Foundations of Law Unit Outline PDF

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Summary

Unit outline for Foundations of Law. Contains course routine and reading list for the semester....

Description

SUBJECT OUTLINE 70102 Foundations of Law Course area

UTS: Law

Delivery

Spring 2021; standard mode; City

Credit points 8cp Result type

Grade and marks

Attendance: Any timetabled on-campus attendance requirements in this subject have been temporarily changed due to COVID-19 in our community. This subject will be delivered wholly online for Weeks 1 to 4 for spring 2021. A return to face-to-face classes (on-campus) after Week 4 will be subject to any NSW Government Covid-19 rules and restrictions and you will be notified by your Subject Coordinator if further changes are required.

Subject coordinator Name: Dr Alecia Simmonds Faculty: Law Email: [email protected] For all administrative queries about the subject please contact the Law Faculty on the following email address: [email protected]

Teaching staff Name: Dr Alecia Simmonds Email: [email protected] Name: Julian Dight Email: [email protected] Name: Associate Professor Jessie Hohmann Email: [email protected] Name: Dr Maree Murray Email: [email protected] Name: Professor Brian Opeskin Email: [email protected]

Subject description This subject introduces students to the foundations of Australian law: its origins, institutions, cultural contexts and theoretical foundations. We examine the role of the legal doctrine of terra nullius in the British colonisation of Australian peoples and places, and its connection to the 'reception' of English law into Australia. We explore the key ideas that underpin Australia's legal institutions including democracy, sovereignty, the rule of law and the separation of powers. We combine our understanding of the historical development of Australian law and legal institutions with a critical analysis of their conceptual underpinnings using critical legal theory. This theory scrutinises the assumptions, logic, language and practice of law. Using a critical analysis of law, for example, from the perspective of the colonised rather than the colonising, allows students to ask different questions about not only the abstract principles of law, but also the lived experience of law. The subject also introduces students to the nature of legal thinking and legal practice including research methods, and the techniques and principles involved in reading and interpreting case law and statute. Legal reasoning is one of the most important topics in the subject and students are given the opportunity to explore both traditional methods of legal reasoning and critical lenses through which to analyse and evaluate a legal question. For instance, using feminist legal theories and critical race theory we can arrive at different answers to the same legal question. The critical legal thinking and legal research skills that students develop in this subject are essential to the successful completion of later subjects in the law degree program.

Subject learning objectives (SLOs) Upon successful completion of this subject students should be able to:

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1. Explain the histories and cultures of the Australian legal system in terms of its key events and concepts, and their effect on the practice and experience of contemporary law from a range of perspectives. 2. Explain how disputes are classified into the language, logic and structure of law and situated within broader cultural and social contexts; and define the major principles and categories of law through which disputes are addressed. 3. Explain what critical thinking is and its relevance to the analysis of law. 4. Identify, articulate, analyse, evaluate and challenge the reasoning process of both one's own position and other people's positions and arguments on specific questions using critical thinking skills. 5. Articulate and conduct the key components of the legal research process including identifying, distinguishing between and locating primary and secondary sources; interpreting and evaluating relevant sources; accurate note-taking and acknowledgment of sources. 6. Demonstrate proficiency in foundational legal knowledge, critical thinking and legal research skills by combining all three effectively to independently answer a legal question.

Course intended learning outcomes (CILOs) This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes: Legal Knowledge A coherent understanding of fundamental areas of legal knowledge including: a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge; b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy; c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and d. The principles and values of justice and ethical practices in lawyers’ roles. (LAW.1.1) Critical Analysis and Evaluation A capacity to think critically, strategically and creatively, including the ability to: a. Identify and articulate legal issues in context, including the skill of critical reading and writing; b. Apply reasoning and research to generate appropriate responses; c. Engage in critical analysis and make a reasoned choice amongst alternatives; and d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) Research skills Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1) Communication Effective and appropriate communication skills including: a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments; b. An ability to communicate to inform, analyse, report and persuade; c. An ability to strategically select an appropriate medium and message; d. An ability to assess how messages are received and alter communication strategies accordingly; and e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1) Indigenous cultural capability The capacity: To work with Indigenous peoples in a professional context; a. To respect, recognise and advocate for Indigenous strengths and self-determination; b. To acknowledge and respect Indigenous Knowledges; c. To understand the impact of colonisation, specifically historical and ongoing racism and the economic impact of dispossession resulting in social and economic exclusion, and d. To identify and challenge the deficit narratives and biases of Anglo-Australian laws towards Indigenous Australians. (LAW.7.1)

