Outline

Overview

This is a compulsory unit for all postgraduate students who do not hold a law degree or equivalent from a common law jurisdiction entering the: Master of Administrative Law and Policy; Master of Business Law; Master of Environmental Law; Master of Environmental Science and Law; Master of Health Law; Master of Labour Law and Relations as well as Graduate Diplomas offered in these programs. The unit has been designed to equip students with the necessary legal skills and legal knowledge to competently apply themselves in their chosen area of law. Instruction will cover the legislative process; the judiciary and specialist tribunals; precedent; court hierarchies; legal reasoning; constitutional law; administrative law; contracts; and torts. Some elements of the unit will be tailored in accordance with the requirements of the particular specialist programs. Students must either have completed or be concurrently enrolled in this unit prior to commencing other law units of study. Law graduates from a non-common law jurisdiction are strongly recommended to undertake this unit. This unit is not available to students who have acquired a law degree from Australia or another common law jurisdiction. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	LAWS6881
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Belinda Smith, belinda.smith@sydney.edu.au
Lecturer(s)	Louise Cauchi, louise.cauchi@sydney.edu.au

Assessment

The census date for this unit availability is 16 August 2024

Details
Criteria

Type	Description	Weight	Due	Length
Supervised exam ?	Intensive exam (40%) Supervised pen-and-paper exam	40%	August exam week	2 hours
Outcomes assessed:
Supervised test ?	in-semester test (20%) Supervised test pen and paper	20%	Week 02 Due date: 05 Aug 2024 at 16:00	1 hour
Outcomes assessed:
Assignment	Research essay (40%) Research plan (5%), essay (30%) and reflection (5%)	40%	Week 09 Due date: 23 Sep 2024 at 16:00 Closing date: 07 Oct 2024	2000 words / 7 weeks
Outcomes assessed:

Assessment summary

In-semester test (20%): The test will be a supervised, pen-and-paper test scheduled by the Law School outside of class time, commencing at 4.00PM on Monday 5 August, 2024 (Sydney, Australia time). The test will be open book, but no electronic devices may be used. The test will consist of several multiple-choice and short-response questions. The in-semester test will be one hour long, with an additional 15 minutes of reading time.

The in-semester test addresses learning outcome 1 by asking students to demonstrate an understanding of the sources of, and hierarchies between, Australian law, the fundamental principles underpinning the Australian legal system, and the government institutions responsible for making and enforcing laws, and for adjudicating disputes.

Intensive exam (40%): The exam will be a supervised, pen-and-paper exam held during the August intensive exam week commencing Monday 12 August, 2024, with the exact date to be advised by the exams office closer to the time. Exam information is available at https://www.sydney.edu.au/students/exams.html. It will be two hours long, with an additional 30 minutes of reading time. Students will be required to write short answer responses to questions about a case given to them in advance, and answer one hypothetical problem question. The exam will be open book, but no electronic devices may be used. Students who do not pass this assessment must meet with the unit coordinator to discuss further support for their studies.

The exam will address learning outcomes 2, 3 and 5 by asking students to analyse a case and evaluate the statutory interpretation approaches used in the case, and to write an answer to a legal problem question, drawing on persuasive legal arguments and appropriate citation practices.

Research Essay (40%):

Essay plan including proposed sources (5%): Students must create an essay plan and a brief list of sources related to their chosen essay question and describe how these sources will be used to support the essay. The essay plan and list of sources must be no longer than one page in total and must be submitted via Canvas no later than 4.00PM on Monday 2 September, 2024 (Sydney, Australia time).
Essay (30%): Students must answer only one question chosen from a list of questions that will be made available on Canvas from 4.00PM on Monday 5 August, 2024. The essay must be submitted via Canvas no later than 4.00PM on Monday 23 September, 2024 (Sydney, Australia time). The essay has a 2000-word limit, including citations and references. Essays will no longer be accepted for marking after 4.00PM on Monday 7 October, 2024.
Reflection (5%): At the end of the essay task, students are asked to reflect on their experience applying the legal research and legal writing skills they have learned in class. The reflection should be approximately one paragraph and describe the relationship between the essay plan and the essay. The reflection is part of the essay task and must also be submitted via Canvas no later than 4.00PM on Monday 23 September, 2024 (Sydney, Australia time). The word limit for the reflection is separate to the word limit for the essay and is 500 words.

The plan and sources, essay, and reflection task address learning outcomes 1, 3, 4 and 5 and ask students to demonstrate skills in legal research, critical analysis, and written communication by identifying, summarising, and analysing primary and secondary sources, and using these sources to support a persuasive written argument, relevant to one of the substantive topics in the unit of study. Students must also demonstrate an understanding of, and apply, the conventions of legal writing, the principles of academic integrity, and appropriate citation practices.

Word Limit Penalty: The word limit penalty will be strictly applied. A piece of assessment that exceeds the prescribed word limit (by any amount of words up to and including 100 words) will attract a 10% penalty of the total marks available for the relevant piece of assessment. Every following 100 words (or less) will attract an additional 10% penalty.

