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 and aquire 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: January 2025 Credit points: 10.000 -
Delivery & attendance
Timetable: https://bond.edu.au/timetable Delivery mode: Mixed (Face-to-Face) Workload items: - Seminar: x2 (Total hours: 6) - Seminar
- Seminar: x1 (Total hours: 6) - Seminar
- Seminar: x1 (Total hours: 6) - Seminar
- Directed Online Activity: x3 (Total hours: 6) - Online modules
- Personal Study Hours: x12 (Total hours: 96) - Recommended study hours
Attendance and learning activities: Attendance at all classes is required. The time and date of classes are referred to in the timetable. -
Resources
Prescribed resources: Books
- Nickolas James,Rachael Field,Jackson Walkden-Brown (2023). The New Lawyer, Print and Interactive E-Text. 3rd, John Wiley & Sons
Others
- Bobette Wolski (2008). Ethics and Values for Legal Practice. Law Book Company
iLearn@Bond & Email: iLearn@Bond is the Learning Management System at Bond University and is used to provide access to subject materials, class 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: | January 2025 |
| 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 required. The time and date of classes are referred to in the timetable. |
| Prescribed resources: | Books
Others
|
|---|---|
| iLearn@Bond & Email: | iLearn@Bond is the Learning Management System at Bond University and is used to provide access to subject materials, class 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:
- Identify and critically compare the differences between common law and civil law legal systems by critically analyse the roles of the legislature, the executive and the judiciary in common law legal systems.
- Apply theoretical knowledge of a range of legal skills to simulated exercises within the context of oral and written communication, legal research and analytics, problem-solving , advocacy and dispute resolution.
- Demonstrate and use acquired knowledge of the common law legal system and legal skills in professional practice with a high level of autonomy and accountability.
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 Computer-aided Test (Open) Online assessment 30.00% Week 5 1 Assignment Memo of advice 30.00% Week 8 1,2,3 Assignment Submit a negotiation planner, submit a deed of release and prepare a final letter to client. 30.00% Week 12 2,3 Student Engagement Participation in client interview and simulated negotiation during seminars. 10.00% Ongoing 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 |
|---|---|---|---|---|
| Computer-aided Test (Open) | Online assessment | 30.00% | Week 5 | 1 |
| Assignment | Memo of advice | 30.00% | Week 8 | 1,2,3 |
| Assignment | Submit a negotiation planner, submit a deed of release and prepare a final letter to client. | 30.00% | Week 12 | 2,3 |
| Student Engagement | Participation in client interview and simulated negotiation during seminars. | 10.00% | Ongoing | 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
Bond University‘s Student Code of Conduct Policy , Student Charter, Academic Integrity Policy and our Graduate Attributes guide expectations regarding student behaviour, their rights and responsibilities. Information on these topics can be found on our Academic Integrity webpage recognising that academic integrity involves demonstrating the principles of integrity (honesty, fairness, trust, professionalism, courage, responsibility, and respect) in words and actions across all aspects of academic endeavour.
Staff are required to report suspected misconduct. This includes all types of plagiarism, cheating, collusion, fabrication or falsification of data/content or other misconduct relating to assessment such as the falsification of medical certificates for assessment extensions. The longer term personal, social and financial consequences of misconduct can be severe, so please ask for help if you are unsure.
If your work is subject to an inquiry, you will be given an opportunity to respond and appropriate support will be provided. Academic work under inquiry will not be marked until the process has concluded. Penalties for misconduct include a warning, reduced grade, a requirement to repeat the assessment, suspension or expulsion from the University.
Feedback on assessment
Feedback on assessment will be provided to students according to the requirements of the Assessment Procedure Schedule A - Assessment Communication Procedure.
Whilst in most cases feedback should be provided within two weeks of the assessment submission due date, the Procedure should be checked if the assessment is linked to others or if the subject is a non-standard (e.g., intensive) subject.
Accessibility and Inclusion Support
Support is available to students where a physical, mental or neurological condition exists that would impact the student’s capacity to complete studies, exams or assessment tasks. For effective support, special requirement needs should be arranged with the University in advance of or at the start of each semester, or, for acute conditions, as soon as practicable after the condition arises. Reasonable adjustments are not guaranteed where applications are submitted late in the semester (for example, when lodged just prior to critical assessment and examination dates).
As outlined in the Accessibility and Inclusion Policy, to qualify for support, students must meet certain criteria. Students are also required to meet with the Accessibility and Inclusion Advisor who will ensure that reasonable adjustments are afforded to qualifying students.
For more information and to apply online, visit BondAbility.
Additional subject information
This subject is not available to students from a Common Law background. | Students may be asked to respond to questions from the subject coordinator regarding the content of their assessments. Students are expected to keep evidence of drafting and research.
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
- Identify and critically compare the differences between common law and civil law legal systems by critically analyse the roles of the legislature, the executive and the judiciary in common law legal systems.
- Apply theoretical knowledge of a range of legal skills to simulated exercises within the context of oral and written communication, legal research and analytics, problem-solving , advocacy and dispute resolution.
- Demonstrate and use acquired knowledge of the common law legal system and legal skills in professional practice with a high level of autonomy and accountability.
-
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
- Identify and critically compare the differences between common law and civil law legal systems by critically analyse the roles of the legislature, the executive and the judiciary in common law legal systems.
- Apply theoretical knowledge of a range of legal skills to simulated exercises within the context of oral and written communication, legal research and analytics, problem-solving , advocacy and dispute resolution.
- Demonstrate and use acquired knowledge of the common law legal system and legal skills in professional practice with a high level of autonomy and accountability.
-
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
- Identify and critically compare the differences between common law and civil law legal systems by critically analyse the roles of the legislature, the executive and the judiciary in common law legal systems.
- Apply theoretical knowledge of a range of legal skills to simulated exercises within the context of oral and written communication, legal research and analytics, problem-solving , advocacy and dispute resolution.
- Demonstrate and use acquired knowledge of the common law legal system and legal skills in professional practice with a high level of autonomy and accountability.
-
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
- Identify and critically compare the differences between common law and civil law legal systems by critically analyse the roles of the legislature, the executive and the judiciary in common law legal systems.
- Apply theoretical knowledge of a range of legal skills to simulated exercises within the context of oral and written communication, legal research and analytics, problem-solving , advocacy and dispute resolution.
- Demonstrate and use acquired knowledge of the common law legal system and legal skills in professional practice with a high level of autonomy and accountability.
-
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
- Apply theoretical knowledge of a range of legal skills to simulated exercises within the context of oral and written communication, legal research and analytics, problem-solving , advocacy and dispute resolution.
- Demonstrate and use acquired knowledge of the common law legal system and legal skills in professional practice with a high level of autonomy and accountability.
-
Intensive Topic 2 - Letter Writing and File Keeping
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. We will identify appropriate ways of keeping a solicitor's file.
-
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
- Apply theoretical knowledge of a range of legal skills to simulated exercises within the context of oral and written communication, legal research and analytics, problem-solving , advocacy and dispute resolution.
- Demonstrate and use acquired knowledge of the common law legal system and legal skills in professional practice with a high level of autonomy and accountability.
-
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
- Apply theoretical knowledge of a range of legal skills to simulated exercises within the context of oral and written communication, legal research and analytics, problem-solving , advocacy and dispute resolution.
- Demonstrate and use acquired knowledge of the common law legal system and legal skills in professional practice with a high level of autonomy and accountability.
-
Intensive Topic 5 - Advocacy and Oral Presentation
We will identify and practise those skills required to correspond with a client confirming final instruction's render invoices and complete a solicitor's file.