Outline

Overview

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 ?	LAWS5000
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Cameron Stewart, cameron.stewart@sydney.edu.au

Type	Description	Weight	Due	Length
Participation	Structured participation Participation	10%	Ongoing	n/a
Outcomes assessed:
Participation	Unstructured participation Participation	10%	Ongoing	n/a
Outcomes assessed:
Assignment	Case analysis and commentary Assignment	30%	Week 08 Due date: 26 Apr 2021 at 15:00	1800 words
Outcomes assessed:
Assignment	Final essay Essay	50%	Week 13 Due date: 31 May 2021 at 23:59	2500 words
Outcomes assessed:
= hurdle task ?

Assessment summary

Class Participation 20%

There are two components of class participation. The unstructured component consists of 10% based on your contributions to the discussion in class. Students will be assessed on the following criteria:

1. Preparation (presentation): had the student read and was prepared to discuss the readings for the assigned week prior to coming to class?

2. Preparation (exercises): was the student prepared in advance for in-class exercises where required?

3. Contribution to small and large group discussions: did the student actively volunteer answers, asked relevant questions, express an opinion and analyse the contributions of others?

4. Group skills: did the student allow others to contribute, avoid class domination, share ideas with others, assist others, provide positive feedback to others and exhibit tolerance and respect for others?

5. Communication skills: did the student exhibit high quality expression, clarity, conciseness, use of appropriate vocabulary and confidence in speaking?

6. Attendance: did the student attend class punctually?

Students should submit a self-assessment form in Week 13 to their tutors for this assessment component.

In week 1, students will be allocated a question of exercise from the readings to present to class. Your presentation must be between 20-30 minutes. This may include the presentation itself and any class discussion that your group facilitates that is relevant to your topic. Your task is to present to the class any aspect of the set topic, this may include any or all of the readings for that topic, it may also include coverage of the set tasks or questions contained in the course outline. Part of your task is to determine what is manageable in the set time. As the topics, readings and set tasks differ between classes, you must consult with your tutor when deciding what you will be covering in your presentation. You should consult with your tutor about your presentation at least one week prior to the presentation.

You will be assessed on the following aspects of your presentation:

1. Demonstrated understanding of the topic

2. Preparation

3. Structure

4. Clarity

5. Engagement with class

6. Creativity

Feel free to use powerpoint slides, photos, videos, quizzes etc in your presentation.

Case analysis 30%

In week 2 you will be provided with a case that you must read and then perform the follow:

1. Provide a case note which includes the following:

(a) Name of the jurisdiction, court and judges;

(b) a brief statement of material facts of the case;

(d) the procedural history of the case;

(e) any ratio(nes) decidendi, including the reasoning used to get there (including decisions from other courts);

(f) any obiter dicta

(g) the result and orders in your own words (10 marks).

2. Identify at least one example of statutory interpretation from the attached case and explain the approach taken by the court. In your answer you must refer to relevant parts of the case and your course readings (10 marks).

3. Do you agree with the court’s assessment and decision? (10 marks).

Final essay 50%

You will be given a final essay topic. The aim of this assignment is to construct an original, well-sourced, and well-reasoned response to one of the questions based upon critical reflection on the main themes introduced in the course. The purpose of the essay is to examine your critical engagement with, and analysis of those themes and the course materials. You are encouraged to support your analysis with the materials in the course. You are also expected to use 5 sources from outside of the course materials.

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:

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.

Learning support

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.

Weekly schedule

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

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person and/or online attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.
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

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, 11th ed, 2020)

Details of other required readings will be available on Canvas.

Learning outcomes

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.

Outcomes
Graduate qualities

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
Learning outcomes

Responding to student feedback

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

Course Material has been updated since it was last offered

Additional information

Resources - Sydney Law Students

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.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS1006: Foundations of Law

Semester 1, 2021 [Normal day] - Remote

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect