13599 (v.2) Legal Process 201

Area:

School of Business Law

Credits:

25.0

Contact Hours:

3.0

Seminar:

1 x 3 Hours Weekly

Prerequisite(s):

11010 (v.2) Law (Contract) 101 or any previous version
AND
11011 (v.3) Legal Framework 100 or any previous version

Syllabus:

The law and legal systems, particular focus on the common law legal system. Classification of types of law. Hierarchy of State and Federal courts, the jurisdiction of those courts. The operation of the doctrine of precedent. Primary and secondary legislation and statutory interpretation. Legal research techniques with particular emphasis on electronic research.

Unit Outcomes:

On successful completion of this unit, students will have - An awareness of the meaning of law and of legal systems. Knowledge of the development of the common law legal system. An understanding of the operation of the Australian legal system. A sound grasp of the hierarchy of Australian courts, both State and Federal. Critical knowledge of how case law develops and the operation of the doctrine of precedent. Understood principles relating to enactment of statues and secondary legislation. Working knowledge of the principles of statutory interpretation. Highly-developed skills on traditional and electronic legal research methods.

Text and references listed above are for your information only and current as of September 30, 2003. Please check with the unit coordinator for up-to-date information.

Unit References:

Derham, Maher and Waller, (2000), An Introduction to Law, 8th ed., Sydney, LBC Information Services. Chisholm R. and Nettheim G., (1997), Understanding Law, 5th ed., Australia, Butterworths. Pearce and Geddes, (1996), Statutory Interpretation in Australia, 4th ed., Australia, Butterworths. Maher, Derham and Waller (1994), Cases and Materials on the Legal Process, 6th ed., Sydney, LBC Information Services. Cook, Creyke, et al., (2001), Laying Down the Law - The Foundations of Legal Reasoning, Research andWriting in Australia, 5th ed. Australia, Butterworths. Astor, H. and Chinken, C., (2002), Dispute Resolution in Australia. 2nd ed. Australia, Butterworths. Hughes, R. and Leane, W. (1996), Australian Legal Institutions. Malaysia, FT Law and Tax. Nemes, I. and Coss, G. (2001), Effective Legal Research. Australia, Butterworths.

Unit Texts:

Cook, Creyke, et al., (2001), Laying Down the Law - The Foundations of Legal Reasoning, Research and Writing in Australia, 5th ed., Australia, Butterworths. Fryer-Smith, S., (2001), Legal Process 201 Reader, Perth, Curtin University of Technology.

Unit Assessment Breakdown:

Final Examination 50%. Group Court Report - Written 15% and Oral 5%. Individual Legal Research Skills Project 15%. Participation in Seminars 15%. This is by grade/mark assessment.

Year	Location	Period	Internal	Area External	Central External
2004	Bentley Campus	Semester 1	Y		Y