LAW 1501 - Foundations of Law
North Terrace Campus - Semester 2 - 2018
General Course Information
Course Code LAW 1501 Course Foundations of Law Coordinating Unit Adelaide Law School Term Semester 2 Level Undergraduate Law (LLB) Location/s North Terrace Campus Units 3 Contact Up to 3 hours per week Available for Study Abroad and Exchange Y Incompatible LAW 1001 Restrictions Available to LLB students only Course Description This course provides a foundation in the core legal skills of case reading and analysis, legal research, statutory interpretation and problem solving. It also introduces students to basic legal philosophy, and to some of the main critical theories of law.
Course Coordinator: Dr Francesco de Zwart
Course Coordinators:Associate Professor Matthew Stubbs
Dr Francesco de Zwart
Associate Professor Matthew Stubbs
Dr Francesco de Zwart
Associate Professor Joanna Howe
Seminar Leaders: Details will be advised on MyUni.
Contact details for consultation will be advised on MyUni.
Course Coordinator: Dr Francesco de Zwart
Dr Francesco de Zwart
Other lecturers will be advised on MyUni
Seminar Leaders: Details will be advised on MyUni.
Contact details for consultation will be advised on MyUni.
The full timetable of all activities for this course can be accessed from Course Planner.A full timetable for the course is available on the MyUni course website.
Course Learning Outcomes
On successful completion of this course, students will be able to:
1 Identify sources of law in Australia, analyse cases, apply principles of statutory interpretation, and undertake legal research at a foundational level using legal databases. 2 Apply basic strategies to solve legal problems, and engage with legal theories to critique the operation of the law. 3 Communicate effectively individually and as part of a team. Work in collaboration with others to solve problems, prepare written
documents, and deliver a presentation. Engage with team members in an ethical and professional manner.
4 Exercise professional judgement in the application of case law and statute to solve legal problems. 5 Analyse the impact of case law and statute from a policy perspective. Appreciate the ethical dimension of the role of lawyers, and the functioning of law and legal systems. Critically reflect on the operation of the law as a social institution in the context of Indigenous and theoretical perspectives. 6 Reflect on their ability to effectively undertake work as a member of a team.
The Legal Practitioners' Education and Admissions Council (LPEAC) sets rules for the
academic requirements for admission to legal practice in South Australia.
Students must demonstrate a satisfactory level of understanding and application
of 11 core areas of legal knowledge. This course teaches the following topics
within these core areas:
ETHICS AND PROFESSIONAL RESPONSIBILITY:
Professional and personal conduct in respect of a
(a) to the law;
(b) to the Courts.
University Graduate Attributes
This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:
University Graduate Attribute Course Learning Outcome(s) Deep discipline knowledge
- informed and infused by cutting edge research, scaffolded throughout their program of studies
- acquired from personal interaction with research active educators, from year 1
- accredited or validated against national or international standards (for relevant programs)
1 Critical thinking and problem solving
- steeped in research methods and rigor
- based on empirical evidence and the scientific approach to knowledge development
- demonstrated through appropriate and relevant assessment
2 Teamwork and communication skills
- developed from, with, and via the SGDE
- honed through assessment and practice throughout the program of studies
- encouraged and valued in all aspects of learning
3, 6 Career and leadership readiness
- technology savvy
- professional and, where relevant, fully accredited
- forward thinking and well informed
- tested and validated by work based experiences
4 Intercultural and ethical competency
- adept at operating in other cultures
- comfortable with different nationalities and social contexts
- Able to determine and contribute to desirable social outcomes
- demonstrated by study abroad or with an understanding of indigenous knowledges
5 Self-awareness and emotional intelligence
- a capacity for self-reflection and a willingness to engage in self-appraisal
- open to objective and constructive feedback from supervisors and peers
- able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
- Foundations of Law, Lecture and Seminar Guide
- Foundations of Law, Course Readings
- Acts Interpretation Act 1901 (Cth) and Acts Interpretation Act 1915 (SA)
- Robin Creyke et al, Laying Down the Law (LexisNexis, 10th ed, 2017) [the previous edition Catriona Cook et al, Laying Down the Law (LexisNexis, 9th ed, 2015 would also be acceptable].
- Australian Guide to Legal Citation (3rd ed, 2010) Melbourne University Law Review Association, Melbourne (available for viewing on the web at http://law.unimelb.edu.au/mulr/aglc/about and available for purchase). A link has also been placed in the ‘Additional Materials’ folder on the MyUni subject website).
- A dictionary of legal terms such as LexisNexis, Concise Australian Legal Dictionary (4th ed, 2011) or Oxford, Australian Law Dictionary (2010). Again this is a resource students will find useful throughout their degree.
