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A.
legal knowledge
in
subject area |
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Demonstrate an understanding of:
- the rules of the substantive criminal law with respect to the definition of core criminal offences;
- the rules relating to the various excuses and defences;
- principles of criminal responsibility; and
- elements of the criminal process
with a primary focus on the criminal laws of Western Australia (as opposed to the criminal laws of other states/territories or those of the Commonwealth) |
Demonstrate an understanding of and be able to identify the fundamental principles relating to:
- the formation, terms and interpretation of contracts;
- discharge of contract with emphasis on discharge by performance, breach and frustration;
- remedies particularly damages; and
- vitiating factors particularly misrepresentation and misleading or deceptive conduct |
Demonstrate an understanding of tortious principles in the context of:
- actions in negligence for physical injury, pure mental harm and pure economic loss;
- trespass;
- nuisance;
- defamation; and
- liability for harm done by others.
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Demonstrate an understanding of fundamental concepts and principles of contract, torts and criminal law. |
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B.
BROAD FRAMEWORK OF LAW
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Demonstrate an understanding, at an introductory level, of topics such as the foundations of Australian Law, the court system, and the relationship between the Constitution and other statutes applicable in Australia.
Demonstrate an understanding of:
- how cases create law and the fundamental principles of the doctrine of precedent;
- the fundamental principles of statutory interpretation; and
- the legislative process and the information contained in statutes. |
Develop statutory interpretation skills.
Obtain an overview of the criminal justice system as a whole (including the role of prosecutorial discretion and aspects of punishment)
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Demonstrate an appreciation and understanding of the precedent value of judicial decisions. |
Develop statutory interpretation skills and an understanding of the interaction between legislation and the common law in the development / operation of the law of torts (with particular emphasis on CLA; OLA and Defamation Act)
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Demonstrate an understanding at an introductory level of:
- the foundations of Australian Law;
- the court system;
- the relationship between the Constitution and other statutes;
- the interaction between the various components of the criminal justice system;
- the relationship between common law and statute;
- the distinctive nature of a legislative code;
- the legislative process and the information contained in statutes;
- the precedent value of judicial decisions;
- the role of negotiation in the resolution of legal disputes; and
- the role of law and lawyers in the negotiation process.
Develop statutory interpretation skills.
Develop negotiation skills. |
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C.
understanding contextual issues
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Develop an appreciation for issues of criminal law reform, including proposed legislative changes to the criminal laws.
Develop an understanding of the ethical and social context in which criminal law offences, excuses and defences occur.
Develop an appreciation of some of the issues concerning the position of certain disadvantaged persons within the criminal justice system
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Develop an appreciation of the economic, commercial and social functions of contracts and contract law.
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Demonstrate an appreciation of and engage in informed and articulate oral discussion of political, social and philosophical issues surrounding tort law.
Demonstrate an understanding, at an introductory level, of the context in which tort law operates (for example, understanding the rationales underpinning liability in tort law, and alternative compensation systems).
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Develop and demonstrate an understanding and appreciation, at an introductory level, of:
- the ethical, political, socio-economic and philosophical foundations of aspects of criminal law, contract and torts;
- the position of disadvantaged person within the justice system; and
- the broad range of power issues, rights and interests that impact on the resolution of legal disputes.
Demonstrate an ability to make and assess arguments for law reform.
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D.
comparative/ international perspectives |
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Demonstrate an appreciation, at an introductory level, of:
- the impact of international obligations on domestic criminal laws; and
- the significant difference between the spheres of operation between State and Commonwealth criminal laws
Demonstrate an appreciation, at an intermediate level, of the importance of Code - versus common law - developments in the criminal law |
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Compare and contrast persuasive common law (particularly English case law) with Australian law at an introductory level. |
Demonstrate an appreciation of and compare and contrast, at an introductory level:
- the impact of international obligations on domestic criminal laws;
- the significant difference between the spheres of operation between State and Commonwealth criminal laws; and
- common law (particularly English case law) with Australian torts law.
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E.
ANALYSIS / CRITICAL THINKING
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Demonstrate an ability to critically read a case, determine the basis of the decision reached in that case, and assess the applicability of that decision in a different fact situation.
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Critically evaluate the scope of the criminal law and its practical impact and operation.
Critically analyse the operation of criminal law. |
Analyse and apply legal principles from judicial decisions.
Critically reflect on the theoretical and policy considerations of contract law
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Critically read and analyse torts cases at an introductory level with a view to:
- identifying the principles emerging from those cases; and
- developing an appreciation and understanding of the evolution of the law of torts.
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Demonstrate an ability to critically read a case, determine the basis of the decision reached and the legal principle/s emerging from that case, and assess the applicability of that decision in a different fact situation.
Analyse the broad range of interests arising in a legal dispute.
Critically reflect on the negotiation process.
Critically reflect on theory and policy considerations of criminal law, contracts and tort.
