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SUBJECT OUTLINE 70102 Foundations of Law Course area

UTS: Law

Delivery

Autumn 2018; City

Credit points 8cp Result type

Grade and marks

Subject coordinator Name: Vedna Jivan Position: Senior Lecturer Faculty: Law Phone: (02) 9514 3402 Fax: (02) 9514 3400 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 Jane Wangmann Position: Senior Lecturer Faculty: Law Phone: (02) 9514 3224 Email: [email protected] Name: Dr Judie Lancaster Position: Senior Lecturer Faculty: Law Phone: (02) 9514 5480 Email: [email protected] Name: Kim Gould Position: Senior Lecturer Faculty: Law Phone: (02) 9514 3162 Email: [email protected] Name: Ellen Rock Position: Lecturer Faculty: Law Phone: (02) 9514 3428 Email: [email protected] Name: Norman O'Dowd Position: Casual Academic Faculty: Law Phone: (02) 9514 3162 Email: [email protected] Name: Douglas McDonald-Norman Position: Casual Academic Faculty: Law Phone: Email: [email protected] Name: Megan Caristo Position: Casual Academic Faculty: Law Phone: Email: [email protected] 02/03/2018 (Autumn 2018)

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Name: Simon Levett Position: Casual Academic Faculty: Law Phone: 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: 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 the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0) Critical Analysis and Evaluation A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0) Research skills Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (4.0)

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 a Foundations of Law Learning Guide available from Subject Documents folder on the subject site on UTSOnline. Students must read the Learning Guide very carefully as it contains details of all readings, preparation activities, questions and learning activities set for each seminar. Preparatory 02/03/2018 (Autumn 2018)

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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 bring the Learning Guide to each seminar together with any accompanying materials and the set text book. Preparation activities set out in the Guide 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 UTSOnline 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 UTSOnline 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 completion of in-class assessment tasks that commence in Week 2 (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, a library class, 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 class. Subject Delivery This subject is structured around 2 x 2 hour small group seminars per week. Seminars are based on discussion and in-class activities; there are no lectures in this subject. The seminar topics are set out in the program below. The subject is taught and assessed using a combination of seminars and self-directed learning. Collaborative learning and critical reflection are central to this subject.

Content (topics) 1. 2. 3. 4. 5. 6. 7. 8.

Legal research Critical thinking Legal reading and writing (statutory interpretation and case law) Development of Anglo-Australian law Constitutional framework Legal institutions and processes Judicial decision-making Critical legal theories

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Program Week/Session

Dates

Description

1

12 March

Preparation Week An introductory lecture will be held this week on Tuesday 13 March (venue and time to be confirmed. This lecture will be divided into two parts: (1) Introduction to Foundations of Law. The coordinator of the subject will provide an overview of the content of this subject, the learning experience, and the assessment items. You will have ample opportunity to ask questions of the coordinator. (2) Academic integrity and legal referencing skills. This part of the lecture will discuss the important skills of ensuring that you do not plagiarise the work of others – for example how to footnote properly, how to quote properly, and how to paraphrase. You will also be introduced to the legal style of referencing (the Australian Guide to Legal Citation) that you will need to use throughout your studies at law school. Things you need to do this week: Purchase a copy of the prescribed textbook (see below) available from the UTS Co-Op Bookshop, Download a copy of the subject outline, read it, and bring any questions you have about the subject either to the Introduction to Foundations of Law lecture (mentioned above) or to seminar 1 when you can ask your seminar leader. Download a copy of the subject Learning Guide available under Subject Documents on UTSOnline. Complete the required reading for seminar 1 (this is set out in the Learning Guide you will have downloaded!) so that you are ready to participate in the discussion in that seminar. Visit the Library and participate in their very helpful Australian ''library orientation tours', 'Finding Australian cases/legislation' classes. For a list of upcoming events see http://www.lib.uts.edu.au/events Complete the Avoiding Plagiarism: Law Introductory Tutorial and Quiz’ available at https://avoidingplagiarism.uts.edu.au/?q=LAW1#quiz

2

19 March

Seminar 1: Introduction: Legal dispute analysis and introduction to research Seminar 2: Overview of Australian legal system: Legal classification and categories the important skill of critical thinking

3

26 March

Seminar 3: Development of Anglo-Australian law I: Colonisation to Federation Seminar 4: Development of Anglo-Australian law II: Sovereignty to native title Notes: In-class timed assessment (1) held in class time at the end of Seminar 3.

