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LLB101 Introduction to Law

LLB101 INTRODUCTION TO LAW UNIT GUIDE SEMESTER 1, 2020

Unit Guide, Semester 1, 2020

ACADEMIC CALENDAR The QUT academic calendar includes the starting and finishing dates for the University's first and second semesters, and the summer program.

©QUT Faculty of Law 2020

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Table of Contents 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.

Unit Overview ....................................................................................... 3 Unit Learning Outcomes (ULO) ............................................................ 3 Content ................................................................................................. 4 Teaching and Learning Approaches .....................................................4 Texts and References........................................................................... 5 Assessment .......................................................................................... 6 Weekly Timetable .................................................................................9 Teaching Staff.....................................................................................10 Online Delivery and Tools ................................................................... 11 Study Hints & Tips .............................................................................. 12 Faculty and QUT Policies ................................................................... 13

©QUT Faculty of Law 2020

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Introductory Guide Credit points:

12

Prerequisite:

Nil

Antirequisite:

LWB145 Legal Foundations A

Corequisite(s):

Nil

The Unit Guide is produced as a source to answer many of the common administrative queries in this unit. Students should read this early in the semester. There is no ‘Study Guide’ produced – each week’s work will be on Blackboard, and will clearly set out what you need to do before, during and after each class.

1.

Unit Overview

Introduction to Law introduces students to the development of the Australian legal system. This includes a focus on the major sources of law in Australia and the institutions that create, interpret and administer the law. In particular, this unit will focus on the role of the courts, which is intended to complement the second semester unit, LLB107 Statutory Interpretation. Students are also introduced to core skills necessary for future study and practice, such as legal research and succinct written expression.

2.

Unit Learning Outcomes (ULO)

At the completion of this unit you should be able to: ULO 1

2

3 4 5

Describe the foundations of the Australian legal system to contextualise the core knowledge, skills and relevant professional development required for legal practice. Define and discuss the role of law and legal practitioners in the broader community, and the importance of socially responsible and ethical behaviour in the legal profession. Locate, read and analyse case law, legislation and secondary sources to apply the law and to solve defined legal problems Effectively communicate in appropriate legal terminology, using legal citation where necessary (academic integrity). Reflect upon performance and feedback to develop as an independent learner.

Relates to Course Learning Outcomes CLO 1.1, 1.2, 1.3

CLO 1.2

CLO 2.1, 2.2, 2.3, 3.1 CLO 1.2, 4.1 CLO 3.4, 5.4

Information on CLOs can be found on the QUT Real Law Blackboard Site.

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3.

Content

The content of this unit includes:  introduction to the Australian legal system, including legal history and its impact on Aboriginal and Torres Strait Islander peoples;  the context of the Australian legal system in relation to other legal systems (including global and Indigenous systems);  legal terminology and concepts;  sources of law (cases and statutes);  the role of law and the legal practitioner;

4.

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   

an introduction to ethics as a student of law and the ramifications for legal practice; effective research and communication skills for success at Law School; Queensland and Commonwealth court hierarchies; the Doctrine of Precedent; case analysis; judicial reasoning processes.

Teaching and Learning Approaches

This unit is a combination of content and skills that will develop the course learning outcomes. Therefore, the unit is taught through a combination of: 



 

Lectures to assist with your transition into tertiary studies and understanding of the Australian legal system and key concepts. Lectures are 1½ hours in duration, and held most weeks of the semester. The lectures in this unit are offered both as face-to-face classes and as a recording after the class. Tutorials to allow you to practise and develop your understanding of the topics and your communication and legal problem-solving skills. One tutorial also covers introductory legal research skills. Tutorials are 2 hours in duration and occur most weeks of the semester. You must prepare in advance where the tutorial requires it. Staff consultation for you to ask questions. External students are further supported with a compulsory attendance school at Orientation, and an optional attendance school in the middle of semester. At the attendance schools, students will complete a mix of face-to-face lectures and tutorials to complement the online delivery of remaining classes. Should you be unable to attend the compulsory External Orientation School, you must apply for an ‘Exemption from Attendance’ using the form on the Law section of the HiQ website.

Introductory reflective processes will be modelled where students will be encouraged to look ahead in the course to obtain a sense of where they are headed, what to expect from the whole learning experience, and what skills and knowledge they need to develop. This will be viewed within the framework of the ethical dimensions of a lawyer's role in contemporary society. Students are thus introduced to the principles of self-assessment of their own development and selfmanagement of their learning. ©QUT Faculty of Law 2020

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Simultaneously student learning is supported with online materials to provide feedback on the understanding of the legal principles and skills of the unit. Students are also introduced to the principles of case analysis and legal and logical reasoning through modelling of these in tutorials and through reinforcing online and other exercises. Learning is reinforced and scaffolded in multiple ways such that learners develop the necessary reading and communication protocols for studying and working in the law. An initial low-stakes writing task ensures that students receive vital early feedback on their work that is critical for a positive first year/first semester experience. Academic and technological literacies comprising the skills and knowledge needed to competently manipulate databases and electronic resources in order to source relevant material for resolving legal problems will be taught and practised in tutorials.

