Laying Down the Law

Threshold Learning Outcomes

How Laying Down the Law, 8th edition reflects Threshold Learning Outcomes

These threshold learning outcomes are identified in the Learning and Teaching Academic Standards Project undertaken by Discipline Scholars: Professor Sally Kift and Winthrop Professor Mark Israel.

 

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TLO 1: Knowledge

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TLO 1: Knowledge

Graduates of the Bachelor of Laws will demonstrate an understanding of a coherent body of knowledge that includes:

a. The fundamental area of legal knowledge, the Australian legal system, and underlying principles and concepts, including international and comparative contexts,
b. The broader contexts within which legal issues arise, and
c. The principles and values of justice and of ethical practice in lawyers’ roles.

 

 

Content

   

Activities and Assessment

 

Extra Resources Online

 
 

Chapter 1 — Laying the Foundations

Introduction 1.1

Legal systems 1.2

− The Western legal tradition 1.3

− The common law 1.4

− The civil law 1.5

− Legal globalisation and
convergence 1.6

Sources of law 1.7

Uncertainties and imperfections of
law 1.8

Understanding and practising law 1.9

− Legal ethics 1.10

− Technical language 1.11

− Legal research 1.12

− Categories of law 1.13

Destinations of law graduates 1.14

Chapter 2 — An Introduction to Legal History and the Development of the Modern Legal Profession

Introduction 2.1

The relevance of English legal history
to Australia 2.2

The roots of English law 2.3

− Feudalism 2.4

− The birth of the common law: the extension of the king’s jurisdiction 2.5

− Formalisation of legal structures: itinerant justice and the growth of
courts 2.6

The writ system 2.7

Trial procedures in the early common
law 2.8

Equity 2.9

The foundations of modern constitutionalism 2.11

− Magna Carta and the first
parliaments 2.12

− The Reformation and Parliament during the Tudor dynasty 2.13

− The English Civil War 2.14

− The Glorious Revolution and the constitutional settlement 2.16

Constitutional principles 2.17

− Rule of law 2.18

− Separation of powers 2.19

Statutes 2.20

The common law procedural reforms of the 19th century 2.21

The legal profession 2.23

Reform of the legal profession 2.24

Legal scholarship 2.25

Chapter 3 — The Common Law System
in Australia

Introduction 3.1

Transportation 3.2

The arrival of the common law in
Australia 3.3

− The doctrine of terra nullius 3.4

− The reception of English law 3.5

Creation of an Australian court
structure 3.6

− The New South Wales Act 3.7

The evolution of constitutional government in Australia 3.8

Repugnancy and the Colonial Laws
Validity Act 3.10

The Judicial Committee of the Privy
Council 3.11

The federation movement 3.13

The Australia Acts and the path to constitutional independence 3.14

− The Statute of Westminster 1931 3.15
International law

Chapter 4 — Indigenous Australians and the System of Law and Justice

Introduction 4.1

Native Title 4.2

Mabo and the Native Title Act
1993 (Cth) 4.3

Wik and the Native Title Amendment Act 1998 (Cth) 4.5

− The complexity of native title
claims 4.6

− Improving recognition of native
title 4.9

− Future directions for native
title 4.12

Indigenous Australians and the Commonwealth Constitution 4.14

− Race power and the 1967
referendum 4.14

− Constitutional recognition of the first peoples 4.16

Indigenous People and the Criminal Justice System 4.17

− Jurisdiction over the ‘Aboriginal
native’ 4.18

− Protection regimes 4.19

− Royal Commission into Aboriginal Deaths in Custody 4.20

− ‘Crimes of poverty, despair and
defiance’ 4.22

− Indigenous Sentencing Courts 4.24

− Customary punishment 4.25

Northern Territory Intervention 4.28

− Protection regimes revisited? 4.28

− Racial discrimination or special measure? 4.30

− Other constitutional and legal challenges to the Intervention 4.32

Indigenous People and Human Rights in Australia 4.35

− International Instruments and Australian Discrimination Legislation 4.36

− Express and Implied Constitutional Rights 4.37

Human Rights Law in Australia 4.40

− An entrenched bill of rights for
Australia? 4.41

− A statutory bill of rights: the non-entrenched alternative 4.43

 

   

EXERCISE 1 — 3.16. Activity: use timeline of cases to map Australia’s journey to independence

EXERCISE 2 — 4.13. Group discussion on native title

EXERCISE 3 — 4.27. Sentencing Indigenous offenders and the need to balance the principle of equality before the law with consideration of disadvantage in Indigenous communities.

