General Information
Common Law and Legal Skills is an elective subject in the Master of Laws program offered by the Faculty of Law. This subject is suitable for students legally educated in a civil law jurisdiction. Students will learn about the differences between common law legal systems and civil law legal systems, with an emphasis upon the Australian legal system. Students will also develop the practical legal skills required for success in common law jurisdictions, including legal research, legal reasoning and problem solving, written and oral communication, dispute resolution, and advocacy skills.
-
Details
Academic unit: Faculty of Law Subject code: LAWS77-101 Subject title: Common Law and Legal Skills Subject level: Postgraduate Semester/Year: September 2019 Credit points: 10.000 -
Delivery & attendance
Timetable: https://bond.edu.au/timetable Delivery mode: Mixed (Face-to-Face) Workload items: - Seminar: x2 (Total hours: 12) - Seminar
- Seminar: x2 (Total hours: 6) - Seminar
- Personal Study Hours: x12 (Total hours: 96) - Recommended study hours
- Directed Online Activity: x3 (Total hours: 6) - Online modules
Attendance and learning activities: Attendance at all classes is compulsory. The time and date of classes are referred to in the timetable. Learning activities are referred to under the curriculum and assessment headings. -
Resources
Prescribed resources: Books
- Nick James and Rachael Field (2013). The New Lawyer. n/a, Wiley
Others
- Bobette Wolski (2008). Ethics and Values for Legal Practice. Law Book Company
iLearn@Bond & Email: iLearn@Bond is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student. To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
Class recordings: The primary workload items for this subject will be recorded for the purpose of revision.
These recordings are not a substitute for attending classes. Students are encouraged to attend all sessions as there may be instances where a session is not recorded due to the presence of a guest speaker, the inclusion of sensitive or protected content, or technical issues. Students are advised not to rely solely on these recordings for revision.
See the Recording policy for further details.
| Academic unit: | Faculty of Law |
|---|---|
| Subject code: | LAWS77-101 |
| Subject title: | Common Law and Legal Skills |
| Subject level: | Postgraduate |
| Semester/Year: | September 2019 |
| Credit points: | 10.000 |
| Timetable: | https://bond.edu.au/timetable |
|---|---|
| Delivery mode: | Mixed (Face-to-Face) |
| Workload items: |
|
| Attendance and learning activities: | Attendance at all classes is compulsory. The time and date of classes are referred to in the timetable. Learning activities are referred to under the curriculum and assessment headings. |
| Prescribed resources: | Books
Others
|
|---|---|
| iLearn@Bond & Email: | iLearn@Bond is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student. To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au |
| Class recordings: | The primary workload items for this subject will be recorded for the purpose of revision. These recordings are not a substitute for attending classes. Students are encouraged to attend all sessions as there may be instances where a session is not recorded due to the presence of a guest speaker, the inclusion of sensitive or protected content, or technical issues. Students are advised not to rely solely on these recordings for revision. See the Recording policy for further details. |
Enrolment requirements
| Requisites: |
Nil |
|---|---|
| Assumed knowledge: |
Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge.
|
| Restrictions: |
Nil |
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- Demonstrate knowledge and understanding of: the differences between common law and civil law legal systems; the roles of the legislature, the executive and the judiciary in common law legal systems; and the history and fundamental features of the Australian legal system.
- Demonstrate competence in the exercise of the following practical legal skills: legal research; legal reasoning and problem solving; written and oral communication; dispute resolution; and advocacy.
- Demonstrate and apply the above knowledge and skills: with creativity and initiative to new situations; with high level personal autonomy and accountability; and to plan and execute substantial research based projects.
Generative Artificial Intelligence in Assessment
The University acknowledges that Generative Artificial Intelligence (Gen-AI) tools are an important facet of contemporary life. Their use in assessment is considered in line with students’ development of the skills and knowledge which demonstrate learning outcomes and underpin study and career success. Instructions on the use of Gen-AI are given for each assessment task; it is your responsibility to adhere to these instructions.