Online LearningThe course is supported by the Foundations of Law MyUni website. The website contains links to the following resources:
- Course information, including the seminar and lecture guide.
- Course materials – such as items of assessment, lecture PowerPoint slides, and other course materials which will be posted from time to time.
- Lectures – audio streaming of lectures and video streaming of lecture slides will be posted (where available) on MyUni as soon as possible after each lecture. (Please note: it can take up to 72 hours for the lectures to be uploaded.)
- Discussion Forum – This is available for students to discuss the course among themselves and to communicate with academic staff in relation to administrative or substantive questions about the course.
- Grades – where students’ grades will be entered for each assignment.
MyUni will also be used to post announcements, and assignment tasks. Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.
Students should also regularly check their email.
Learning & Teaching Activities
Learning & Teaching ModesThis course will be taught in a 1 or 2 hour lecture and a two hour seminar weekly. A full timetable for the course is available on the MyUni course website.
Lectures and seminars commence in the first week of semester. To be eligible to sit the exam, students must attend 9 of the 12 seminars (see below).
Seminars examine and apply the material addressed in the lectures and in the readings, as well as covering new material that is better taught in a ‘hands-on’ way, such as legal research. It is essential to prepare for the seminars by undertaking the prescribed reading for the week and preparing the exercises.
Students must attend the seminar class for which they are enrolled.
The information below is provided as a guide to assist students in engaging appropriately with the course requirements.In addition to attending formal classes it is anticipated that students will do substantial independent work to prepare for classes and to complete the course assignments. Students should expect to spend about 4 – 6 hours a week reading and preparing materials for lectures and seminars. In addition, students will expect to spend between 4-6 hours attending Court and preparing a report, 3-5 hours preparing for and completing the quiz, 10-14 hours preparing the Analysis and Interpretation assignment, and 4 – 8 hours preparing the Group Presentation/Debate on Legal Theory and Indigenous Perspectives. Students will require about 18 to 25 hours to prepare for the exam.
The University expects full time students (those undertaking 12 units per semester) to devote a total of 48 hours per week to their studies.
Learning Activities Summary**The following week-by-week timetable is in draft form and subject to change.
**A detailed week-by-week timetable for the course will be available on MyUni.
Induction Day: Wednesday 18 July, 10.15am - 12.30pm, Barr Smith South, 534 Lecture Theatre
Introduction & Lecture 1: The Concept of Law (Lecturer Dr Franc de Zwart)
Foundations of Law S2 2018 Week Week Beginning Lecture Seminars Assessment Mondays 12.00pm-2.00pm
Napier, G03, Lecture Theatre
Tuesdays 11am - 1pm
Ligertwood, 113, Teaching Room
Seminar Leader: TBA
Wednesdays 11am - 1pm
Ligertwood, 314, Flinders Room
Wednesdays 1.00pm - 3.00pm
Seminar Leader: TBA
Court Hierarchies and the Doctrine of Precedent
Sources of Law / Doctrine of Precedent / Australian Courts
Planning your court report
Anatomy of a Case
Solving Legal Problems / McBain Case Analysis
Understanding the Concept of Law
The Legal Profession
Legal Profession / Re AJG Case Analysis
Sources of Law and Solving Legal Problems
(1) Legal Research: An Overview;
(2) Using Secondary Sources for Legal Research;
(3) Finding and Navigating Through Legislation;
(4) Locating Case Law
Lecture 5: (Nexus10 Computer Suite 2.07)
Understanding the Legal Profession /
How to Cite
(1) Creation and Interpretation of Legal Texts;
(2) Nature of Legal Texts and the Difficulty of their Interpretation
Lecture 6 (1 hr):
Introduction to Statutory Interpretation
Case Analysis (Part 1)
(1) Statutory Interpretation General Principles;
(2) The Purposive Approach to Interpretation;
(4) Example: CPFC v Minister for Immigration and Border Protection
Lecture/Workshop 7 (1 hr) (NOT recorded):
Statutory Interpretation Problem
Case Analysis (Part 2)
Court Report Exercise Due Tuesday of Week 6, 2.00pm 7 Monday
Lecture/Workshop 8 (1 hr) (NOT recorded):
Statutory Interpretation Problem
Statutory Interpretation (Pt 1)
Lecture/Workshop 9 (1 hr):
Indigenous Perspectives and Legal Theory (Part 1)
Statutory Interpretation (Pt 2)
** MID-SEMESTER BREAK ** ** Analysis and Interpretation Exercise Due
Friday 21 September 2.00pm
** MID-SEMESTER BREAK ** 9 Monday
No Lecture (Public Holiday) Seminar 9:
Research Quiz open Monday Week 9 9.00am until Friday Week 9 5.00pm 10 Monday
Lecture 10 (1 hr):
Indigenous Perspectives and Legal Theory (Part 2)
Indigenous and Settler Perspectives (S1)
Indigenous Perspectives Quiz open 9.00am Monday Week 10 until 5.00pm Friday Week 12 11 Monday
Lecture 11 (1 hr):
Indigenous Perspectives and Legal Theory (Part 3)
Indigenous and Settler Perspectives (S2)
Assignment Feedback / Legal Theory and Indigenous Perspectives Revision / Exam Preparation
(Francesco de Zwart)
Indigenous and Settler Perspectives (S3)
Indigenous Perspectives Presentations Exercise
Perspectives Presentations Exercise
(in seminar 12)
Specific Course RequirementsTo be eligible to sit the exam, students must attend 9 of the 12 seminars (see below).