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F.
legal research
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Engage in legal research at an introductory level, using case law sources, legislation and secondary sources, both text and electronic. |
Demonstrate legal research skills at an introductory level (finding statutes and cases) through tutorial/class discussion requirements
Develop intermediate legal research skills in locating relevant primary and secondary reference materials in completing an essay-based assignment. |
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Conduct comprehensive and accurate research into a torts issue using both primary and secondary sources in completing:
- in Torts 1, a written problem-based assignment; and
- in Torts 2, a research exercise conducted with law library staff, and a critical essay. |
Develop and demonstrate legal research skills, including:
- using citations to locate primary and secondary sources, both text and electronic;
- identifying and correctly citing relevant primary and secondary sources on a specified subject matter;
- and identifying subsequent treatment of cases.
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G.
legal problem solving
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Interpret and apply statutes in answering problem questions.
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Develop and demonstrate, at an introductory level, the ability to:
- identify relevant and salient facts from a hypothetical factual scenario;
- apply the relevant law (both case law and statute) to the facts in a clear and concise manner;
- read and analyse cases;
- identify the ratio of a case;
- understand the hierarchy of the courts; and
- explain the relevance of cases from different jurisdictions in solving criminal law problems.
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Solve hypothetical legal problems relating to formation of contracts, identification and construction of contractual terms, and the enforcement of contractual and related legal rights.
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Apply torts principles at an introductory level in solving legal problems raising torts issues.
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Develop a sensitivity to and ability to recognise and identify relevant facts in hypothetical legal problems.
Apply legal principles canvassed in class in solving hypothetical legal problems.
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H.
legal writing
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Understand the fundamental principles of good legal writing.
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Write a clear and concise opinion on a hypothetical legal problem.
Write an evaluative essay on a topic of legal and social interest. |
Write coherent argument in response to hypothetical legal problems.
Write concise answers to short answer questions demonstrating an understanding of aspects of the law of contract.
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Write a clear, concise and comprehensive response to a hypothetical legal problem.
Write a critical essay.
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Write essays and answers to hypothetical legal problems that:
- are clear, concise, coherent and comprehensive;
- address the relevant issues;
- adopt a logical structure;
- use plain English;
- use correct spelling and grammar;
- comply with accepted standards for legal referencing;
- avoid plagiarism; and
- comply with word limits. |
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I.
oral communication skills
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Develop the ability to articulate legal arguments in a clear and concise manner and to relate to an audience |
Prepare for classes and participate in class discussion by:
- commenting on, explaining and analysing case law; and
- discussing and arguing the application of legal principles to hypothetical legal problems.
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Prepare for classes and participate in class discussion by:
- commenting on, explaining and analysing case law; and
- discussing and arguing the application of legal principles to hypothetical legal problems.
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Orally articulate legal arguments and analysis in a clear and concise manner in the context of class discussions.
Demonstrate an appreciation, at an introductory level, of the range and importance of communication skills needed for effective resolution of legal disputes |
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J.
PERSONAL AND relational skills
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Demonstrate effective time management and other organisational skills by meeting assignment deadlines and complying with other assessment instructions
Participate in small group discussions in which peer feedback and tutor/small group teacher feedback is given
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Interact with teaching staff and students in a classroom environment.
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Interact with students in group work in workshop classes.
Develop and demonstrate at an introductory level client interviewing skills in a client interview exercise.
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Demonstrate effective time management, by meeting deadlines for submission of assignments.
Interact effective with students and teaching staff in classes.
Demonstrate an ability to critically reflect on participation in a legal task.
Work collaboratively in a group in preparing and reviewing a negotiation exercise.
Develop and demonstrate at an introductory level client interviewing skills in a client interview exercise.
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K.
ASSESSMENT |
10% Assignment (case analysis) [B, E, H]
20% Legal research exercises [F]
70% Exam:
· 10 short answer questions [B]
· 1 question involving analysis of case and application to hypothetical situation [B, E]
· 1 statutory interpretation hypothetical [B, G] |
Criminal Law 1
30% assignment [A, E, F, G, H] and 70% exam in [A, E, G, H]
Criminal Law 2
40% assignment [A, B, C, E, F, H] and 60% exam in [A, E, G, H]
Include a reflective report on observations from a ‘day in court’ [B,C]
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Assignment on hypothetical problem [A, E, G, H]
Exam on hypothetical problems [A, E, G, H]
Short answer exam questions including policy questions [A,E]
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Torts 1
35% Assignment (hypothetical problem) [A, B, F, G, H]
65% Exam [A, B]:
· 1 hypothetical [G]
· 1 analysis of judgment in torts case [E]
Torts 2
10% class participation [A, B, C, I, J]
40% research essay [A, B, F, H]
50% exam [A, B]:
· 1 hypothetical problem [G]
· 1 question based on analysis of passage in case [E] |
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