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Unit outline_

LAWS5143: Interpretation

Semester 2, 2021 [Normal day] - Remote

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
? 
LAWS5002) and LAWS5007
Corequisites
? 
None
Prohibitions
? 
LAWS3443
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: LO1 LO2 LO3 LO4
Assignment Optional Analytical Essay
Final assessment
0% Formal exam period
Due date: 22 Nov 2021 at 09:00
2500 words/28 days
Outcomes assessed: LO1 LO2 LO3 LO4
Assignment Optional Long Problem
Final assessment
0% Formal exam period
Due date: 22 Nov 2021 at 09:00
2500 words/21 days
Outcomes assessed: LO1 LO2 LO3 LO4
Assignment Compulsory written assignment
Interim assessment
0% Mid-semester break
Due date: 27 Sep 2021 at 16:00
2500 words/45 days
Outcomes assessed: LO1 LO3 LO2
Assignment hurdle task Compulsory drafting exercise
Written task
0% Week 09
Due date: 15 Oct 2021 at 16:00
1000 words/39 days
Outcomes assessed: LO1 LO4 LO2
hurdle task = 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.

OR

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.

OR

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 Friday 19 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.

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 to the course - the function and context of legal interpretation; Approaches to legal interpretation Seminar (2 hr) LO1 LO2
Words and meaning - an exercise in text and context Seminar (2 hr) LO1 LO2 LO3
Week 02 Words and rules Seminar (2 hr) LO1 LO2
Drafting - hands on; Class exercise Seminar (2 hr) LO1 LO4
Week 03 Interpretation in private law - wills, contracts and trusts Seminar (2 hr) LO1 LO2 LO3
Contracts - Interpretation, implication, and statutes Seminar (2 hr) LO2 LO3
Week 04 "words words words" - the text and the limits of clear meaning Seminar (2 hr) LO2 LO3
Text and Context - the literal meaning and the legal meaning Seminar (2 hr) LO2 LO3
Week 05 Statutes and their relationship with common law - history and the canons of construction Seminar (2 hr) LO1 LO4
Instructions about interpretation - Interpretation Acts and other statutory provisions Seminar (2 hr) LO1 LO4
Week 07 Drafting in a nutshell Seminar (2 hr) LO1 LO2 LO3
Policy and structure in drafting Seminar (2 hr) LO2 LO3
Week 08 The anatomy of a statute - the Native Title Act Seminar (2 hr) LO1 LO2 LO3
Drafting workshop statutes Seminar (2 hr) LO1 LO2 LO4
Week 09 Statutory purpose and legislative intention - the translation of policy into practice. Seminar (2 hr) LO1 LO2 LO3
Statutes and the common law again - the concept of “codes” Seminar (2 hr) LO2 LO3
Week 10 The boundaries of legislative, executive and judicial power: human rights acts Seminar (2 hr) LO1 LO2 LO3
“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) LO2 LO3
Week 11 Interpreting the Constitution Seminar (2 hr) LO1 LO2 LO3
Treaty interpretation and international law Seminar (2 hr) LO1 LO2 LO3

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: 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 (40%) and the Long Problem (40%), 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

Please check assignment topic instructions for specific referencing requirements for each assignment

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 on the internet or through the Library eReserve, 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 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 nature of legal interpretation and its place in the legal system
  • LO2. understand methods for undertaking the task of legal 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
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

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

Changes have been made to this unit to accomodate new university policies on take home examination and resumption of face to face teaching

Disclaimer

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

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