The University's policy on Assessment for Coursework Programs is based on the following four principles:
- Assessment must encourage and reinforce learning.
- Assessment must enable robust and fair judgements about student performance.
- Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
- Assessment must maintain academic standards.
Assessment Task Task Type Due Weighting Length Redeemable Learning Outcomes Court Report Group Tuesday Week 6, 2pm 5% 3 pages No 1,3,5,6 Research Quiz Individual 9am Monday - 5pm Friday, Week 9 5% 10 questions No 1,2,4 Advocacy Exercise (Legal Theory and Indigenous Perspectives Presentation/Debate) Group Week 12, in Seminars 10% Yes (providing minimum 40% / bona fide effort - see below) 1,2,3,4,5,6 Analysis and Interpretation Exercise Individual Friday 21 September, 2pm 30% 1750 words Yes (providing minimum 40% / bona fide effort - see below) 1,2,4,5 Indigenous Perspectives Quiz Individual 9am Monday Week 10 - 5.00pm Friday Week 12 5% 10 questions No 1,2,5 Exam Individual Exam period 45% up to 85% depending on which items of interim assessment are redeemed 120 minutes, plus 10 minutes reading time N/A 1,2,4,5
Assessment Related Requirements1. Attendance
Students must attend 9 of the 12 seminars. Students should let their seminar leader know if they are unable to attend a seminar. Student will be expected to work in small groups in the seminars. Assessment tasks (such as the Court Report and Legal Theory and Indigenous Perspectives Presentations) will be conducted in groups.
Attendance at seminars in Foundations of Law is compulsory because attendance is essential to all students in the course being able to successfully develop all of the course learning outcomes. First, as Foundations of Law is the first course students will encounter in University legal education (and, for many students, their first exposure to legal education at any level), students will be challenged to learn about and within an entirely new discipline – this new intellectual endeavour requires active participation in the seminar classes by all students. Second, it would be possible for students to get into academic difficulty without realising it if distracted by other matters and not attending classes.
Third, students are required to form into groups from the very first
week, and complete two assessment tasks in those groups (one during the final seminar class of the course), so it is essential to have all students in attendance to form and then develop their group, and complete these group assessments. Fourth, as Foundations of Law is the first course in the LLB program, attending seminars encourages the formation of good learning habits for the remaining courses in the program.It is each student’s responsibility to monitor their own attendance, and ensure they meet the attendance requirement. Staff will keep records of student attendance at seminar classes, and after the final seminar class any students identified as not meeting this requirement will be contacted by student email and informed of their inability to pass the course.
The only exception to the attendance requirement is where a student is seriously impacted by compelling compassionate, medical or extenuating circumstances. In such case, the student is required to apply, in accordance with the University’s Modified Arrangements for Coursework Assessment Policy (which sets both strict substantive requirements for eligibility and stringently-enforced procedural requirements regarding prompt submission of applications with supporting evidence) for permission to undertake alternative work in lieu of attendance, which will be assigned at the discretion of the course coordinator.
2. Redeemable Grades
The Research Quiz and Court Report components of the interim assessment are not redeemable.
In order to redeem an interim assessment mark for the Advocacy Exercise or the Analysis and Interpretation Exercise, a student must achieve 40% or a bona fide effort as assessed by the course coordinator in that item of interim assessment.
Marks achieved in the interim assessment will be added together and make up the interim mark in the subject. If a student does not redeem the mark for any item of interim assessment, the interim mark will count for 50% of the final mark with the examination result making up the other 50%. If a student is entitled to redeem their mark for an item of interim assessment, and they perform better in the examination, their examination mark will count for between 50% and 90% of their final mark in the subject, depending on which items of interim assessment are redeemed.
Assessment DetailCourt Report (5%)
Student groups are required to observe a South Australian Court while in session and each group must submit a report based on their observations that responds to specific questions. Instructions and questions to be answered will be posted on MyUni in week one. The reports must be submitted by Tuesday of Week 6 at 2.00 pm and are worth 5% of the grade for the course.
