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A.
legal knowledge
in
subject
area |
Acquire and demonstrate an understanding of many of the fundamental principles of Corporations Law.
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Acquire and demonstrate an understanding of evidence law pursuant to the common law and Evidence Act 1906 (WA), including the main sources, principles, techniques, terminology and concepts of the law of evidence in WA.
Demonstrate an ability to:
- identify the major case authorities relevant to each area of the law of evidence studied; and
- discuss the relevance of these cases to evidence law.
Demonstrate an appreciation of and respect for court etiquette and basic courtroom practice. |
Demonstrate an understanding of:
- the means by which civil disputes might be resolved;
- the procedure for initiating and responding to litigated claims;
- the procedure for taking and responding to interlocutory proceedings;
- the process of gathering and presenting evidence;
- the negotiation of settlements;
- the enforcement of orders and settlement agreements; and
- the appeals process. |
Demonstrate an understanding of:
- a legal practitioner's ethical duties and professional responsibilities;
- the Stamp Act and its application; and
- the law and procedure relating to areas of commercial and conveyancing practice.
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Demonstrate an understanding of the fundamental concepts and principles of Corporations Law, Evidence, Civil Procedure and Commercial Practice.
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B.
BROAD FRAMEWORK
OF
LAW
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Demonstrate competent use of relevant legislation.
Demonstrate an understanding of:
- the interaction of the statutory and general law sources of company law; and
- the company as an actor or participant in contractual, tortious or equitable relationshjps and in crime. |
Demonstrate an appreciation of:
- the role played by the rules of evidence in proof in different forums; and
- the impact of the rules of evidence when preparing a matter for trial.
Demonstrate an ability to analyse evidence for the purposes of proving a case. |
Demonstrate the ability to draw on and apply knowledge from a range of previously studied units and in solving problems combining substantive and procedural law issues.
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Demonstrate the ability to draw on and apply knowledge from a range of previously studied units in solving hypothetical legal problems raising substantive and procedural law issues.
Demonstrate an appreciation of the role of the rules of evidence in proof in different forums.
Demonstrate an understanding of:
- the interaction of the statutory and general law sources of law; and
- the company as an actor or participant in contractual, tortious or equitable relationshjps and in crime. |
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C.
understanding contextual issues
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Recognise and demonstrate an appreciation of:
- the philosophical, political, social and economic policy considerations underlying Australian company law;
- the ethical issues raised by the separate legal entity status of the company; and
- the interaction of economic objectives and social considerations on corporate legislation.
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Recognise the historical origins of particular rules of evidence. |
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Recognise and demonstrate an appreciation of:
- the philosophical, political, social and economic policy considerations underlying Australian company law;
- the ethical issues raised by the separate legal entity status of the company; and
- the interaction of economic objectives and social considerations on corporate legislation. |
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D
comparative/ international perspectives |
Compare and contrast historical and current English company law and Australian company law. |
Demonstrate an appreciation and understanding of the significance of differences between WA, interstate and Commonwealth rules of evidence and of the potential impact of international developments in the law of evidence.
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Demonstrate an appreciation and understanding of the significance of different principles and rules relevant to common issues in interstate and foreign jurisdictions and the potential impact of international developments on domestic law. |
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E.
ANALYSIS / CRITICAL THINKING
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Develop and demonstrate the ability to analyse and think critically about current issues in company law and any need for reform.
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Critically analyse the rules of evidence in contemporary settings and make constructive recommendations for reform. |
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Demonstrate the ability to critically analyse legal issues, rules and principles in making recommendations for reform. |
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F.
legal
research
|
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Demonstrate the ability to conduct research to:
- identify the elements of a cause of action; and
- locate primary and secondary resources relevant to Procedure. |
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Demonstrate the ability to conduct research to:
- identify the elements of a cause of action; and
- locate primary and secondary resources relevant to Procedure. |
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G.
legal
problem
solving
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Demonstrate the ability to provide, in written form, accurate and clear legal advice on complex factual scenarios (containing both material and immaterial information) involving companies.
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Demonstrate the ability to:
- solve a hypothetical legal problem based on previously studied subject areas;
- identify evidence needed to prove a client's case or disprove an opponent's case, according to the rules of evidence;
- understand and apply the rules of evidence to diverse factual scenarios; and
- analyse evidence.
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Demonstrate the ability to:
- identify, from previously studied subject areas, a cause of action from a set of assumed facts and draft relevant court documents;
- identify the most appropriate remedy to resolve a hypothetical legal problem; and
- identify procedural solutions for resolving legal problems. |
Demonstrate an understanding of, and the ability to advise a client on, available and appropriate commercial structures and the implications of choosing a particular structure.
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Solve hypothetical legal problems on complex factual scenarios.
Critically determine the relevance, value and admissibility of evidence.
Identify appropriate procedural and substantive solutions for resolving hypothetical legal problems based on previously studied subject areas.
Draft court documents based on a cause of action identified from previously studied subject areas.
Demonstrate an understanding of and the ability to provide commercially relevant advice regarding alternative business structures. |
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H.
legal
writing
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Demonstrate the ability to provide, in written form, accurate and clear legal advice on complex factual scenarios involving companies
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Write a concise answer to a hypothetical legal problem based on previously studied subject areas and advise on the relevant evidentiary issues.
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Draft court documents.
Write clear, concise and accurate letters of advice to clients. |
Demonstrate an understanding of the basic principles of legal drafting using correct and plain language.
Demonstrate the ability to use, adapt and apply precedents properly.
Write clearly, concisely and effectively in communicating with clients and other lawyers.
Complete simple land and business settlements.
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Demonstrate an understanding of the basic principles of legal drafting using correct and plain language.
Demonstrate the ability to draft court documents and to use, adapt and apply precedents properly.
Write clearly, concisely and effectively in communicating with clients and other lawyers.
Complete simple land and business settlements. |
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I.
oral communication skills
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Demonstrate the ability to provide, in oral form, accurate and clear legal advice on complex factual scenarios involving companies
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Demonstrate the ability to lead discussion and engage in advocacy in a tutorial group.
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Demonstrate the ability to lead discussion and engage in advocacy in a tutorial group. |
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J.
PERSONAL
AND
relational skills
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Critically reflect on one’s problem solving skills
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Interview clients and take instructions in simple commercial and conveyancing matters.
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Critically reflect on one’s problem solving skills
Interview clients and take instructions in simple commercial and conveyancing matters.
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K.
ASSESSMENT |
10% for online participation or reflection on unit materials or tutorials (redeemable) [A, B, C, D, E, G, J]
25% mid-semester exam (problem question) and critique (students' own assessment of their performance in light of further instruction and reading) [A, B, E, G, H, J]
75%/65% exam (problem solving) [A, B, G, H] |
30% written assignment [A, E, G, H]
70% exam [A, B, D, E, G, H]
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40% 4 written exercises on tutorial topics [A, B, F, G, H]
10% oral presentations in tutorial groups [A, F, G, I, J]
50% exam [A, B, G, H] |
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