EXERCISE 4 — 4.46. James Allan presentation to Parliament in relation to Bill of Rights and whether a bill poses a threat to Parliament. Guided suggested responses provided.

FROM THE ESSENTIAL LEGAL TOOLKIT
A. Court Hierarchies  (Great flow chart!)
F. Glossary (Online too!)

 

Lecturer Time Savers:

1. Test bank of Multiple Choice Questions for each chapter with an answer grid for lecturers. Provided in pdf but can be supplied in word format if necessary.  Updated for the 8th edition and with additional questions.

2. Tutorial activities including:

a. 2 x group work activities;

b. 10 x short questions and answers that may be discussed in class or used in assessment; and

c. 4 x  problems to develop online research activities

d. All activities and questions are provided with suggested answers.

3. Powerpoint presentations for each chapter.

4. Four short videos by legal experts that may be used to engage classes. Conversations with Legal Counsel, Small Law, Large Law and Barrister.

Students’ Study Help (available free on Campus Study Help website)

  • Online web quiz
  • Citation web quiz aligned with
    AGLC 3rd edition
  • Online glossary
  • Flashcards (to practise legal terms)
  • Online tutorials for CaseBase, Halsbury’s Laws of Australia and LawNow
  • Useful legal websites
  • Quick case links into LNAU (where library subscriptions allow)

 

 

 

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TLO 2: Ethics and professional responsibility

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TLO 2: Ethics and professional responsibility

Graduates of the Bachelor of Law will demonstrate:

a. An understanding of approaches to ethical decision-making;
b. An ability to recognise and reflect upon, and a developing ability to respond to legal issues,
c. An ability to recognise and reflect upon the professional responsibilities of lawyers in promoting justice and in service to the community, and
d. A developing ability to exercise professional judgement.

 

 

Content

   

Activities and Assessment

 

Extra Resources Online

 
 

Chapter 1 — Laying the Foundations

Sources of law 1.7

Uncertainties and imperfections of law 1.8

Understanding and practising law 1.9

− Legal ethics 1.10

− Technical language 1.11

− Legal research 1.12

− Categories of law 1.13

Destinations of law graduates 1.14

Chapter 2 — An Introduction to Legal History and the Development of the Modern Legal Profession

The legal profession 2.23

Reform of the legal profession 2.24

Chapter 5 — Case Law and Precedent
Alternative dispute resolution 5.25 – 5.27

Embedded throughout the book is a discussion of the ethical and professional issues lawyers must understand to discharge their professional responsibilities.

 

           

 

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TLO 3: Thinking skills

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TLO 3: Thinking skills

Graduates of the Bachelor of Laws will be able to:

a. Identify and articulate legal issues,
b. Apply legal reasoning and research to generate appropriate responses to legal issues,
c. Engage in critical analysis and make a reasoned choice amongst alternatives, an
d. d. Think creatively in approaching legal issues and generating appropriate responses.

 

 

Content

   

Activities and Assessment

 

Extra Resources Online

 
 

