LAW1111 Semester 1(S1-01) 2020 PDF

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Unit Guide 

LAW1111 Foundations of law Semester 1, 2020  

We acknowledge and pay respects to the Traditional Owners and Elders - past, presentand emerging - of the lands and waters on whichMonash Universityoperates. Handbook link: http://monash.edu.au/pubs/2020handbooks/units/LAW1111.html

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Table of contents Unit handbook information

4

Synopsis

4

Mode of delivery

4

Class Timetable

4

Workload requirements

4

Unit relationships

4

Prerequisites

4

Prohibitions

4

Co-requisites

4

Enrolment rules

5

Chief Examiner(s)

5

Lecturer(s)

5

Academic overview

6

Learning outcomes Unit schedule Teaching approach Lecture recording (learning capture) Assessment summary Assessment requirements

6 6 7 7 7 10

Assessment tasks

10

Extensions and special consideration

11

Returning assignments

13

Resubmission of assignments

13

Referencing requirements

13

Assignment submission

13

Academic Integrity

14

Warning about consequences of disciplinary actionfor Law students

14

Feedback to you

15

Your feedback to us

15

Learning resources

16

Required resources

16

Recommended resources

16

Technological requirements

17

Examination material or equipment

17

Other information

17

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Policies

17

Student Academic Integrity Policy

18

Special Consideration

18

Graduate Attributes Policy

18

Student Charter

18

Student Services

18

Monash University Library

18

Disability Support Services

18

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Unit handbook information Synopsis The unit examines the foundation and structure of the institutions and processes of the Australian legal system, including legal practice as a distinctive element within the Australian legal process. It introduces the sources of authoritative law - statutes, delegated legislation and judicial precedents. A case series is used to demonstrate the evolution of the common law within the constraints of the doctrine and practice of precedent. The unit provides foundational knowledge and skills in the interpretation of judicial precedents and legislation and their application in legal problem-solving. Students develop fundamental skills in legal research and legal writing.

Mode of delivery Clayton (On-campus)

Class Timetable Follow thislinkto view the scheduled times for your unit's learning activities for this teaching period.

Workload requirements Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

This unit consists of four hours of workshop-style classes each week, for nine weeks. In addition to attending classes it is expected that students will complete an average of three hours of personal study for each one hour of contact time. The personal study time includes reading and preparing for class, watching pre class videos or Powerpoint presentations and making notes, completing assignments, revising and making summaries.

Unit relationships Prerequisites None

Prohibitions None

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Co-requisites None

Enrolment rules None

Chief Examiner(s) Name: Name:Assoc ProfessorRossHyams Phone: +61 3 990 53352 Email:[email protected]

Lecturer(s) Name: Name:MsOyielaLitaba Campus: Clayton Phone: Email:[email protected] Name: Name:ProfessorMoiraPaterson Campus: Clayton Phone: +61 3 990 53343 Email:[email protected] Name: Name:DrGinaBekker Campus: Clayton Phone: Email:[email protected] Name: Name:MrsSallyAndersen Campus: Clayton Phone: +61 3 990 51240 Email:[email protected] Name: Name:Assoc ProfessorGerryNagtzaam Campus: Clayton Phone: +61 3 990 53330 Email:[email protected] Name: Name:DrNadirsyahHosen Campus: Clayton Phone: 9905 3331 Email:[email protected]

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Academic overview Learning outcomes The learning outcomes associated with this unit are to: 1. Explain how the institutions of the Australian legal system shape the content and administration of the law

2. Reflect on the role and responsibilities of lawyers in the administration of justice

3. Demonstrate a developing awareness of the role of law in facilitating the formation, operation and regulation of private legal entities, and the commercial significance of law's role in this respect 4. Locate efficiently the current law on a legal issue using library resources critically evaluate the relevance, quality, authority and currency of the materials that they find

5. Find the statutes and related extrinsic materials relevant to answering a legal question 6. Extract and formulate legal propositions from judicial decisions, and assess their scope, legal validity and weight

7. Interpret, analyse, synthesise and apply the law when located, to solve a legal problem

8. Make a legal argument, or provide an opinion, and to do so clearly, accurately and concisely 9. Design and implement an efficient research strategy to answer a legal research question, using the most appropriate online and paper-based research tools

10. Identify the hallmarks of good legal writing, and use them to edit and improve their own writing.

Unit schedule For units with on-campus classes, teaching activities are normally scheduled to start on the hour (teaching will commence on the hour and conclude 10 minutes prior to the scheduled end time).