-
Assessment details
Type Task % Timing* Outcomes assessed Skills Assignment Submission of client file (including or required documentation) 20% Week 10 2,3 *Online Activity Online assessment 40% Ongoing 1,3 Negotiation Participate in a negotiation 10% To Be Negotiated 1,2,3 *Letter Letter of demand/response, memorandum of advice, final letter to client 20% To Be Negotiated 1,2,3 Draft Document Draft a legal document 10% To Be Negotiated 1,2,3 - * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
-
Assessment criteria
Assessment criteria
High Distinction 85-100 Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. Distinction 75-84 Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. Credit 65-74 Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. Pass 50-64 Usually awarded to students whose performance meets the requirements set for work provided for assessment. Fail 0-49 Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
| Type | Task | % | Timing* | Outcomes assessed |
|---|---|---|---|---|
| Skills Assignment | Submission of client file (including or required documentation) | 20% | Week 10 | 2,3 |
| *Online Activity | Online assessment | 40% | Ongoing | 1,3 |
| Negotiation | Participate in a negotiation | 10% | To Be Negotiated | 1,2,3 |
| *Letter | Letter of demand/response, memorandum of advice, final letter to client | 20% | To Be Negotiated | 1,2,3 |
| Draft Document | Draft a legal document | 10% | To Be Negotiated | 1,2,3 |
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
Assessment criteria
| High Distinction | 85-100 | Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. |
|---|---|---|
| Distinction | 75-84 | Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. |
| Credit | 65-74 | Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. |
| Pass | 50-64 | Usually awarded to students whose performance meets the requirements set for work provided for assessment. |
| Fail | 0-49 | Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. |
Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Study Information
Submission procedures
Students must check the iLearn@Bond subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Academic Integrity
University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.
Bond University utilises Originality Reporting software to inform academic integrity.Feedback on assessment
Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.
Accessibility and Inclusion Support
If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.
Additional subject information
Common Law and Legal Skills will be co-taught in 193. Please see details of the additional educator: Associate Professor Libby Taylor | +61 7 5595 1680 | ltaylor@bond.edu.au This subject is not available to students from a Common Law background.
Subject curriculum
-
Global Law - Online Module 1
In this module we examine the key similarities and differences between common law legal systems and civil law legal systems. We also explore what it means to be a globally minded law student and lawyer. We briefly describe the global context of Australian law. Then, having established the importance of ‘global- mindedness’ for contemporary law students and lawyers, we examine the meaning of a range of terms associated with the concept. Finally, we consider some ways in which, as both a law student and a legal professional, you can achieve global-mindedness.
SLOs included
- Demonstrate knowledge and understanding of: the differences between common law and civil law legal systems; the roles of the legislature, the executive and the judiciary in common law legal systems; and the history and fundamental features of the Australian legal system.
- Demonstrate competence in the exercise of the following practical legal skills: legal research; legal reasoning and problem solving; written and oral communication; dispute resolution; and advocacy.
- Demonstrate and apply the above knowledge and skills: with creativity and initiative to new situations; with high level personal autonomy and accountability; and to plan and execute substantial research based projects.
-
The Australian Legal System - Online Module 2
This module is an overview of the Australian legal system, including its fundamental features. We present the key characteristics of the Australian legal system, examine the various constitutions in Australia and outline the functions of the executive government.
SLOs included
- Demonstrate knowledge and understanding of: the differences between common law and civil law legal systems; the roles of the legislature, the executive and the judiciary in common law legal systems; and the history and fundamental features of the Australian legal system.
- Demonstrate competence in the exercise of the following practical legal skills: legal research; legal reasoning and problem solving; written and oral communication; dispute resolution; and advocacy.
- Demonstrate and apply the above knowledge and skills: with creativity and initiative to new situations; with high level personal autonomy and accountability; and to plan and execute substantial research based projects.
-
Sources of Law - The Legislature - Online Module 3
This is the first of two of law modules examining the sources of law in common law jurisdictions. In this module we focus upon the legislature. We explain the structure of parliament as a law-making institution, describe the process of creating legislation from the initial proposal through to assent and commencement, and highlight the increasing importance of delegated legislation as a source of law.