PART 2: SOURCES OF LAW: CASE LAW

Chapter 5 — Case Law and Precedent

Introduction 5.1

Reading and analysing a case 5.2

− Analysis 5.5

Rules of law derived from cases are not in fixed verbal form 5.7

Doctrine of precedent or stare
decisis 5.8

− Rationale of the doctrine of
precedent 5.9

− Limitations of stare decisis 5.10 Ratio decidendi 5.11

− Identifying the ratio 5.12

− Level of generality 5.14

− Ratio of appellate decisions 5.15

− Ratio decidendi and obiter dictum 5.16

− Authoritative obiter dicta 5.18

Old precedents 5.19

Hierarchy of courts 5.20

− Australian jurisdictions 5.21

− Other common law jurisdictions 5.22

Administrative tribunals 5.23

Alternative dispute resolution 5.25

Law reporting 5.28

− Authorised and unauthorised report series 5.29

− Cases on the internet 5.30

Interaction between case law and legislation 5.31

Chapter 6 — Precedent in
Australian Courts

Introduction 6.1

High Court 6.2

− When will the High Court overrule
itself? 6.3

− Constitutional case 6.5

− Non-Constitutional cases 6.9

Federal Court 6.10

− When will the Full Federal Court
overrule itself? 6.11

Family Court 6.14

Federal Magistrates Court 6.15

State and territory Supreme Courts 6.16

− Single judge 6.16

− State appellate courts 6.18

− Decisions of other Supreme Courts 6.21

‘Plainly wrong?’ 6.23

Inferior courts 6.24

Administrative tribunals 6.25

Decisions from other common law jurisdictions 6.27

− Privy Council 6.28

− House of Lords and the Supreme Court of the United Kingdom 6.31

Equally divided courts 6.34

Chapter 7 — Judicial Decision-making

Introduction 7.1

Obstacles to fact-finding 7.2

Appeals 7.3

Distinction between matters of fact and matters of law 7.7

How does a trial judge identify the binding legal rule? 7.10

How to avoid precedents 7.11

− Distinguishing a precedent on
its facts 7.12

− Statement of law is too wide 7.13

− Statement of law is obiter dictum 7.14

− Changed social conditions 7.15

− Precedent is unsatisfactory 7.16

− Precedent is wrongly decided 7.17

− The disadvantages of not following precedent 7.18

What factors are taken into account by appellate courts in their creation
of law? 7.19

− A case study: Cattanach v Melchior (2003) 215 CLR 1 7.19

− Legal authority 7.20

− Principle 7.21

− Policy 7.22

− Judicial legislation 7.23

The sequel: Distinguishing wrongful life and wrongful birth in Harriton v Stephens (2006) 226 CLR 52 7.24