Research Quiz (5%)
Students are required to complete a 10 question quiz in Week 9 to test their research skills.
Advocacy Skills - Legal Theory and Indigenous Perspectives Debate/Presentation (10%)
In the seminar in week 12 students will participate in an advocacy exercise relating to the Law and Society: Indigenous and Settler Perspectives module of the course. The exercise will take the form of a debate or presentation and students will apply legal theory and Indigenous perspectives to practical problems. This exercise will be conducted in groups.
Analysis and Interpretation Exercise (30%)
The Analysis and Interpretation Exercise comprises two parts. In part 1 students will be given a passage from a judgment in a case relating to legal and professional ethics, and will be required to answer questions similar to those modelled in the seminars on case analysis. In part 2 students will undertake a simple process of statutory interpretation in a form similar to the exercises undertaken in seminars. Detailed instructions with marking criteria will be distributed with the Exercise.
Indigenous Perspectives Quiz (5%)
Students are required to complete a 10 question quiz in weeks 10 to 12 to test their understanding of the material covered in the videos of the Indigenous Perspectives Module of the Course.
Exam (45% up to 85% depending on which items of interim assessment are redeemed)
The exam is 120 minutes in length with 10 minutes reading time. It will be held in the University Examination Period.
SubmissionSubmission requirements for each piece of assessment will be set out in the information provided when the assessment item is released. Students should read the information on MyUni carefully in relation to submitting each piece of assessment and follow the instructions.
Extensions beyond the due date will only be granted in the case of serious and unforeseen incapacity. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are NOT unexpected circumstances. If you require an extension, you will need to use the on-line application form available on Unified as soon as you are aware of the need for an extension, and before the due date of the assignment.
The course coordinator will reply by email, determining whether an extension is warranted, what evidence is required to verify the student’s incapacity, and the length of the extension. Evidence of the incapacity must be submitted with the assignment, and must be consistent with details in the email requesting the extension. If the details of the request for an extension, and the medical or other evidence verifying the extension are not consistent in all respects, the extension is nullified, and the assignment may be penalised.
All written work in the Law school is required to comply with the approved Law School style guide, the Australian Guide to Legal Citation.
- Late Submission: 5% of the total mark possible will be deducted for every 24 hours or part thereof that submission is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An assignment that is more than 24 hours late will lose 10%, etc. Hard copy submissions made after 5.00pm on a Friday will be assumed to have been submitted on the next business day and will be penalised accordingly.
- Word Length: Assignments which exceed the allocated length (word length ) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 1,250, an essay graded 63% will have 5% deducted if it is 1,251 words long, for a final grade of 58%, 10% if it is 1,351 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information. Quotations and all referencing information are included in the word count.
Grades for your performance in this course will be awarded in accordance with the following scheme:
M10 (Coursework Mark Scheme) Grade Mark Description FNS Fail No Submission F 1-49 Fail P 50-64 Pass C 65-74 Credit D 75-84 Distinction HD 85-100 High Distinction CN Continuing NFE No Formal Examination RP Result Pending
Further details of the grades/results can be obtained from Examinations.
Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.
Final results for this course will be made available through Access Adelaide.
Finality of Assessment Grades
Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).
ModerationIn accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:
- assurance of the qualifications of markers, and their knowledge of the content covered in each course;
- detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
- sharing of example marked assessments at various grade bands across markers;
- reviewing of selected marked assessments from each marker by the course coordinator;
- comparison of the marks and their distribution across markers;
- automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
- the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.
Approval of Results by Board of ExaminersStudents are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.
The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.
SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.
The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.
- Academic Support with Maths
- Academic Support with writing and speaking skills
- Student Life Counselling Support - Personal counselling for issues affecting study
- International Student Support
- AUU Student Care - Advocacy, confidential counselling, welfare support and advice
- Students with a Disability - Alternative academic arrangements
- Reasonable Adjustments to Teaching & Assessment for Students with a Disability Policy
The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.
Lex Salus ProgramLex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.
Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.
Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.
Student Life Counselling SupportThe University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
- Academic Credit Arrangement Policy
- Academic Honesty Policy
- Academic Progress by Coursework Students Policy
- Assessment for Coursework Programs
- Copyright Compliance Policy
- Coursework Academic Programs Policy
- Elder Conservatorium of Music Noise Management Plan
- Intellectual Property Policy
- IT Acceptable Use and Security Policy
- Modified Arrangements for Coursework Assessment
- Student Experience of Learning and Teaching Policy
- Student Grievance Resolution Process
Academic HonestyAcademic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.
Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia.
Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.
The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.