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Teaching approach Classes are divided into groups (a ‘stream’) and most of the work you do will be in these groups, with one main lecturer. Class time will be divided between lecture format, seminar-type discussion on issues, and working through exercises and quizzes in class. You will not always be writing notes in class. For some tasks you may work in groups, and you may sometimes have to meet outside of class to prepare for activities in class. You will be expected to do the essential reading for each class or watch the pre-class videos or Powerpoint presentations and take notes and to come to class ready to take part in discussion and to complete exercises.  Library workshops will also be heldin small groups allocated separately to your stream. You can also find information on inclusive teaching practices for students with learning disabilities or mental health conditions at:www.monash.edu.au/lls/inclusivity/

Lecture recording (learning capture) This will be available to students.

Assessment summary This unit may employ invigilated electronic assessment. Assessment: (1) Multiple Choice Questionnaire - 1hr on introductory material and legal reasoning (weeks 1 to 4) (equivalent to 1000 words) - 20% (2) Written assignment on the legal profession and institutions, including a reflective component (1500 words) - 30% (3) Take home examination - 45% (4) Library research online quiz - 5% Assessment task

Value

Due date

Test : Multiple Choice Questionnaire (This test is 60 questions in 45 minutes, worth 20% of the unit mark and will be completed electronically on Moodle at home during class time)

20%

Week beginning 20 April 2020

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Assessment task

Value

Due date

Library research online quiz (This is a multiple choice quiz completed on Moodle. The quiz will be released through Moodle)

5%

Thursday 9 April 2020 by 11.55pm

Written assignment

30%

Friday 1 May 2020 by 11.55pm

Take Home exam

45%

Monday 8 June 2020 at 11.55pm .

Please note that numeric marks are indicative only and represent criterion-referenced marking for that assessment task. Final unit marks may differ, and no mark is final until it is issued by the Board of Examiners.

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Suggested grading descriptors for undergraduate assignments Marking criteria

Outstanding (HD)

Very Good (D)

Good (Credit)

Satisfactory (Pass)

Unsatisfactory (Fail)

1. Knowledge & Understanding of the Topic

Very thoroughly researched, effective use of materials; comprehensive identification and discussion of issues

Well researched, appropriate use of materials; good identification and discussion of issues

Competently researched, good use of materials; majority of relevant issues identified and discussed.

Some relevant materials overlooked; some use of research materials; possibly some misunderstanding of issues or materials

Limited research, relevant materials overlooked or misunderstood; failure to identify and discuss relevant issues

2. Analysis & Argument

Thorough analysis, deals effectively with complexity of issues; persuasively argued throughout, contrary arguments anticipated, good critical evaluation of materials

Good analysis, argument welldeveloped and supported, some critical evaluation of materials

Some analysis of issues; argument may be underdeveloped or unpersuasive, synthesis of materials with limited critical evaluation

Mainly discursive with little analysis of issues; basic argument is unclear or undeveloped or not well supported, some reference to relevant material

Insufficient analysis, argument is lacking or unsound, failure to use relevant materials, may indicate confusion or misunderstanding

3. Structure & Writing

Clear and logical structure & organisation; precise and concise writing

Suitable and coherent structure & organisation; generally well written

Generally coherent structure & organisation but with occasional deficiencies; reasonably well written

Some defects in structure and organisation; writing may be difficult to follow in parts

Structure and organisation incoherent or lacking; poorly written, difficult to follow

4. Presentation & Referencing

Minimal errors in expression, grammar, spelling or punctuation; full and accurate citation of authorities and sources; thoroughly edited.

Occasional minor flaws in expression, grammar, spelling or punctuation; authorities and sources are generally cited correctly; well edited

Some flaws in expression, grammar, spelling or punctuation; may have some missing, incomplete or incorrect footnote citations; some oversights in editing

Flaws in expression, grammar, spelling or punctuation; a number of missing, incomplete or incorrect footnote citations; editing with little care

Frequent or repeated flaws in expression, grammar, spelling or punctuation; inadequate citation of sources; poor editing

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Assessment requirements Assessment tasks Assessment task title:Test : Multiple Choice Questionnaire (This test is 60 quest questions ions in 45 minutes, worth 20% of the unit mark and will be completed electronically on Moodle at home during class time) Mode of delivery: Moodle Details of task: task:The test will be done in class time and will take 45minutes. It will be taken electronically via Moodle and will consist of 60 multiple choice . Each student will be randomly allocated questions from a bank of questions held on Moodle. The test will cover introductory material and legal reasoning (weeks 1 to 4). To complete the test, students will do it at home on their own laptops.

Release date: Week beginning 20 April 2020 Due date: Week beginning 20 April 2020 Word limit:N/A Value: 20% Estimated return date: Immediately Criteria for marking: Please refer to undergraduate grading descriptors table. Additional information: information:NA Assessment task title:Library research online quiz (This is a multiple choice quiz completed on Moodle. The quiz will be released through Moodle) Mode of delivery: Moodle Details of task: task:The quiz will consist of multiple choice questions, and will include content covered in the Research Skills for Law Online tutorial and the Library workshops. It will be done out of class time.

