
Power point presentations Readings Canvas Activities |
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Week 6 March 16 |
Negligence and Negligent Misstatement |
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Week 7 March 23 |
Compliance Requirement and Processes in Conveyancing
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Week 8 March 30 |
Business Structures |
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Week 9 April 6 |
Consumer Law - Misrepresentation |
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Mid Semester Break |
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Week 10 April 20 |
Introduction to Property Law |
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Week 11 April 27 |
Superannuation Law Tax Law Revision |
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Week 12 May 4 |
Resubmissions |
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13 June 8 |
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 including the self - paced activities in the workbooks.
Learning Resources
Prescribed Texts
References
Other Resources
Online learning materials can be accessed by going into the RMIT's Learning Management System, Canvas.
The online learning materials listed may include:
- Course outlines
- Power point Presentations
- 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
You need to successfully complete all assessments to be deemed competent in the co-delivered courses LAW 5751C Make decisions in a legal context and LAW5745C Identify and apply legal framework.
Assessment 1: Knowledge Assessment
Due: Sunday, 26 April 2020
This assessment is the first of two assessments. 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.
For this assessment you are required to answer three questions which relate to the Australian legal system and processes.
All three questions must be answered correctly for you to be assessed as satisfactory for this assessment task.
Assessment 2: Case Studies
Due: Sunday, 31 May 2020
This assessment is the second of two assessments. This assessment task allows you to apply your knowledge and skills of the Australian legal system and processes in particular:
- Applying binding and persuasive authority to a fact situation
- Applying the rules of statutory interpretation
- Advising on an appropriate entity for a new conveyancing business
- Review and assist in developing, organisational procedures to meet compliance requirements
You need to satisfactorily answer all the questions in the following two case studies.
The first case study requires you to apply both binding and persuasive authority to the fact situation of Wilson v Ferguson.
Assessment Matrix
The assessment matrix that maps all the assessment is available on Canvas.
Other Information
Submission Requirements
- 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 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
Course Overview: Access Course Overview