PART 3: SOURCES OF LAW: LEGISLATION

Chapter 8

— Legislation Introduction 8.1

Terminology 8.2

Differences between legislation and
case law 8.3

− Value or weight of legislative rules 8.4

Legislation takes precedence over case law 8.5

Making statutes 8.6

Legislative process 8.7

− Commonly asked questions relating to legislation 8.8

Commencement of statutes 8.9

− Commonwealth 8.10

− States 8.11

• New South Wales and Western
Australia 8.12

• Queensland, South Australia and
Victoria 8.13

• Tasmania 8.14

• Territories 8.15

− Australian Capital Territory 8.16

− Northern Territory 8.17

− Other commencement dates 8.18

− Revived statutes and sunset
clauses 8.19

− Retrospective commencement 8.20

Amendment of statutes 8.21

− Changing legislation 8.22

− Repeal of statutes 8.23

• Express repeal 8.24

• Implied repeal 8.25

− Effect of repeal 8.26

• Repeal of a repealing Act 8.27

− Disallowance of Territories’ Acts 8.28

Formal structure of a statute 8.29

− Number 8.30

− Date 8.31

− Long title 8.32

− Short title, title or name 8.33

− Preamble 8.34

− Sections 8.35

− Parts, divisions and headings 8.36

− Tables of contents and indexes 8.37

− Purpose clauses 8.38

− Interpretation sections 8.39

− Headings to sections 8.40

− Schedules 8.41

Legislative Dictionaries — Interpretation statutes 8.43

− Plain English and other developments in drafting 8.45

Different types of statutes 8.48

− Public Acts and private Acts 8.49

− Codes 8.50

− Uniform laws 8.51

− Consolidations 8.52

− Reprinted Acts 8.53

− Declaratory Acts 8.54

− Omnibus and cognate Acts 8.55

Particular forms of legislation in the Australian territories 8.56

− Australian Capital Territory 8.57

− Northern Territory 8.58

− Other Australian territories 8.59

Delegated legislation 8.60

− Parliamentary scrutiny and
consultation 8.61

− Quasi-delegated legislation 8.62

− Commencement of delegated
legislation 8.63

• Commonwealth 8.64

• States and mainland territories 8.65

• Non self-governing territories 8.66

− Disallowance, amendment and repeal of delegated legislation 8.67

• Disallowance 8.67

• Amendment 8.68

• Repeal 8.69

• Automatic repeal 8.70

• Repeal of regulations 8.71

− Formal structure of delegated
legislation 8.72

− Different types of delegated
legislation 8.73

− A rule of court 8.74

Discussion questions 8.75

Chapter 9— Approaches to Interpretation of Legislation

Introduction 9.1

Common law approaches 9.2

− Literal approach 9.3

• Example of the application of the literal approach 9.4

− Golden rule 9.5

• Examples of the application of the golden rule 9.6

− Purposive approach 9.7

• Example of the application of the purposive approach 9.8

Purposive approach under legislation 9.9

− Introduction of s 15AA and similar provisions 9.9

− Operation and limitations of s 15AA and similar provisions 9.10

− Australian Capital Territory equivalent of s 15AA 9.11

− Queensland equivalent of s 15AA 9.12

− South Australian equivalent of
s 15AA 9.13

− Impact of s 15AA and its
counterparts 9.14

− Purposive approach and
drafting errors 9.15

Chapter 10 — Extrinsic Aids to Interpretation of Legislation

Introduction 10.1

Use of extrinsic materials at
common law 10.2

− Parliamentary and related materials 10.3

− International agreements 10.4

− Modern approach to statutory interpretation 10.5

Use of extrinsic materials under
statute 10.6

− Introduction of s 15AB and similar provisions 10.6

− Operation of s 15AB and similar provisions 10.7

− Example of the application of
s 15AB 10.9

− ACT equivalent of s 15AB 10.10

− Victorian equivalent of s 15AB 10.11

− Interpretation by reference to international agreements under s 15AB and equivalent provisions 10.12

Chapter 11 — Interpretation
of Legislation

Introduction 11.1

Interpretation with reference to accompanying words 11.2

Interpretation with reference to other parts of the legislation 11.4

− Titles or names 11.5

− Preambles 11.6

− Interpretation provisions 11.7

− Headings to parts and divisions 11.8

− Headings to sections 11.9

− Schedules 11.10

− Punctuation 11.11

− Examples 11.12

Interpretation legislation 11.13

Dictionaries may be consulted 11.14

Consistent use of words is assumed 11.15

All words are assumed to carry
meaning 11.16

Words should be interpreted in accordance with their current meaning 11.17

Express mention of something may draw attention to the absence of something
else 11.18

Provisions may be interpreted with reference to other legislation 11.19

Provisions may be interpreted with reference to the audience 11.20

Provisions may be interpreted with reference to prior or existing law 11.21

Chapter 12 —Presumptions Used in Interpretation of Legislation

Introduction 12.1

Presumption that statutes do not operate retrospectively 12.2

Presumption that Parliament does not interfere with fundamental rights 12.3

Presumption that Parliament does not abrogate the privilege against self-incrimination 12.5

Presumption that Parliament does not abrogate legal professional privilege 12.6

Presumption that Parliament does not deprive people of access to the courts 12.7

Presumption that re-enactment constitutes approval of previous judicial
interpretation 12.8

Presumption that legislation does not bind the Crown 12.9

Presumption that penal provisions are strictly construed 12.10

Presumption that property rights are not taken away without compensation 12.11

Presumption that legislation does not have extraterritorial effect 12.12

Presumption that Parliament intends to legislate in conformity with international law 12.13

Chapter 13 — Statutory Obligations and Discretions

Introduction 13.1

How to determine whether a provision is obligatory or discretionary 13.2

How to determine whether breach produces invalidity 13.3

Applying legislation to complex
problems 13.5

Practical guide to interpretation of legislation 13.6

Interpreting the Wild Dog Destruction Act: Question and Answer 13.7

   

EXERCISE 5 —5.6. Analysing a case. Two detailed examples are provided in text to scaffold this process to students.

EXERCISE 6 —5.17. Identifying ratio and obiter. Questions and judgment provided. Also optional case suggested for further practise.

EXERCISE 7 —6.37. Precedent in Australian courts. Five problems are provided based on decided cases. Students are asked to act as judges in relation to each problem and decide a point of law.

EXERCISE 8 —8.42. Reading and identifying parts of a statute. Extracts from 3 Acts are provided.

EXERCISE 9 — 8.44. Using interpretation legislation. Practise in the use of the Acts Interpretation Act 1901 (Cth)

EXERCISE 10 —9.16. Approaches to interpretation. Three problems are provided. The first problem includes a suggested response as a scaffold for the student.