Teaching and learning strategies 1. Independent preparation for class Class preparation is integral to the learning strategies in this subject because preparation enables students to gain legal knowledge and skills which they then test and practise in class. Student learning is supported by Canvas which provides thorough details about what you need to read or view before attending each class, as well as the questions and activities that will guide 21/07/2021 (Spring 2021)

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each class. Each class has its own separate module. You must read each module as it contains details of all readings, preparation activities, questions and learning activities set for each seminar. Preparatory readings, materials and activities are designed to equip students for seminars, provide detail on legal concepts, principles and theories discussed in seminars, encourage engagement and independent learning skills and provide insight into appropriate form, language, expression and legal citation for legal writing. Students are to either have access to Canvas in class (or have printed out the discussion starter questions/activities) and bring along to each class any accompanying materials, notes and the set text book. Preparation activities set out in each module on Canvas cover a wide range of activities including: prescribed readings; watching vodcasts; completing research exercises; and preparing written answers to set questions aimed at developing legal knowledge and encouraging critical thinking. Some classes also require students to prepare written material that will be peer-assessed in class. Completion of these preparation activities enables students to participate in informed class discussion, test their understanding about the assigned topic and practise critical thinking and research skills. 2. In-class activities The learning environment and in-class activities in seminars are designed to be lively, intellectually challenging, interesting and supportive. Seminars are interactive forums and students are expected to participate actively in class. Participation activities include: answering and posing questions; debates with peers; critical thinking exercises; research exercises; practising oral communication skills and engaging in collaborative activities working in pairs and larger groups. Students are encouraged to bring their laptops to seminars. 3. Feedback Feedback from the seminar leader and peers is available to students in each and every class and also through the Canvas discussion board forums where students can post questions and comments from the first seminar. Students are encouraged to actively seek feedback on their understanding by answering and asking questions in class. Posts on the Canvas Discussion Board are read by all students enrolled in this subject, and by all seminar leaders and the coordinator; therefore all posts should be succinct and use respectful and non-discriminatory expression. Any use of offensive language may result in an allegation of student misconduct. The Discussion Board will be checked by the Coordinator regularly and all posts will be answered within 48 hours unless the answer is contained within this Subject Outline or in the Learning Guide or in the UTS:Law Student Guidebook. Before posting a question, please check it is not already answered in one of these documents or in a previous chain of discussion. The Discussion Board is not monitored outside of business hours. Students receive individual feedback on their progress in the subject before the census date through the completion of an online quiz (details below in Assessment Task 1). Before submitting any of the assessment tasks students should read the marking criteria carefully and use it to self-assess their own work before submission. When the tasks are marked and returned, students should read the feedback carefully and incorporate this into future tasks. Students receive individual feedback on all formal assessment tasks. 4. Research This subject aims to equip students with the necessary legal research skills required for their undergraduate studies and beyond. Effective legal research skills ensure students are able to learn about new areas of the law and keep up to date throughout their careers. Students develop, practise and demonstrate their research skills through two dedicated research classes, in-class activities and assessment tasks. Research activities are integrated in many of the seminars. As directed in the Learning Guide, students complete research exercises before coming to class. Some class activities require students to demonstrate their skills in clas Subject Delivery Seminar groups/activity 01, 05, 08 and 09 will be delivered entirely online for all of Autumn session. Seminar groups/activity 02, 03, 04, 06, 07, 10, 11, 12, 13, 14, 15 and 16 will be delivered in a blend of online and on campus as follows: the first class each week will be a face-to-face class on campus and the second class of the week will be conducted online. It is important to note that the content covered in the online only classes, and those with a mix of online and face-to-face delivery, is the same.

Content (topics) Legal skills (legal research; critical thinking and self-management) Development of Anglo-Australian law Impact of Anglo-Australian laws on Indigenous peoples, including colonization and its ongoing impacts Constitutional framework Legal institutions and processes Judicial decision-making Legal reading and writing (statutory interpretation and case law) Critical legal theories

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Program Week/Session

Dates

Description

1

2 August

Module 1: Introduction to Foundations of Law Module 2: Introduction to legal research skills (conducted by librarian); key skills in studying law (done at home)

2

9 August

Module 3: Overview of Australian legal system and key concepts Module 4: Development of Anglo-Australian Law I: Colonisation to federation

3

16 August

Module 5: Development of Anglo-Australian Law II: Sovereignty to Native Title Module 6: The Consitutional framework I: Federation and the framework of the Constitution Notes: Interim feedback for class participation given this week.

