LAWS11-110: Australian Legal System

Description

Australian Legal System is a compulsory subject in the Bachelor of Laws program offered by the Faculty of Law. This subject examines the nature and sources of law and the methods of the legal system. The role and function of the primary institutions of law and government are addressed. Particular attention is paid to the Australian federal structure; legislatures and the legislative process; and courts and the judicial system. The common law tradition, the doctrine of precedent, and the principles and rules of statutory interpretation are emphasised. Legal ethics and features of the modern legal profession are also introduced. The subject also covers the skills needed to conduct basic legal research.

Learning outcomes

1. Identify and critically discuss the historical and social underpinnings of the Australian legal system.
2. Identify the key institutions and sources of law within the Australian legal system and describe the relationship between them.
3. Understand and describe the institutional structure of Australian government and its implications for the legal system.
4. Extract important features from statutes; as well as use, interpret and apply statutory provisions to new situations.
5. Understand and describe the institutional structure of the Australian court system, jurisdiction and hierarchy.
6. Extract important features from judgments, reconcile judgments, evaluate the development of legal principles and apply legal principles arising from case law to new situations.
7. Create a research strategy, utilise legal databases to research primary and secondary materials and critically evaluate the materials obtained.
8. Use legal citation conventions in the course of legal writing.
9. Prepare a legal argument, or provide an opinion, and do so clearly, accurately and concisely.

Prerequisites

Admission into LA-40001 Bachelor of Business Law (Ver 1 or 2) OR
LA-40002 Bachelor of Jurisprudence (Ver 1 or 2) OR
LA-40003 Bachelor of Laws OR
BL-11005 or BL-11082 Bachelor of Commerce/Bachelor of Laws OR
BL-11052 or BL-11083 Bachelor of Business/Bachelor of Laws OR
BL-11084 Bachelor of Actuarial Science/Bachelor of Laws OR
CL-61004 Bachelor of Biomedical Science/Bachelor of Laws OR
HL-21005 Bachelor of Arts/Bachelor of Laws OR
HL-21008 Bachelor of Communication (Business)/Bachelor of Laws OR
HL-21013 Bachelor of Communication/Bachelor of Laws OR
HL-21023 Bachelor of International Relations/Bachelor of Laws OR
HL-21112 Bachelor of Journalism/Bachelor of Laws OR
HL-21133 or HL-21148 Bachelor of Psychological Science/Bachelor of Laws

Subject outlines