EXERCISE 11 — 11.22. Interpretation in context.

Four legal problems are provided. A guided response is provided for the first problem as a scaffold for the student.

EXERCISE 12 — 12.14. Presumptions of interpretation. Three problems provided. There is a guided response to the first problem to act as a scaffold for the student.

EXERCISE 13 — 13.4. Statutory obligations and discretions. Four problems are provided. The first has a guided response to act as a scaffold for students.

The following material leads into exercises 14 & 15 and provides explicit guidance on how to do the activity.

Practical guide to interpretation of legislation 13.6

Interpreting the Wild Dog Destruction Act: Question and Answer 13.7

EXERCISE 14 — 13.8. Interpreting the Graffiti Control Act

EXERCISE 15 —13.9. Interpreting the Impounding Act

 

Lecturer Time Savers:

1. Test bank of Multiple Choice Questions for each chapter with an answer grid for lecturers. Provided in pdf but can be supplied in word format if necessary. Updated for the 8th edition and with additional questions.

2. Tutorial activities including:

a. 2 x group work activities;

b. 10 x short questions and answers that may be discussed in class or used in assessment; and

c. 4 x problems to develop online research activities

d. All activities and questions are provided with suggested answers.

3.Powerpoint presentations for each chapter.

4. Four short videos by legal experts that may be used to engage classes. Conversations with Legal Counsel, Small Law, Large Law and Barrister.

Students’ Study Help (available free on Campus Study Help website)

• Online web quiz

• Citation web quiz aligned with AGLC 3rd edition

• Online glossary

• Flashcards (to practise legal terms)

• Online tutorials for CaseBase, Halsbury’s Laws of Australia and LawNow

• Useful legal websites

• Quick case links into LNAU (where library subscriptions allow)

 

 

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TLO 4: Research skills

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TLO 4: Research skills

Graduates of the Bachelor of Laws will demonstrate the intellectual and practical skills needed to identify, research, evaluate and synthesise relevant factual,legal and policy issues.

 

 

Content

   

Activities and Assessment

 

Extra Resources Online

 
 

