Outline

Overview

Legal interpretation is the process by which the legal meaning of a text is worked out by reference to the text considered in context and with regard to its purpose. This course deals with the principles and methods of legal interpretation. While mainly relating to statutory interpretation, the unit will also cover aspects of the law of interpretation of private law instruments, the Constitution, and treaties. The principles and methods of legal interpretation are directed to a purpose - to answer a question about contested legal meanings. The course will focus on the primary elements of interpretive practice: reading and understanding the text in its proper context, and in the light of its purpose and the objective intention of the drafter. The course will cover: * Approaches to legal interpretation, with emphasis on the function of interpretation in private and public law. * Aspects of the interpretation of private instruments, wills, contracts, testamentary dispositions, collective agreements. * Drafting and clear expression. * Principles of statutory interpretation, including the conventions of grammatical interpretation of statutes; the use of technical words; the need to read the instrument as a whole; the role and function of interpretation acts, including legislation requiring consideration of Human Rights principles; approaches to ambiguity and inconsistency of language; specific common law principles and presumptions of interpretation; the use of extrinsic aids to interpretation, and the identification of statutory purpose. * Aspects of interpretation of national and international instruments - Constitutions and treaties. Part of the course content will be taught by eminent guest lecturers from the Faculty and the profession.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	LAWS1015 and LAWS1021
Corequisites ?	None
Prohibitions ?	LAWS5143
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Patricia Lane, patricia.lane@sydney.edu.au

Type	Description	Weight	Due	Length
Assignment	Optional Self-Set Research Essay Final assessment	0%	Formal exam period Due date: 22 Nov 2021 at 09:00	2500 words/32 days
Outcomes assessed:
Assignment	Optional Analytical Essay Final assessment	0%	Formal exam period Due date: 22 Nov 2021 at 09:00	2500 words/28 days
Outcomes assessed:
Assignment	Optional Long Problem Final assessment	0%	Formal exam period Due date: 22 Nov 2021 at 09:00	2500 words/21 days
Outcomes assessed:
Assignment	Compulsory written assignment Interim assessment	0%	Mid-semester break Due date: 27 Sep 2021 at 16:00	2500 words/45 days
Outcomes assessed:
Assignment	Compulsory drafting exercise Written task	0%	Week 09 Due date: 15 Oct 2021 at 16:00	1000 words/39 days
Outcomes assessed:
= hurdle task ?

Assessment summary

Written assignment (40%): All students are required to complete a written assignment, 2500 words, based on a topic to be released Monday 16 August. The topic will cover material dealt with in the first 8 lectures of this course. This Assignment is designed to test students’ ability to identify and classify interpretive arguments, and to understand and articulate the way judges approach and resolve conflicts over the application of legal text. The Written Assignment is due 4pm Monday 27 September

Drafting exercise (20%): All students are required to complete a written drafting assignment based on a topic to be released Monday 30 August. Students are to produce a clear text about the problem to be solved; the nature of the parties’ proposed legal relationship (and any relevant external constraints), and the rules of clear grammatical expression.The Drafting Exercise has a word limit of 1000 words; no footnotes are permitted. Students may submit explanatory/additional material, 1000 words maximum, which may be considered when determining the mark. The Drafting Exercise is due 4pm Friday 15 October

Final Assignment (40%). All students are required to select ONE of the following three options for the final assessment of this unit. Regardless of which option is chosen, the assessment choice will account for 40% of the total grade. The same deadline applies to all three options, namely, 9am Monday 22 November.

Analytical Essay: the subject matter will be on a topic which requires students to integrate the learning over the whole course. The word limit is 2500 words. The topic will be released Friday 22 October. The deadline is Monday 22 November at 9am.

Self-Set Research Essay: Students may undertake research on a topic of particular interest. The topic must pose a question to be answered within the 2500 word limit. Students proposing to undertake this option, should submit a proposed question and brief explanation of the area of research they wish to investigate before Monday 18 October. These topics must be approved in advance. (Due to the consultative nature of this written assessment, anonymous submission may not be practical.) The deadline is 9am Monday 22 November.