5.

Texts and References

Prescribed Materials 

Robin Creyke et al, Laying Down the Law (LexisNexis Butterworths, 10th ed, 2018)

Other recommended materials for further help (these are not mandatory purchases – they can often be borrowed from the Law Library Reserve section) 

Nichola Corbett-Jarvis and Brendan Grigg, Effective Legal Writing - A Practical Guide (LexisNexis Butterworths, 2nd ed, 2017).

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A legal dictionary will be useful throughout your law course and in careers related to law. Alternatively, there is an online legal dictionary available through QUT Library Databases.

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The Macquarie Dictionary (i.e. Australian English) is also recommended and can be accessed online through the QUT Library Databases.

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6.

Assessment

General Assessment Information In this unit, you will be graded using the standard QUT scale of 1 to 7. Feedback Students are provided with feedback to assist their learning throughout the semester. The feedback is provided through:       

the discussions in the weekly tutorials (internal students); the online guides of the weekly tutorials and the External Attendance Schools (external students); online materials; the individual feedback provided on assessment, read in conjunction with the Criteria Referenced Assessment matrix; generic feedback posted on the unit's Blackboard for each item of assessment; examples of past student assessment or feedback; and the option of consultation with a member of the teaching team.

Self-Reflection You should reflect upon the feedback (both your individual and generic feedback as provided on Blackboard) for the purpose of identifying:    

gaps in your knowledge and understanding of the legal content and principles; the need for improvement in your research skills; strategies to improve your problem-solving and written communication skills in further assessment; and other areas needing improvement for the purposes of your future studies within the LLB.

You should record your work, the feedback provided, your reflections and note any strategies for improvement in a file for future reference.

Assessment Submission and Extensions Assessment items submitted after the due date without an approved extension will not be marked and will receive a grade of 1 or 0%. If special circumstances prevent you from meeting the assessment due date, you can apply for an extension through the link on Blackboard under ‘Assessment’. Academic Staff cannot grant extensions. If you don't have an approved extension you should submit the work you have done by the due date and it will be marked against the assessment criteria (or should you later be told of an approved extension, you can re-submit). QUT's assessment submission requirements reflect the expectations of professional practice and the importance of meeting deadlines.

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Summative Assessment Items ASSESSMENT

DUE DATE

WEIGHTING

Writing and Research Skills Task

Thursday 12 March (Week 3)

10%

Take-home Exam

Thursday 23 April (Week 8)

50%

Case Analysis Assignment

Thursday 28 May (Week 13)

40%

Assessment Item No. 1: Writing and Research Skills Task Description: You will complete the following: (a) a short writing task, which focuses upon your ability to write correctly, clearly and succinctly, on a topic related to your study of law. Its purpose is to diagnose generic writing errors, to allow you to improve before embarking on more formal legal writing tasks. This aspect will be graded on a 'Satisfactory/Unsatisfactory' basis, meaning that either 5 marks or 0 marks will be awarded. If unsatisfactory on the first attempt, a process will be available for students to learn about their errors, and resubmit a second attempt; and (b) five short-answer questions which require you to use the introductory legal research skills taught in the unit. Each question will be worth 1 mark. Relates to learning outcomes: 4, 5 Weight: 10% Internal or external: Both  Group or individual: Individual Due date: Thursday 12 March (Week 3)

Assessment Item No. 2: Take-home Exam Description: This assessment item will assess your knowledge of materials covered in weeks 1 to 7. The exam will comprise a multiple-choice quiz component, and problem-solving questions. In regard to the quiz component, you may only attempt it once, and there will be a time limit of 40 minutes. Your answers to the problem-solving component will be submitted through Turnitin, and you may continue to make submissions until the end of the due date. Relates to learning outcomes: 1, 2, 3, and 4  Weight: 50%  Internal or external: Both  Group or individual: Individual  Due date: Submit between Monday 20 April and Thursday 23 April (Week 8)

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Assessment Item No. 3: Case Analysis Assignment Description: Acting in the role of a paralegal, you will analyse a piece of case law and may be required to explain to a partner in your firm what the material facts of the case were, the issues invovled, the judicial reasoning used by court to reach its ultimate decision and the implications of the case for your firm’s practice. You may also be asked to reflect on feedback you have received on prior tasks (e.g. formative and summative assessment items you have completed in the unit). Word Limit: 2000 words Relates to learning outcomes: 2, 3, 4 and 5 Weight: 40%  Internal or external: Both  Group or individual: Individual Due date: Thursday 29 May (Week 13)

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7. Week 1 2 3 4 5 6 7

8 9 10 11 12 13

Weekly Timetable Lectures (1.5 hours)

Lecturer

Tutorials (2 hours)