PART 4: LEGAL RESEARCH

Chapter 14 — Legal Research
– How to Start

Introduction 14.1

Goals and constraints 14.3

Strategic approach to legal research 14.4

− Analyse the facts 14.5

• S — Situation and Subject matter 14.6

• H — Harm 14.7

• A — Actors involved 14.8

• R — Remedy or Relief 14.9

• P — Policy considerations 14.10

− Identify the legal issues and research questions 14.12

− Research the legal issues
thoroughly 14.13

− Evaluate the results 14.14

− When should research stop? 14.15

Finding sources of legal information 14.16

− Libraries and online resources 14.17

− Community resources 14.18

Legal research exercises 14.19

Chapter 15 — Searching
Secondary Sources

Introduction 15.1

Legal research strategies 15.2

Online legal research 15.3

− How to undertake online legal
research 15.4

Boolean Searching 15.5

− Textbooks, casebooks and looseleaf services 15.6

• Textbook and casebooks 15.7

• Looseleaf services 15.8

− Legal encyclopaedias and other general legal works 15.9

− Halsbury’s Laws of Australia 15.10

− Example using Halsbury’s Laws of Australia Online 15.11

− Checking Information is Current 15.12

− The Laws of Australia 15.13

• Example using the Law of Australia Online 15.14

• Halsbury’s Laws of England 15.15

Periodical articles 15.16

− Australian online databases that contain references to legal articles 15.17

− Other online databases containing Australian secondary material 15.18

− Other general indexes 15.19

Chapter 16 — Searching for Case Law

Introduction 16.1

Legal research strategies 16.2

− Finding case law on a particular
subject 16.3

− Finding the subsequent history of
a case 16.4

− Finding case notes 16.5

− Finding case references 16.6

− Finding the meanings of words and phrases 16.7

Strategies for using online sources of primary case material 16.8

Finding case law on a particular subject: principal searching aids 16.9

− Major online sources 16.9

• CaseBase 16.9

• FirstPoint 16.10

• AustLII (F) 16.11

• CCH Intelliconnect 16.12

• Court and tribunal homepages (F) 16.13

− Online sources: International
case law 16.14

• WorldLII (F) 16.14

− Site for international courts 16.15

− LexisNexis 16.16

• Westlaw 16.17

− Print sources: international
case law 16.18

• The Digest 16.18

− How to using FirstPoint 16.19

Finding case law on a particular subject — other searching aids 16.23

− High Court decisions 16.24

− Indexes to series of law reports 16.25

Finding the subsequent history of
a case 16.26

Finding case notes 16.27

Finding case references 16.28

Finding the meaning of words
and phrases 16.29

Chapter 17 — Searching for Legislation

Introduction 17.1

− Finding legislation 17.2

− Legal research strategies:
Legislation 17.4

Principal online searching aids for all jurisdictions 17.5

• Establishing whether a statutes or delegated legislation has been considered in a case 17.6

Commonwealth 17.7

− Dedicated online sources 17.7

− Composite sources: online and print 17.8

• Finding statutes and delegated legislation on a particular subject 17.8

• Reprints 17.9

• Commencement dates, amendments and repeals 17.10

• Establishing whether a statute or delegated legislation has been considered in a case 17.11

New South Wales 17.12

− Dedicated online sources 17.12

− Composite sources: online
and print 17.13

• Finding statutes and delegated legislation on a particular subject 17.13

• Reprints 17.14

• Commencement dates, amendments and repeals 17.15

• Establishing whether a statute or delegated legislation has been considered in a case 17.16

Queensland 17.17

− Dedicated online sources 17.17

− Composite sources: online
and print 17.18

• Finding statutes and delegated legislation on a particular subject 17.18

• Reprints 17.19

• Commencement dates, amendments and repeals 17.20

• Establishing whether a statute or delegated legislation has been considered in a case 17.21

South Australia 17.22

− Dedicated online sources 17.22

− Composite sources: online
and print 17.23

• Finding statutes and delegated legislation on a particular subject 17.23

• Reprints 17.24

• Commencement dates, amendments and repeals 17.25

• Establishing whether a statute or delegated legislation has been considered in a case 17.26

Tasmania 17.27

− Dedicated online sources 17.27

− Composite sources: online
and print 17.28

• Finding statutes and delegated legislation on a particular subject 17.28

• Reprints 17.29

• Commencement dates, amendments and repeals 17.30

• Establishing whether a statute or delegated legislation has been considered in a case 17.31

Victoria 17.32

− Dedicated online sources 17.32

− Composite sources: online
and print 17.33

• Finding statutes and delegated legislation on a particular subject 17.33

• Reprints 17.34

• Commencement dates, amendments and repeals 17.35

• Establishing whether a statute or delegated legislation has been considered in a case 17.36

Western Australia 17.37

− Dedicated online sources 17.37

− Composite sources: online
and print 17.38

• Finding statutes and delegated legislation on a particular subject 17.38

• Reprints 17.39

• Commencement dates, amendments and repeals 17.40

• Establishing whether a statute or delegated legislation has been considered in a case 17.41

Australian Capital Territory 17.42

− Dedicated online sources 17.42

− Composite sources: online
and print 17.43

• Finding statutes and delegated legislation on a particular subject 17.43

• Reprints 17.44

• Commencement dates, amendments and repeals 17.45

• Establishing whether a statute or delegated legislation has been considered in a case 17.46

Northern Territory 17.47

− Dedicated online sources 17.47

− Composite sources: online
and print 17.48

• Finding statutes and delegated legislation on a particular subject 17.48

• Reprints 17.49

• Commencement dates, amendments and repeals 17.50

• Establishing whether a statute or delegated legislation has been considered in a case 17.51

Finding the latest information 17.52

− Dedicated online sources 17.53

Finding Bills 17.54

− Dedicated online sources 17.54

− Composite sources: print 17.55

Series of law reports 17.58

Searching for imperial statutes
in force 17.59

− New South Wales 17.60

− Queensland 17.61

− South Australia 17.62

− Tasmania 17.63

− Victoria 17.64

− Western Australia 17.65

− Australian Capital Territory 17.66

− Northern Territory 17.67

   

EXERCISE 16 — 14.20. Strategy for legal research. Four legal problems. A sample problem with a carefully structured approach to research is provided as a scaffold for students.