Use of editors and automated writing tools: In completing unsupervised assessments, students may use editors, proof-readers, and automated writing tools (including translation software, grammar checkers, reference generators and artificial intelligence), provided that all use is acknowledged and consistent with University policies and procedures including Academic Integrity Policy. Acknowledgment must be made in writing on the front of the work submitted for assessment, or in an appropriate footnote or other reference, and state the name of the person or software.

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

Assessment requirement to pass a unit of study: 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.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (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 at this level will generally: - answer the question completely; - contain striking originality of approach or analysis; - demonstrate exhaustive or innovative research (where research is required); - be exceptionally well written, structured and expressed’ - be exceptional in some other way.
Distinction	75 - 84	Work at this level will generally: - answer the question completely; - achieve a critical and evaluative approach to the issues; - be well structured and articulated, including in a way that supports any conclusions; - demonstrate strong research (where research is required) and analysis; - be well-documented, well expressed and free from errors.
Credit	65 - 74	Work at this level will generally: - answer the question by covering the main issues fairly well; - contain no significant errors; - attempt a critical approach to the issues; - demonstrate sound research (where research is required) and analysis; - have a clear structure and reasonably clear expression.
Pass	50 - 64	Work at this level will generally: - identify the key issues and try to engage with them to answer the question; - contain some significant errors; - offer a descriptive summary of relevant material; - use relevant material superficially, including by paraphrasing it without understanding it; - demonstrate limited research or analsysis; - be adequately expressed.
Fail	0 - 49	When you don’t meet the learning outcomes of the unit to a satisfactory standard. There are many ways to do this, but a common one is not answering the question but instead another question that you prefer. Work at this level may also: - contain significant or numerous errors; - contain few or no identifiable arguments; - contain inappropriate or irrelevant content; - demonstrate a lack of research or analysis; - be difficult or impossible to understand because of poor expression, grammar or structure.

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, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after 4.00pm but before the same time the following day, will attract a 10% penalty. Late penalties will be strictly applied. The date and time of submission as recorded by Canvas is taken as the official and final record of a student’s submission. Canvas allows students to submit after the deadline, but all submissions after the due date and time are recorded as late. The final document uploaded is the document that will be marked, and students are responsible for uploading the correct version of the correct document to the correct box for the relevant subject. Corrupt and incorrect files submitted through Canvas will not be accepted. Canvas allows students to check their submission, so please do so carefully. Late penalties do not apply to tests and exams and any late submission will not be accepted.

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.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

Weekly schedule

WK	Topic	Learning activity
Week 01	1. What are laws? 2. Fundamental principles of the Australian legal system. 3. Classification of laws	Seminar (4 hr)
	SCANA [Student Communication and Needs Assessment] . A short online activity designed to give you insights into your academic language skills and connect you with relevant academic support to help you optimize your participation in your studies	Workshop (1 hr)
	4. Courts and precedent 5. Common law reasoning	Seminar (4 hr)
	6. Answering a problem question workshop	Workshop (4.5 hr)
	7. Legislation 8. Statutory interpretation	Seminar (3.5 hr)
	9. Statutory interpretation workshop	Workshop (3.5 hr)
	10. Legal research and library skills	Seminar (1.5 hr)
	11. Legal writing 12. Academic honesty	Seminar (4 hr)

Attendance and class requirements

Attendance: All students are required to attend at least 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 undertaking the final assessment.

For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.

Referencing: Students are required to use the Australian Guide to Legal Citation (4th edition, 2018) for referencing sources in footnotes. A link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4.

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

The required textbook for this course is: David Hamer, Judith Jones, Patrick O'Mara, Belinda Smith and Tristan Taylor, Laying Down the Law (LexisNexis, 2024, 12th edition).

An electronic version of Laying Down the Law is accessible via the Library website, and sections of the textbook that are required or recommended reading will be linked to on Canvas.

However, students are strongly encouraged to purchase their own hard copy or electronic copy of the textbook, as it will be useful for the rest of their studies.

All other required readings for this unit can be accessed through the Library Reading List tab, 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. analyse the sources and hierarchies of Australian law, the fundamental principles underpinning the Australian legal system, and the government institutions responsible for making and enforcing laws, and for adjudicating legal disputes.
LO2. apply methods and principles of statutory interpretation to resolve legislative ambiguities and identify legislative intent.
LO3. construct persuasive written legal arguments, employing evidence, legal principles, and multiple perspectives, and communicate these arguments to diverse audiences.
LO4. use legal research skills to identify, locate, and evaluate primary and secondary sources, and use those sources to provide appropriate support for answers to essay questions and legal problem questions.
LO5. identify and implement the conventions of legal writing via the creation of essays, case summaries, and responses to legal problem questions, employing appropriate citation practices and the principles of academic integrity.

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.

The unit content, schedule of activities, and scheduling of assessments, have been revised in light of student and teacher feedback.

Additional information

Please note that it is an expectation that students will attend the workshop and complete the SCANA [Student Communication and Needs Assessment] Task on Day 1.

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

Support for students

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

LAWS6252: Legal Reasoning and the Common Law System

Semester 2a, 2024 [Block mode] - Camperdown/Darlington, Sydney

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

Support for students

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