Introduction to the Australian Legal System I Introduction to the Australian Legal System II Introduction to the Australian Legal System III Ethics and the law student

Elizabeth Dickson

Court Hierarchies I & II (podcasts x 2) The Doctrine of Precedent I & II (lecture x 1 + podcast x 1) Preparing for the Exam

Elizabeth Dickson

Legal terminology; Australian legal history Parliament and the Executive

John O’Brien

Court hierarchies

John O’Brien

The Doctrine of Precedent

No lectures – work on assessment

Elizabeth Dickson Elizabeth Dickson Mark Thomas

Introduction to the unit; Succeeding at Law School; What is Law? Legal Research: finding cases & legislation How to cite sources Reading a case and identifying its parts

MID-SEMESTER BREAK No tutorials – work on assessment

Case law as a source of law

Elizabeth Dickson

Analysing a case I

Judicial reasoning techniques

John O’Brien

Analysing a case II

Making the most of examples (podcast)

Elizabeth Dickson

Analysing a case III

Legal writing

John O’Brien

Analysing a case IV - Judicial Reasoning techniques

No lectures – work on assessment

No tutorials – work on assessment

©QUT Faculty of Law 2020

Assessment

Writing & Research Skills Task due (10%)

Take home exam due (50%)

Case analysis assignment due (40%)

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8.

Teaching Staff

For any email query (unless you need to contact a specific member of staff) please use: [email protected] Unit Coordinators and full-time staff: Dr Elizabeth Dickson  C736  (07) 3138 4413  [email protected]

John O’Brien  C732  (07) 3138 7093  [email protected]

Sessional staff: Bruce Godfrey  [email protected]

Dr Mandy Brown  [email protected]

Chris Raleigh  [email protected]

Steven Fields  [email protected]

Dr Clare Cappa  [email protected]

Tom Kennedy  [email protected]

Lauren Smith  [email protected]

Trent Jones  [email protected]

Lisa Davis  [email protected] If you are unsure of your tutor’s name, go to the HiQ website, click the ‘Study’ tab, which should show all your enrolled units. Then click the drop-down menu icon next to LLB101, and select ‘Class Timetable’ – this will show all the tutorials and the tutor for each class.

Student Consultation and Questions Consultation times: All students are welcome to drop by the offices of the full-time staff, or phone them, during consultation times (to be advised on Blackboard, in ‘Contact Us’). If you come in these times, there is no need to make an appointment. Other staff members can be contacted via email. We ask you to adhere to the following guidelines when contacting staff: 

Your questions are welcome, but please first check the Unit Guide, Blackboard, lecture notes/tutorials, and textbook/readings as the answer may be there.

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

Emails should be brief and to the point. If emailing an individual staff member, please clearly indicate the unit name or code in the subject line of your message. We are not able to give lengthy written replies to your emails – if such a response is required, please use consultation times.

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Phone calls and enquiries should be kept to student consultation hours wherever possible. Appointments can be made to see a lecturer outside these hours if necessary, at a mutually-convenient time.

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Administrative questions (eg help with extensions for assessment due dates, problems with uploading to Turnitin, exemption forms etc) should be addressed to HiQ, or Faculty of Law Enquiries via: the counter on Level 4 of C Block; (07) 3138 2707; or [email protected].

9. Online Delivery and Tools What will you find on the Blackboard site? When you log in, you will find a link in your list of units to LLB101 Introduction to Law. At this site you will find:  announcements where important notices are posted;  unit details, including a link to this Unit Guide;  staff contact details;  learning resources, including PowerPoint slides, and tutorial activities. External students will also find a link to their tutorial material at the top row of the Learning Resources schedule.  links to lecture recordings and the QUT Readings database; and  assessment information, submission links and results. In this unit, it is assumed that you have read all notices posted on the Blackboard site. You should check the Announcements on the LLB101 site regularly.

Blackboard Collaborate Throughout your degree, you may use Blackboard Collaborate. This is a live web conferencing tool within QUT Blackboard that allows staff and students to interact online in real time via a virtual classroom or office. You should log in to your first Blackboard Collaborate session at least 15 minutes prior to it commencing, as it will often require software (Java updates) to be downloaded and installed on your computer/device.

Student ePortfolio The ePortfolio is an online tool that you can use to document your real world learning at QUT and your professional and personal development. Your ePortfolio is a structured online space where you can record, reflect on,

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catalogue, retrieve and present your experiences, activities, and works produced both inside and outside university life. Collect evidence of the skills and abilities you develop at QUT and beyond. Building your ePortfolio helps you make connections between your learning and professional goals, and provides you with the information you need to apply for jobs and promotions. You can release your ePortfolio to prospective employers. You can access your Student ePortfolio at www.studenteportfolio.qut.edu.au

10.

Study Hints & Tips

How much study should I do? The generic study commitment of a full-time student is defined as approximately 48 hours per week. This includes time spent in formal classes and private study time. This would usually involve enrolment in 4 x 12 credit point uni...