EXERCISE 17 — 15.20. Searching secondary sources. Using Halsbury’s Laws of Australia. (There is a tutorial online for students too.)

EXERCISE 18 — 16.20. Using FirstPoint

EXERCISE 19 — 16.22. Using CaseBase (There is a tutorial online for students too.)

EXERCISE 20 — 16.30. Legal research exercise: finding case law. Identify a legal principle and use research to reach a solution to the legal questions.

EXERCISE 21 — 17.3. Finding statutes. Class activity with work for up to 10 groups.

EXERCISE 22 — 17.56. Finding and updating statutes using the most commonly available online tools. Activity to familiarise students with ComLaw.

EXERCISE 23 — 17.57. Finding and updating statutes. Alternative search option practise.

FROM THE ESSENTIAL LEGAL TOOLKIT

B. Abbreviations of Commonly Used
Law Reports

C. Guide to Law Reports

D. Common Legal Abbreviations

 

Lecturer Time Savers:

1. Test bank of Multiple Choice Questions for each chapter with an answer grid for lecturers. Provided in pdf but can be supplied in word format if necessary. Updated for the 8th edition and with additional questions.

2. Tutorial activities including:

a. 2 x group work activities;

b. 10 x short questions and answers that may be discussed in class or used in assessment; and

c. 4 x problems to develop online research activities

d. All activities and questions are provided with suggested answers.

3.Powerpoint presentations for each chapter

4. Four short videos by legal experts that may be used to engage classes. Conversations with Legal Counsel, Small Law, Large Law and Barrister

Students’ Study Help (available free on Campus Study Help website)

• Online web quiz

• Citation web quiz aligned with AGLC 3rd edition

• Online glossary

• Flashcards (to practise legal terms)

• Online tutorials for CaseBase, Halsbury’s Laws of Australia and LawNow

• Useful legal websites

• Quick case links into LNAU (where library subscriptions allow)

 

 

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TLO 5: Communication and collaboration

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TLO 5: Communication and collaboration

Graduates of the Bachelor of Laws will be able to:

a. Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences, and
b. Collaborate effectively.

 

 

Content

   

Activities and Assessment

 

Extra Resources Online

 
 

