Course Title: Investigate and apply legal process
Part B: Course Detail
Teaching Period: Term1 2017
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
Karen Ward
karen.ward@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/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 | Week Commencing | Topics | Assessment |
| 1 | 08/02/16 | ORIENTATION WEEK | |
| 2 | 150/2/16 | 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 Submit electronically via turnitin by midnight Sunday 20 March
|
| 3 | 22/02/16 | 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) |
Distribution of Assessment task 1 – Court Visit and Report |
| 4 | 29/02/16 | Element 2 cont. Element 3:- The differences between civil & criminal proceedings. *Text chapter 2 pp81-99 Element 4:- *Text chapter 2 (pp90-91) Element 5:- *Text chapter 2 pp104-105 |
|
| 5 | 07/03/16 | Week 4 topics continued. | |
| 6 | 14/03/16 | Public Holiday – no formal class Independent study to be undertaken. |
Assessment Task 1 - Court Visit and Report due (25%) Submit electronically via turnitin by midnight Sunday 20 March |
| 7 | 21/03/16 | Element 6:- The role of judicial law making. *Text chapter 2 pp99-104, 81 |
Assessment Task 2 – Moot Court Cases to be assigned |
| 24/03/16 - 30/03/2016 | ***Mid-Semester Break*** (No scheduled classes) | ||
| 8 | 04/04/16 | Element 7:- The process of enactment of legislation by Parliament. *Text chapter 2 pp65-71, 78-80 |
|
| 9 | 11/04/16 | Element 8:- The approaches to the interpretation of legislation applied by the courts. *Text chapter 3 pp127-143 |
|
| 10 | 18/04/16 | Element 9:- Sources of legal information. *Text chapter 3 pp114-126, 144-148. |
|
| 11 | 25/04/16 | Public Holiday – no formal class Independent study to be undertaken. |
|
| 12 | 02/05/16 | Preparation of Moot Court Cases. | |
| 13 | 09/05/16 | Hearings of Moot Court Cases. | Assessment Task 2 – Moot Court Case (30%) |
| 14 | 16/05/16 | Further assessments if required. | |
| 15 | 23/05/16 | Final Test | Assessment Task 3 – Open Book Final Test (45%) Elements 1,2,3,4,5,6,7,8,9 assessed. |
| 16 | 30/05/16 | Feedback and assessment review |
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, 3rd ed. 2014) |
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 6 by midnight Sunday 20 March
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: - Week 13 - Week commencing 9th May
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 15 - week commencing 23 May
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
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 (both hard copy and soft copy).
• Use a cover sheet that includes a declaration and statement of authorship when you submit work for assessment at RMIT University. You must complete, sign and submit a cover sheet with all work you submit for assessment, whether individual or group work. On the cover sheet you must declare that the work you are presenting for assessment is your own work. An assignment cover sheet for submission of each assessment task is available on Blackboard.
• Include a footer (appearing on each page of your assessment) with your name, student number, assessment title, course code, course title and page numbers. For example, Kelly Hervey, 324567, Task 2, OHS2345C Ensure safe workplace, Page 1 of 10.
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. For more Information go to: http://www.rmit.edu.au/students/assessment/extension
The application form may be obtained from: http://mams.rmit.edu.au/seca86tti4g4z.pdf
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. For more Information go to: http://www.rmit.edu.au/browse;ID=g43abm17hc9w
The application form may be obtained from: http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf
Resubmissions (VE Programs):
You must satisfactorily complete all assessment tasks in order to achieve competency.
If an assessment task is assessed as not yet satisfactory, you will be allowed one resubmission opportunity only. Your teacher will provide feedback detailing what you need to do in order to satisfactorily complete that task, and will set a new deadline for the resubmission within the current semester.
If your resubmission is deemed to be not yet satisfactory then you must apply in writing to your Program Manager outlining the steps you will take to demonstrate competence in that course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as practical.
If your resubmission is deemed satisfactory then you may still achieve competency for the course, provided that all other assessment tasks are satisfactorily completed. Further, if this satisfactory resubmission is of a task that contributes to the overall grading of this course, then it shall only be entitled to receive a score that equates to 50% of the total marks allocated for that task.
Adjustments to Assessment
In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which an adjustment to the assessment arrangements might be granted please access the following website: http://rmit.edu.au/browse;ID=7usdbki1fjf31
Marking Guide (Competency):
You must demonstrate through your performance in the Course Assessment Tasks that you have all the required skills and knowledge as specified in the unit of competency (course) you are studying.
Your submitted assessments are the evidence used to determine if you have met all critical aspects of the assessments, and if any critical aspects have not been met, then you cannot be deemed competent in this course.
On each assessment task you will receive feedback against the competency requirements for that task, and the outcome of the task will be recorded as either satisfactory (all requirements have been met) or not yet satisfactory (one or more requirements has not yet been met).
Only when all assessment tasks have been assessed as satisfactory will you be deemed competent in this course.
Marking Guide (Grading)
Only after achieving competency in this course will you receive a grade corresponding to your level of performance in the course.
The reported Final Grade will be one of the following:
| CHD | Competent with High Distinction |
| CDI | Competent with Distinction |
| CC | Competent with Credit |
| CAG | Competency Achieved – Graded |
| NYC | Not Yet Competent (all assessment tasks submitted) |
| DNS | Did Not Submit (one or more assessment tasks not submitted) |
Further details regarding the application of the grading criteria will be provided by your teacher.
Course Overview: Access Course Overview