Outline

Overview

This unit of study is designed to provide students with a foundation for the study of law. It introduces students to the operation of the Australian legal system and the interaction of the courts and parliaments in a federal system. The unit has a practical focus of building skills of legal reasoning and analysis, with a particular focus on case analysis and statutory interpretation, and an introduction to legal problem solving. These practical skills are necessary to complete a law degree. This unit of study also includes an overview of the sources of law in the Australian legal system in its historical context, and an introduction to fundamental concepts of law. In doing so, it provides opportunities for critical engagement in debates about the role of law in Australia, including issues of law affecting indigenous peoples in Australia. Active class participation and discussion based on pre-reading is an essential aspect of the seminars.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	LAWS1000 or LAWS1006
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Barbara McDonald, barbara.mcdonald@sydney.edu.au

Type	Description	Weight	Due	Length
Presentation	Group Case Analysis Presentation Case Analysis Group Presentation	0%	Multiple weeks	n/a
Outcomes assessed:
Assignment	Short release assignment	30%	Week 01 Due date: 05 Mar 2021 at 16:00	Maximum 1000 words/ 6 hours
Outcomes assessed:
Assignment	Short Release Case Analysis Assignment Case Analysis Assignment	70%	Week 05 Due date: 31 Mar 2021 at 10:00	3000 words/2 days
Outcomes assessed:
= hurdle task ? = group assignment ?

Assessment summary

Group Presentation:

Assessed on a pass/fail basis.
Undertaken in class in weeks 2, 3 or 4
Students will be assessed individually for their contributions to a group case analysis presentation with cases and groups allocated in Seminar 1.

Short release assignment:

30%
Students will have 6 hours to complete a 1000 word assignment.
This assignment will require students to answer a number of questions on the topics studied to date. The assignment will be released on Canvas on Fridat 5 March at 10 am and answers must be submitted no later than 4 pm on the same day.

Short Release Case Analysis Assignment:

70%
Students will have 48 hours to complete a 3000 word case analysis assignment.
This assignment will require students to analyse and comment on a given case in the light of topics we have studied in this unit. The assignment will be released at 10 am on Monday 29 March and answers must be submitted no later than 10 am on Wednesday 31 March.

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:

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
Pre-semester	Introduction to the Australian legal system and a short history of the development of Australian law.	Online class (2 hr)
	Concepts of law; law and custom	Online class (2 hr)
	Sources of law in Australia	Online class (2 hr)
	Case law and the doctrine of precedent	Online class (2 hr)
	Indigenous people and the law in Australia	Online class (1 hr)
	Legal change and indigenous people: Mabo (no 2) and beyond.	Online class (1 hr)
	Separation of powers. Federal and State legislative powers.	Online class (2 hr)
	Statutory interpretation I	Online class (2 hr)
	Statutory Interpretation II	Online class (2 hr)
	Developing the law in an age of statutes	Online class (2 hr)
Week -01	Law, Lawyers and Legal Education. Essential knowhow. Reading a judgment.	Seminar (2 hr)
	Law, morality and custom. The rule of law.	Seminar (2 hr)
	Case law and precedent	Seminar (2 hr)
	Legal change in the common law	Seminar (2 hr)
Week 01	Statutory interpretation I	Seminar (2 hr)
	Statutory interpretation II	Seminar (2 hr)
	The Judicial Function and the role of judges	Seminar (2 hr)
	Problem solving: the IRAC method. Precedents and legal change. Surviving law school	Seminar (2 hr)
Week 02	Case analysis group presentations on criminal law and procedure	Seminar (2 hr)
Week 03	Case analysis group presentations on tort law	Seminar (2 hr)
Week 04	Case analysis group presentations on constitutional law and equity/contract law	Seminar (2 hr)

Attendance and class requirements

Attendance: Students are advised and expected to listen to all lectures and attend all seminars in this unit. 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
Word count: Any part of a submitted assessment task which exceeds the prescribed word limit will not be read by the examiner. The total word count for written assessments will exclude bibliography; footnote numbers; footnote citation; cover page; and will include body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.
Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style. See the library website: https://libguides.library.usyd.edu.au/c.php?g=508212&p=347637

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 Library Leganto system, available via Canvas.

Robin Creyke, David Hamer, Patrick O’Mara, Belinda Smith and Tristan Taylor, Laying Down the Law (LexisNexis Butterworths, 11th ed, 2020). Hard copy available via online or from Glebebooks, Glebe. E-book available for purchase from Lexis Nexis website.
Foundations of Law (Juris Doctor) 2021 Reading Materials. Make sure you select the correct reading materials for the stream you are enrolled in either the full time Feb-Mar intensive or the Part-time evening stream as the reading materials for each are different. They are available from the University Copy Centre in the Sydney University Sports and Aquatic Centre, Maze Crescent, Darlington. All materials will also be available online via Canvas but students are strongly advised to obtain a hard copy if possible.
Other required reading set out in Reading Guide and available in Leganto.

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. demonstrate a basic understanding of the Australian legal system and fundamental concepts and debates involving the legal system in Australia
LO2. demonstrate a basic understanding of how law is made or changed by case law and legislation in the context of social changes
LO3. demonstrate a basic understanding of the respective role of the courts, parliaments and the executive; and the interaction of judge-made law and statutes.
LO4. demonstrate a basic understanding of the principles of judicial reasoning and statutory interpretation
LO5. develop skills of comprehending and critically analysing primary and secondary materials in law
LO6. develop skills of oral and written analysis and communication about legal issues

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.

This unit has been continuously developed, taking into account student feedback in previous years.

Additional information

Recorded lectures (March intensive students only, not applicable to the Part Time Evening stream):

Please note that all “online classes” listed in the learning activities for 2021 are lectures that will be pre-recorded and will be available on Canvas on or before the weeks indicated. We suggest that students begin listening to lectures on or before 15 February, so that they are well prepared for the first week of seminars. Students should refer to the Reading Guide on Canvas for a detailed schedule of lectures.

Teacher consultation guidelines: Please contact lecturer in class or by email. Please use your University of Sydney email address, not a
private email address. Students should provide their student identification number and their full name, as well as any adopted name, when corresponding with academic staff.

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

LAWS5000: Foundations of Law

Intensive March, 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