Long Problem: Students may choose to undertake a long problem involving actual application of statutory provisions to a hypothetical scenario. The word limit is 2500 words. The Long Problem will be released Friday 29 October. The deadline is 9am Monday 22 November.

A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

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	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	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	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	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 a 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	Does not answer the question. Contains significant or numerous errors. Few or no identifiable arguments. Content that is inappropriate or irrelevant. Lack of research or analysis. Difficult or impossible to understand through poor grammar, expression or structure. Overall, does not demonstrate the minimum level of competence in the assessment.

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:

A late submission which has not been granted an extension, will attract a penalty of 1 mark per day or part day overdue. A submission that exceeds the prescribed word limit will attract a penalty of 1 mark for every 100 words, or part thereof, over the limit. The word limit includes footnotes but does not include any bibliography. Students should submit a bibliography if they wish to demonstrate the research they undertake. Each submission must contain a statement on the first page clearly indicating the number of words (including footnotes). There is a penalty of 5 marks for falsely stating the number of words.

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 to the course - the function and context of legal interpretation; Approaches to legal interpretation	Seminar (2 hr)
Week 01	Words and meaning - an exercise in text and context.	Seminar (2 hr)
Week 02	Words and rules	Seminar (2 hr)
Week 02	Drafting - hands on; Class exercise	Seminar (2 hr)
Week 03	Interpretation in private law - wills, contracts and trusts	Seminar (2 hr)
Week 03	Contracts - Interpretation, implication, and statutes	Seminar (2 hr)
Week 04	"words words words" - the text and limits of clear meaning	Seminar (2 hr)
Week 04	Text and context - the literal meaning and the legal meaning	Seminar (2 hr)
Week 05	Statutes and their relationship with the common law - history and the canons of construction	Seminar (2 hr)
Week 05	Instructions about Interpretation - interpretation acts and other statutory provisions	Seminar (2 hr)
Week 07	Drafting in a nutshell	Seminar (2 hr)
Week 07	Policy and structure in drafting	Seminar (2 hr)
Week 08	The anatomy of a statute - the Native Title Act	Seminar (2 hr)
Week 08	Drafting workshop statutes	Seminar (2 hr)
Week 09	Statutory purpose and legislative intention - the translation of policy into practice.	Seminar (2 hr)
Week 09	Statutes and the common law again - the concept of “codes”	Seminar (2 hr)
Week 10	The boundaries of legislative, executive and judicial power: human rights acts	Seminar (2 hr)
Week 10	“Fiddling” with the common law? Identifying purpose and the relationship between common law and statute in the Civil Liability Act 2002 NSW	Seminar (2 hr)
Week 11	Interpreting the Constitution	Seminar (2 hr)
Week 11	Treaty interpretation and international law	Seminar (2 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinatoor) to satisfy the pass requirement 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: A submission that exceeds the prescribed word limit will attract a penalty of 1 mark for every 100 words, or part thereof, over the limit.

For the Analytical Essay and the Long Problem, the word limit includes footnotes but does not include any bibliography. Students should submit a bibliography if they wish to demonstrate the research they undertake.
The Drafting Exercise (40%) has a word limit of 1000 words; no footnotes are permitted. Students may submit explanatory/additional material, 1000 words maximum, which may be considered when determining the mark.
Each submission, referred to above, must contain a statement on the first page clearly indicating the number of words (including footnotes). There is a penalty of 5 marks for falsely stating the number of words.

Referencing: 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 further referencing requirements are set out on the topic sheet for each assessment.

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

All readings for this unit can be accessed through the internet or the Library Reading List available on Canvas.

Herzfeld, P; Prince, T, and Tully, S: Interpretation and use of Legal Sources (The Laws of Australia) Thomson Reuters 2013

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 nature of legal interpretation and its place in the legal system
LO2. understand methods for undertaking the task of interpretation
LO3. articulate the principles informing legal interpretation and know how to apply them
LO4. use your practical experience in the course to draft legal text.

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.

Updated to reflect policy on word count, penalties

Additional information

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

LAWS3443: Interpretation

Semester 2, 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