SLOs included
- Demonstrate knowledge and understanding of: the differences between common law and civil law legal systems; the roles of the legislature, the executive and the judiciary in common law legal systems; and the history and fundamental features of the Australian legal system.
- Demonstrate competence in the exercise of the following practical legal skills: legal research; legal reasoning and problem solving; written and oral communication; dispute resolution; and advocacy.
- Demonstrate and apply the above knowledge and skills: with creativity and initiative to new situations; with high level personal autonomy and accountability; and to plan and execute substantial research based projects.
-
Sources of Law -The Judiciary - Online Module 4
This is the second of two modules examining the sources of law in common law jurisdictions. In this module we focus upon the judiciary. We describe the various court systems in Australia and follow the trial process with an emphasis upon the role of judges in creating law in accordance with the doctrine of precedent.
SLOs included
- Demonstrate knowledge and understanding of: the differences between common law and civil law legal systems; the roles of the legislature, the executive and the judiciary in common law legal systems; and the history and fundamental features of the Australian legal system.
- Demonstrate competence in the exercise of the following practical legal skills: legal research; legal reasoning and problem solving; written and oral communication; dispute resolution; and advocacy.
- Demonstrate and apply the above knowledge and skills: with creativity and initiative to new situations; with high level personal autonomy and accountability; and to plan and execute substantial research based projects.
-
Intensive Topic 1 - Client Interviewing
We will identify and practise those skills needed to interview a client, conduct a client interview and accurately record that interview in writing. We will also look at the ethical and professional issues that arise when conducting a client interview.
SLOs included
- Demonstrate competence in the exercise of the following practical legal skills: legal research; legal reasoning and problem solving; written and oral communication; dispute resolution; and advocacy.
- Demonstrate and apply the above knowledge and skills: with creativity and initiative to new situations; with high level personal autonomy and accountability; and to plan and execute substantial research based projects.
-
Intensive Topic 2 - Letter Writing
We will identify and practise those skills needed to write clearly, concisely and accurately to a client. We will focus on how complex legal issues can be simplified for clients so as to maximise their understanding of their legal problem and how it can be resolved. We will also look at the ethical and professional issues that arise when writing to a client or others on behalf of a client.
SLOs included
- Demonstrate competence in the exercise of the following practical legal skills: legal research; legal reasoning and problem solving; written and oral communication; dispute resolution; and advocacy.
- Demonstrate and apply the above knowledge and skills: with creativity and initiative to new situations; with high level personal autonomy and accountability; and to plan and execute substantial research based projects.
-
Intensive Topic 3 - Drafting Documents
We will identify and practise those skills needed to draft legal and court documents clearly, concisely and accurately.
SLOs included
- Demonstrate competence in the exercise of the following practical legal skills: legal research; legal reasoning and problem solving; written and oral communication; dispute resolution; and advocacy.
- Demonstrate and apply the above knowledge and skills: with creativity and initiative to new situations; with high level personal autonomy and accountability; and to plan and execute substantial research based projects.
-
Intensive Topic 4 - Dispute Resolution and Collaboration
We will identify and practise those skills needed to represent a client in a negotiation with particular emphasis on communication skills within the context of both positional and interest-based bargaining styles. We will also look at the ethical and professional issues that arise when conducting negotiations on behalf of a client.
SLOs included
- Demonstrate competence in the exercise of the following practical legal skills: legal research; legal reasoning and problem solving; written and oral communication; dispute resolution; and advocacy.
- Demonstrate and apply the above knowledge and skills: with creativity and initiative to new situations; with high level personal autonomy and accountability; and to plan and execute substantial research based projects.
-
Intensive Topic 5 - Advocacy and Oral Presentation
We will identify and practise those skills needed to represent a client in a court hearing. We will also look at the ethical and professional issues that arise when representing a client in a court hearing.
SLOs included
- Demonstrate competence in the exercise of the following practical legal skills: legal research; legal reasoning and problem solving; written and oral communication; dispute resolution; and advocacy.
- Demonstrate and apply the above knowledge and skills: with creativity and initiative to new situations; with high level personal autonomy and accountability; and to plan and execute substantial research based projects.