4

23 August

Module 7: The Constitutional framework II: Changing the Constitution and recognition of Aboriginal and Torres Strait Islander people Module 8: Legal institutions and processes I: Courts and tribunals Notes: Try testing yourself on what you've learned so far with the online quiz.

5

30 August

Module 9: Legal research I: Case law and secondary sources Module 10: Judicial decision-making I: Introduction to reading cases: Precedent, ratio and obiter

6

6 September

Module 11: Judicial decision-making II: Reading and analysing cases continued Module 12: Judicial decision-making III: Case analysis and critical legal reasoning (and revision of equity)

7

13 September

Module 13: Putting it into Practice: Revision for case note Module 14: Critical Legal Theory 1: Critical Race Theory

8

20 September

STUVAC WEEK - Case note assignment due Friday 24 September by 5.00pm. Online submission

9

27 September

Module 15: Critical Legal Theory II: Feminist jurisprudence Module 16: Legal Research II (conducted by librarian)

10

4 October

NOTE: Public holiday on October 4. No classes on Monday or Tuesday Module 17: Legal Institutions and Processes II: Parliament and the making of legislation

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11

11 October

Module 18: Critical Legal Theories III:Law and the environment Module 19: Statutory interpretation I: Reading and navigating legislation

12

18 October

Module 20: Statutory interpretation II: Statutory interpretation skills Module 21: Statutory interpretation III: Putting it into practice

13

25 October

Module 22: No classes. Work on your statutory interpretation assignment at home. Notes: Statutory interpretation and research assessment task due FRIDAY 29 OCTOBER by 5.00pm am ONLINE submission

-

1 November

Final StuVac

-

6 November

Final assessment period

Additional information Seminar Recording Information Audio or visual recording of classes for this subject is strictly prohibited unless written approval is sought and given in advance by the Subject Coordinator. Approval for audio or visual recording will usually be limited to medical or hardship reasons, and if approved, must be arranged by the student. Students may only use the audio or visual recording for private study purposes and (to avoid any legal action) permission must be obtained from the Subject Coordinator for any other usage. Given the interactive nature of classes, any student who does not wish to be audio-taped must advise the Subject Coordinator in advance otherwise permission from students is assumed. Canvas The subject is supported by Canvas. It is essential that you are able to access the site regularly. All notices and relevant information regarding assessments, any cancellation or changes to classes and other general information will be posted from time to time through the session. It is your responsibility to ensure you that are fully informed about this subject by regularly accessing the site.

Assessment Assessment task 1: Class Participation Intent:

The objective of this task is to enable students to test their understanding and receive feedback on the topics introduced and discussed in the seminars conducted to date.

Objective(s): This task addresses the following subject learning objectives: 1, 2, 4, 5 and 6 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1 and LAW.5.1 Weight:

20%

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Task:

Students are expected to read and prepare for each seminar and come to class ready to participate in informed discussion about the issues raised in the readings and discussion questions/exercises. The learning guide for this subject lists what you are to read before each class. This usually includes a section from the prescribed text book, and some required readings from other sources as specified in the learning guide. Class attendance is a requirement of this subject. You may miss up to two seminars without it impacting on your seminar participation mark. However, if you miss more than two classes you must provide a reason to your seminar leader about why you have missed that class (with supporting documentation such as a medical certificate). Please note that work and family commitments are not sufficient reasons to miss more than two of the assessable classes. It is important to note that seminar participation is not a mark for attendance – whilst you must attend class in order to participate, mere attendance does not score you marks – ‘participation’ means participation. You are expected to participate in class by answering questions, asking questions, participating in discussions, participating in group work, and participating in large group activities. Higher marks are scored by those students who demonstrate their understanding of what they have read before class, and extend their contributions beyond merely describing what they have read to providing their own critical analysis of that material and the issues raised. It is about quality not quantity. Please refer to the marking criteria for more information about seminar participation. It is clearly imperative that you attend your allocated seminar class for the assessment of class participation. If you are unable to attend your allocated seminar class but do not want to miss the content and would like to attend another class time for that week, you must seek permission from the seminar leader of that other class before attending. You need to seek permission as some classes are very full and there may not be sufficient room to accommodate you. Note that if you do attend another seminar class, that seminar leader will be unable to assess any contributions you may make to that class (ie it will not count towards you class participation mark). For the online classes please contact Rachel Coventry to organise a new zoom link. Class Participation online: There are many ways to participate in an online context. In the very least, please turn on your camera so that your lecturer can see you. You can also a) participate in plenary discussions in a meaningful manner reflecting the materials that you have read b) participate in small group discussion in zoom break-out r...