PART 5: LEGAL WRITING, STUDY & EXAM SKILLS

Chapter 18 — Legal Writing

Introduction 18.1

The aim of legal writing 18.2

Legal style 18.3

− Different types of legal writing 18.4

− Simplicity 18.5

− Precision 18.6

− Formality 18.7

− Active voice 18.8

− Legal terminology and jargon 18.9

− The Plain English movement 18.10

− Avoidance of discriminatory
language 18.11

− Use of supporting authority and originality 18.12

Legal writing conventions 18.13

− Footnotes, endnotes, tables and bibliographies 18.13

− Quotations 18.14

− Italics 18.15

− Emphasis 18.16

− Foreign words and phrases 18.17

− Capitals 18.18

− Punctuation 18.19

− Possessive apostrophes 18.20

− Numbers and symbols 18.21

Writing in the rhetorical style 18.22

Examples of legal writing 18.23

− An academic’s piece 18.24

− An answer to a tort problem
for students 18.25

− Writing a law essay 18.26

Presentation of student material 18.27

Law and literature 18.28

Further reading

Chapter 19 — Citation

Introduction 19.1

Conventions in legal citation 19.2

Citing cases 19.3

− Case name 19.4

− Medium neutral citation system 19.5

− Description of parties 19.6

− Criminal cases and prerogative writ proceedings 19.7

− Relator and ex parte proceedings 19.8

− Re proceedings 19.9

− Maritime cases 19.10

− Cases in which the identity of the parties is kept in confidence 19.11

− Sub nom 19.12

− Year and volume number of report series 19.13

− Title of report series 19.14

− Page and paragraph references 19.15

− Court or tribunal in which the case was decided 19.16

− Alternative citations and authorised reports 19.17

− Unreported decisions 19.18

− Old English cases 19.19

− Popular case names 19.20

− Case histories 19.21

Citing statutes 19.22

− Numbering of statutes 19.23

− Short titles or names 19.24

− Enacting jurisdiction 19.25

− Section references 19.26

− Citing British and Imperial statutes 19.27

− Citation by regnal year 19.28

− Citing early statutes, or statutes with no short title 19.29

− Ordinances 19.30

− Bills and Explanatory
Memoranda/Notes 19.31

Regulations and other delegated legislation 19.32

− Constitutions

Books 19.34

− Monographs, textbooks, etc 19.34

− Essays 19.35

− Multi-volumed works 19.36

− Legal encyclopaedias and looseleaf services 19.37

Legal periodicals 19.38

Newspapers, magazines and non-legal periodicals 19.39

Citation of material from the internet 19.40

Citation of British, Commonwealth and American material 19.41

Citation of parliamentary and government material 19.42

− Parliamentary debates 19.42

− Government reports 19.43

Repeated citations 19.44

   

FROM THE ESSENTIAL LEGAL TOOLKIT

E. Commonly Misspelt Words

 

Lecturer Time Savers:

1. Test bank of Multiple Choice Questions for each chapter with an answer grid for lecturers. Provided in pdf but can be supplied in word format if necessary. Updated for the 8th edition and with additional questions.

2. Tutorial activities including:

a. 2 x group work activities;

b. 10 x short questions and answers that may be discussed in class or used in assessment; and

c. 4 x problems to develop online research activities

d. All activities and questions are provided with suggested answers.

3. Powerpoint presentations for each chapter

4. Four short videos by legal experts that may be used to engage classes. Conversations with Legal Counsel, Small Law, Large Law and Barrister

Students’ Study Help (available free on Campus Study Help website)

• Online web quiz

• Citation web quiz aligned with AGLC 3rd edition

• Online glossary

• Flashcards (to practise legal terms)

• Online tutorials for CaseBase, Halsbury’s Laws of Australia and LawNow

• Useful legal websites

• Quick case links into LNAU (where library subscriptions allow)

 

 

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TLO 6: Self-management

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TLO 6: Self-management

Graduates of the Bachelor of Laws will be able to:

a. Learn and work independently, and
c. Reflect on and assess their own capabilities and performance, and make use of feedback as appropriate to support personal and professional development,

 

 

Content

   

Activities and Assessment

 

Extra Resources Online

 
 

Chapter 20 — Study and Exam Skills

Study skills 20.1

− What are study skills? 20.2

− Specific study skills 20.3

• Organisation 20.3

• Reading 20.4

• Lecture and other notes 20.5

• Summaries 20.6

• Using notes and summaries 20.7

• Study methods 20.8

• Reading cases 20.9

• Learning and remembering 20.10

• Lectures, seminars and tutorials 20.11

• How best to study 20.12

− Seminars and tutorials 20.13

− Online study 20.14

− Email etiquette 20.15

Exam skills 20.16

− Preparing course outlines 20.16

− Open and closed book exams 20.17

− Preparation 20.18

• Study groups 20.19

− In the examination 20.20

• Outline answers 20.20

• Managing time 20.21

• Structuring the answer 20.22

• Headings 20.23

• Layout 20.24

• Abbreviations 20.25

− Exam procedures 20.26

• Exam times and places 20.27

• Sickness 20.28

• In the exam 20.29

EXERCISE 19 — Self-profiling 20.30

 

    EXERCISE 24 — 20.30. Self-profiling. Personal activity for students. Could be used in class activity at semester start.  

Lecturer Time Savers:

1. Test bank of Multiple Choice Questions for each chapter with an answer grid for lecturers. Provided in pdf but can be supplied in word format if necessary. Updated for the 8th edition and with additional questions.

2. Tutorial activities including:

a. 2 x group work activities;

b. 10 x short questions and answers that may be discussed in class or used in assessment; and

c. 4 x problems to develop online research activities

d. All activities and questions are provided with suggested answers.

3. Powerpoint presentations for each chapter

4. Four short videos by legal experts that may be used to engage classes. Conversations with Legal Counsel, Small Law, Large Law and Barrister

Students’ Study Help (available free on Campus Study Help website)

• Online web quiz

• Citation web quiz aligned with AGLC 3rd edition

• Online glossary

• Flashcards (to practise legal terms)

• Online tutorials for CaseBase, Halsbury’s Laws of Australia and LawNow

• Useful legal websites

• Quick case links into LNAU (where library subscriptions allow)

 

 

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