Release date: Monday 6 April 2020 at 9am Due date: Thursday 9 April 2020 by 11.55pm Word limit:N/A Value: 5% Estimated return date: The mark will be available immediately upon completion. Criteria for marking: Please refer to undergraduate grading descriptors table. Additional information: information:NA

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Assessment task title: Written assignment Mode of delivery: Moodle Details of task: task:Instructions for this assessment task are postedon Moodle. Assessment criteria will be provided in the assessment instructions. You will receive written feedback indicating how your work was evaluated against those criteria, plus general comments. You should be aware that in law units, honour grades are awarded by reference to the predetermined assessment criteria, and also by how well you performed in comparison with other students in the class. This means that your work is graded relative tothe performance of your peers. You can expect to receive feedback on all your work before the end of semester. Lecturerswill do theirbest to mark and return your assignments as soon as possible.

Release date: Monday 9 March 2020 at 9.00am Due date: Friday 1 May 2020 by 11.55pm Word limit: 1500, excluding footnotes and bibliography. Value: 30% Estimated return date: Week 12 Criteria for marking: Please refer to undergraduate grading descriptors table. Additional information: information:NA

Assessment task title:Take Home exam Mode of delivery: Moodle Details of task:Open book (4 days duration) Release date: Friday 5 June 2020 at 9am Due date: Monday 8 June 2020 at 11.55pm . Word limit:TBA Value: 45% Estimated return date: NA Criteria for marking:TBA Additional information: information:NA

Extensions and special consideration Short extension You may apply for an extension in a law unit, not exceeding twodays of the due date, by submitting a Short Extension form to the Chief Examiner of the unit. NB This does not apply to class tests. Speak to your lecturer before doing this. Longer extension If you seek an extension of the due date for an assignment or deferment of a class test, you will need to submit an “in-semester special consideration application form” to Student Services no later than two University working days after the due date or date of the class test. For further details on the procedures, you must seehttp://monash.edu/exams/special-

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consideration.html . If you are assessed by Student Services as eligible for special consideration, the Chief Examiner will determine length of extension and will advise you via your student email. If you are assessed as ineligible, you will be advised by Student Services via email. Extensions will not be granted beyond the date on which marked assignments are due to be returned to students. Special consideration and Deferred Exams A student whose work during a teaching period or whose performance in an examination or other assessment has been affected by acute illness or other exceptional cause beyond their control may apply in writing to the relevant Faculty for special consideration. Separate forms are used for in-semester assessment (such as to obtain extensions of due dates for assignments or deferment of class tests) and end-of-semester assessment (deferment of a final exam). Both types of application must be supported by documentary evidence and are subject to time limits. An adjustment of marks is not an available outcome of special consideration. For further details and forms, refer to the faculty’s special consideration websitehttp://monash.edu /exams/special-consideration.html . Penalties for Late submission All items of assessment submitted after the due date and time are subject to alate penalty as follows: ●

For items of assessment with a standard due date of 10 calendar days or more from the release of the item of assessment: apenalty of 10% of the marks available for the item of assessment for every calendar day (or part of a calendar day) that the item of assessment is late . For example, an item of assessment that is submitted two hourslate will receive a penalty of 10% of the marks available for the item of assessment. In this example, an assignment worth 30 marks will incur a penalty of 3 marks.

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For items of assessment with a standard due date that is less than 10 days from the release of the item of assessment, alate penalty will be imposed as follows: apenalty of 5% of the marks available for the item of assessment for every hour (or part of an hour) that the item of assessment islate . For example, an item of assessment that is submitted one and a half hourslate will receive apenalty of 10% of the marks available for the item of assessment. In this example, an assignment worth 30 marks will incur a penalty of 3 marks.

In all cases, weekends and public holidays are included in the count of calendar days. Where an extension has been granted, the count of calendar days/hours by which an item of assessment is late begins at the expiry of the extension. Submission of Late Assessments The application of late penalties means that after a certain period of time following the due date, the marks available to assessment pieces would reduce to zero. To allow for this, late assessments will only be accepted up to the end of that period as below:

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For assignments and take home examinations of ten days or more in duration, submission will remain open for 9 days following the due date and time For assignments and take home examinations of less than ten days in duration, submission will remain open for 10 hours following the due date and time

Where a short extension has been granted, submission will remain open to accommodate the additional days. Penalties for exceeding word limit The standard penalty for exceeding the word limit in an assignment or take-home examination should be 1 mark per 100 words (or part thereof) in excess of the word limit. Bibliography and footnotes should not be included in the word count. However, substantial comment in footnotes will be included.

Returning assignments Assignments will be returned to students viaMoodle.

Resubmission of assignments Resubmission of assignments is not permitted. 

Referencing requirements You are required to reference consistently with the regime outlined in the library guide to citing legal references at http://guides.lib.monash.edu/law/citingandreferencing This provides a link to the Australian Guide to Legal Citation, available onl...