4

2 April

Notes: All first classes this week are cancelled due to the public holiday on Monday 2 April. Seminar 5: Critical Legal Theory I: Race, colonisation and law Notes: In-class timed assessment (2) held in class time at the end of seminar 5.

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5

9 April

Seminar 6: The Constitutional Framework I: Federalism Seminar 7: The Constitutional Framework II: Separation of powers and democratic theory Notes: In-class timed assessment (3) held in class time at the end of Seminar 7.

6

16 April

Seminar 8: Legal Institutions and Processes I: Courts and tribunals Seminar 9: Judicial Decision-Making I: Common law, equity and precedent Notes: In-class timed assessment (4) held in class time at the end of Seminar 9.

23 April

Mid-Session StuVac There are no classes this week.

7-

30 April

Seminar 10: Legal Research I: Finding a case, using case citators. This class will also cover finding secondary sources. (TO BE HELD IN THE LIBRARY). Seminar 11: Judicial Decision-Making II: Ratio and basic elements of reading cases Notes: Library sessions and seminars are no different in relation to attendance and are designed to provide students with the tools needed to successfully undertake the case note and statutory interpretation assessments. It is not acceptable to be absent from the library session and expect individual tuition from either the librarians or a seminar leader in relation to the demonstration of one's research skills through the assessments.

8

7 May

Seminar 12: Judicial Decision-Making III: Case analysis, critical legal reasoning and writing a case note Seminar 13: Critical Legal Theory II: Feminist legal theory

9

14 May

Seminar 14: Putting it into practice I: Revision class for writing your case note Seminar 15: Legal Institutions and Processes II: Parliament and the making of legislation Notes: Critical Case Note is due Monday 21 May by 9.00am ONLINE SUBMISSION though TURNITIN

10

21 May

Seminar 16: Legal research II: Finding legislation (TO BE HELD IN THE LIBRARY). Seminar 17: Statutory Interpretation I: Reading and navigating legislation and approaches to statutory interpretation Notes: Library sessions and seminars are no different in relation to attendance and are designed to provide students with the tools needed to successfully undertake the case note and statutory interpretation assessments. It is not acceptable to be absent from the library session and expect individual tuition from either the librarians or a seminar leader in relation to the demonstration of one's research skills through the assessments.

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11

28 May

Seminar 18: Statutory Interpretation II: Statutory interpretation skills Seminar 19: Law in Practice I: Regulation and enforcement and the rule of law revisited

12

4 June

Seminar 20: Law in Practice II: The impact of technology Seminar 21: Putting it into practice II: Revision for the statutory interpetation assessment task combining legal knowledge, legal skills and critical thinking/analysis

-

11 June

Final StuVac

-

16 June

Final Assessment Period Notes: Statutory interpretation exercise assessment task due Monday 18 June by 6.00pm ONLINE SUBMISSION though TURNITIN

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. UTSOnline The subject is supported by UTSOnline. 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: In-class timed assessment Intent:

The objective of these tasks is to enable students to test their understanding and receive feedback on the topics introduced and discussed in the respective classes.

Objective(s): This task addresses the following subject learning objectives: 1 and 2 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 Weight:

30%

Task:

Students complete four timed in-class assessment tasks in Weeks 3, 4, 5 and 6. These tasks are closed-book and closed-devices. These assessment tasks will include short answer and/or multiple choice questions. The task will be completed in 20 minutes. All questions are drawn from the reading material for class. Students are given a single sheet of paper on which questions are printed to which they write their answers in the lines provided, using a pen. The papers are handed up to the seminar leader at the end of the assessment.

Length:

1200 words equivalent.

Due:

Weeks 3, 4, 5 and 6

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Criteria:

Knowledge and understanding of concepts, events and terminology covered in the relevant classes; Discuss concepts and events critically; Ability to write coherently using appropriate grammar, syntax and punctuation.

Further Each task is marked out of 10 and the best three results are added together for a mark out of 30. information: Assessment task 2: Critical Case Note Intent:

This task is intended to test students’ ability to read and critically analyse a case.

Objective(s): This task addresses the following subject learning objectives: 2, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 4.0 Weight:

30%

Task:

This task consists of two parts. Part A: Students find the most authoritative version of a...