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Unit outline_

LAWS1006: Foundations of Law

Semester 1, 2020 [Normal day] - Camperdown/Darlington, Sydney

This unit of study provides a foundation core for the study of law. The aim is to provide a practical overview of the Australian legal system, an introduction to the skills of legal reasoning and analysis which are necessary to complete your law degree, and an opportunity for critical engagement in debate about the role of law in our lives. The course will introduce students to issues such as: (i) the development of judge made and statute law, with a particular focus on English and Australian legal history; (ii) the relationship between courts and parliament; (iii) the role and function of courts, tribunals and other forms of dispute resolution; (iv) understanding and interrogating principles of judicial reasoning and statutory interpretation; (v) the relationship between law, government and politics; (vi) what are rights in Australian law, where do they come from and where are they going; (vii) the development and relevance of international law. The course focus may be subject to change.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
LAWS1000 or LAWS5000
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator David Kinley, david.kinley@sydney.edu.au
Tutor(s) David Kinley, david.kinley@sydney.edu.au
David Hamer, david.hamer@sydney.edu.au
Elisa Arcioni, elisa.arcioni@sydney.edu.au
Kym Maree Sheehan, kym.sheehan@sydney.edu.au
Ghena Krayem, ghena.krayem@sydney.edu.au
Micah Burch, micah.burch@sydney.edu.au
Type Description Weight Due Length
Participation hurdle task Structured participation
Participation
10% Ongoing n/a
Outcomes assessed: LO1 LO6 LO5 LO4 LO3 LO2
Participation hurdle task Unstructured participation
Participation
10% Ongoing n/a
Outcomes assessed: LO1 LO6 LO5 LO4 LO3 LO2
Assignment hurdle task Case analysis and commentary
Assignment
30% Week 08
Due date: 20 Apr 2020 at 15:00
1800 words
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
Assignment hurdle task Final essay
Essay
50% Week 14 (STUVAC)
Due date: 05 Jun 2020 at 23:59
2500 words
Outcomes assessed: LO1 LO3 LO4 LO5 LO6
hurdle task = hurdle task ?

Assessment summary

Detailed information for each assessment can be found on Canvas.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

Work receiving a high distinction grade will generally exhibit the following characteristics:

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

Work receiving a distinction grade will generally exhibit the following characteristics:

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

Work receiving a credit grade will generally exhibit the following characteristics:

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

Work receiving a pass grade will generally exhibit the following characteristics:

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

When you don’t meet the learning outcomes of the unit to a satisfactory standard.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

Penalties: The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Week 01 Introduction Lecture and tutorial (3 hr) LO1 LO2 LO5 LO6
Week 02 Development and Change of the Australian legal system I Lecture and tutorial (3 hr) LO1 LO2 LO3 LO5 LO6
Week 03 Development and Change in the Australian Legal System II Lecture and tutorial (3 hr) LO1 LO3 LO4 LO5 LO6
Week 04 Case Law and Precedent I Lecture and tutorial (3 hr) LO2 LO3 LO5 LO6
Week 05 Cases and precedent II Lecture and tutorial (3 hr) LO2 LO3 LO4 LO5 LO6
Week 06 Statutory interpretation I Lecture and tutorial (3 hr) LO2 LO3 LO5 LO6
Week 07 Statutory interpretation II Lecture and tutorial (3 hr) LO2 LO3 LO4 LO5 LO6
Week 08 The Judiciary Lecture and tutorial (3 hr) LO1 LO3 LO4 LO5 LO6
Week 09 The Parliament Lecture and tutorial (3 hr) LO1 LO3 LO4 LO5 LO6
Week 10 The Executive Lecture and tutorial (3 hr) LO1 LO3 LO4 LO5 LO6
Week 11 Law, Narrative and Access to justice Lecture and tutorial (3 hr) LO1 LO3 LO4 LO6
Week 12 Law and Ethics Lecture and tutorial (3 hr) LO3 LO4 LO6
Week 13 International Law and Human rights Lecture and tutorial (3 hr) LO3 LO4 LO5 LO6

Attendance and class requirements

  • Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

    In exceptional circumstances of serious illness, injury or misadventure, the Unit Coordinator may reduce or waive this requirement subject to the student meeting all assessment requirements and providing satisfactory supporting documentation

  • Word Count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% pf the total marks available for the piece of assessment for every 100 words, or part thereof.

    The total word count for essay and other written assessments will:

    Exclude: bibliography; footnote numbers; footnote citation; cover page and

    Include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnote

  • Referencing Guidelines:  The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376



With the move to online delivery the Law School attendance requirement no longer applies. Students should refer to Canvas for details of class engagement in individual units of study.
 

 

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Robyn Creyke, David Hamer, Patrick O’Mara, Belinda Smith & Tristan Taylor, Laying Down the Law (LexisNexis Butterworths, 10th ed, 2018)

Details of other required readings will be available on Canvas.

 

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. understand the basic elements of the Australian legal system
  • LO2. identify sources of law and how they relate to each other
  • LO3. actively engage with legal materials (cases, statutes and commentary)
  • LO4. think and write about legal material in an analytical manner
  • LO5. appreciate the complexity of balancing power between parliament, courts and the executive
  • LO6. investigate the ongoing tension between rules and discretion in law.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

Course Material has been updated since it was last offered

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.