LAWS1130 Legal Process

The availability of units in Semester 1, 2, etc. was correct at the time of going to press but may be subject to change.

Credit: 6 points Availability: Semester 1 Old unit code: 200.130

Outcomes: Students acquire basic knowledge and understanding of the following aspects of the Australian legal system and the legal process: (1) the system of civil and criminal courts in Western Australia and the federal courts; (2) the foundations of Australian law—how English law was received in Australia from 1788 onwards, and the role of Aboriginal law; (3) the court system inherited by Australia from Britain; (4) the legal profession (barristers, solicitors and others) and judges; (5) the constitutional traditions inherited by Australia from Britain; (6) basic philosophies of the common law system, theoretical questioning of Australian legal processes and outcomes; and (7) selected current issues relating to Australian law, legal institutions and processes.

Content: This unit is an introduction to law, the legal system and the law-making process and encourages students to scrutinise the principles that underpin the operation of the legal system. The topics covered include an introduction to the development of law and legal institutions in England and Australia; the court system; case law and the doctrine of precedent; statute law and interpretation; the legal profession and the judiciary; the dispute resolution process; the rule of law and other general principles. It introduces a number of skills including working with case and statute law, legal research (including both traditional library resources and computerised legal materials) and legal writing.

Assessment: Students are required to complete a case analysis, research exercises, a reflective journal and a final examination.

Supplementary assessment is available for those students who obtain a mark of 45 to 49 inclusive in this unit (see University General Rule 1.2.1.25).

Unit Co-ordinator(s): Dr Daniel Stepniak

Location: UWA (Crawley)

Mode: on-campus

Unit Rules:

Contact hours—lectures: 2 hrs per week; seminars: 2 hrs per week plus 8–9 hrs of introductory lectures in the first week of semester

Unit Web Page: http://www.uwa.edu.au/page/103718

Note: Some unit web pages are still under construction and will be available in 2009.

Note: For seminar purposes, the class is divided into small groups of approximately 35 to 40.

Preliminary Reading

Chisholm, R. and Nettheim, G. Understanding Law, 7th ed.: LexisNexis Butterworths 2007

Krever, R. Mastering Law Studies and Law Exam Techniques, 6th ed.: LexisNexis Butterworths 2006

Texts

Cook, C. et al. Laying Down the Law, 6th ed.: Butterworths 2005

Statutes

Interpretation Act 1984 (WA)

Recommended Reading

Butt, P., ed. Butterworths Concise Australian Legal Dictionary, 3rd ed.: LexisNexis Butterworths 2004

Hall, K. Legislation: Butterworths 2002

Assistance with study skills, including English language skills, is available free of charge from Student Services for all enrolled students (see http://www.studysmarter.uwa.edu.au/). Student Services location: Second Floor, South Wing, Guild Village; telephone: 6488 2423.

Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary Reading', 'Recommended Reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. For first-year units the Bookshop will endeavour to make available photocopies of book lists for individual units. Books marked with an asterisk (*) are available in paperback.

Unit Resources

Unit Coordinator

Dr Daniel Stepniak