This course must be taken in the commencing semester of a student's LLB program. Students commencing their legal studies in Semester One are expected to undertake Foundations of Australian Law with LAWS1203 Torts. Students commencing their legal studies in Semester Two are expected to undertake Foundations of Australian Law with LAWS1204 Contracts. This is because the content in the relevant companion course is utilised in various ways in Foundations of Australian Law.

Foundations of Australian Law is designed to lay the groundwork for the remainder of students' legal studies. In particular, the course aims to assist students to develop a range of legal skills that are crucial for successful legal studies and for professional practice. Students learn the essential skills that enable them to engage with and use our principal sources of law - case law and legislation. In addition to teaching students how to analyse case law and legislation and to formulate legal arguments, the course also covers the key legal principles of statutory interpretation and the role of the courts in interpreting statutes.

To set the context for these sources of Australian law, the course also seeks to familiarise students with:

1. some of the fundamental features of the legal institutions that generate laws (the courts and the Parliament);
2. sources of Australian law in addition to case law and legislation (including the Australian Constitution, customary law and international law); and
3. the historical and social forces that have shaped and continue to shape the law-making process and the legal system.

This course meets the requirements of the Law Admissions Consultative Committee Statement on Statutory Interpretation.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Investigate and analyse the sources of law and the legal system in Australia.
2. Examine the historical and social context of the institutions of the Australian legal system, incorporating a range of perspectives which recognise and value diverse culture and traditions.
3. Formulate oral and written arguments in response to questions about the Australian legal system and the process of law-making.
4. Select and implement methods of legal reasoning and statutory interpretation to generate legally defensible conclusions with respect to legal problems.
5. Engage in legal research, legal writing and citation conventions, utilising a variety of legal research sources, including legal databases, in order to reflect critically on case law, legislation and scholarly journal articles.
6. Utilise feedback to critically reflect on their own developing legal skills and understanding.

Research-Led Teaching

Required Resources

Prescribed Text:

• Creyke, Robin et al, Laying Down the Law (LexisNexis, 11th ed, 2020)

Required Legislation:

• Acts Interpretation Act 1901 (Cth)

Recommended Resources

Students are strongly encouraged to: obtain a legal dictionary. One such dictionary is the: Concise Australian Legal Dictionary (Lexis Nexis Butterworths); purchase a copy of the Australian Guide to Legal Citation (4th ed) (please note that a free online version of this legal citation guide is available); and to purchase Perry Herzfeld and Thomas Prince, Statutory Interpretation Principles (Thomson Reuters, 2nd ed, 2021).

Staff Feedback

Students will be given feedback in the following forms in this course:

• feedback on individual work; and/or
• feedback to the whole class.

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Word length and excess word penalties: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Further information about the course: is available from the course Wattle page. Students are required to access the Wattle site regularly throughout the course for any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction to case law and self-paced module
2	Case law and legal reasoning and self-paced module
3	Case law and legal reasoning and self-paced module
4	Case law and legal reasoning and self-paced module
5	Case law and legal reasoning and self-paced moduleResearch Skills Tutorial - Case Law
6	Case law and legal reasoning and self-paced module
7	Introduction to legislation and statutory interpretation and self-paced moduleResearch Skills Tutorial - Legislation
8	Interpretation in context
9	Statutory interpretation
10	Statutory Interpretation
11	Statutory Interpretation
12	Final Exam Preparation

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Online Quiz 1	10 %	22/08/2023	30/08/2023	1,2
Take-home Assignment	30 %	18/09/2023	16/10/2023	3,4,6
Online Quiz 2	10 %	27/09/2023	05/10/2023	1,2
Final Statutory Interpretation Exam	50 %	*	*	3,4,6
Seminar Attendance and Participation	0 %	*	*	1,2,3,4,5,6

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Guideline and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

Examination(s)

Examinations are held during the University's examination period. Students should consult the exam timetable when it has been finalised.

Assessment Task 1

Online Quiz 1

Details of Task: The online quiz will test students' learning from Part 1 of the 'self-paced' online learning modules, as well as the prescribed readings and seminar discussions from weeks 1-4 of the Course. The Quiz will take the form of an online, multiple-choice assessment.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 10%

Release: 12pm, 21 August 2023. Students will have a 24-hour window in which they can take the Quiz.

Duration: 60 minutes. Once you have commenced your attempt, you will have 60 minutes to complete it. The quiz will finish after 60 minutes and any open attempts will close and be submitted automatically. Please allow sufficient time to complete your attempt.

Navigation in Quiz: PLEASE NOTE that you cannot navigate backwards in the Quiz. You must answer each question as you come to it. If you skip a question, you will receive a mark of zero for that question. 

Due Date: 12pm, 22 August 2023. Due to the nature of the task, late submission is not permitted.

If you experience extenuating circumstances and cannot attempt the assessment on the due date and time, you should apply for an extension here. The College will give you one final opportunity to complete the assessment, at the same time one week later. If you have already accessed the assessment, you will not be approved an extension and will need to complete the task by the due date.

Estimated Return Date: 30 August 2023

Assessment Criteria: Students will be assessed on the following criteria:

• Comprehension of course materials;
• Comprehension of questions asked;
• Accuracy of response to the questions asked;
• Conclusions.

Assessment Task 2

Take-home Assignment

Details of Task: HIRAC style problem question, based on a single case and a fictitious fact scenario.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 30%

Release: 12pm, 30 August 2023

Word Limit: 1,500 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirements: Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, 18 September 2023. Late submissions (without an extension) are permitted, but late penalties will apply. Any submissions beyond the estimated return date of this task will not be accepted.

Estimated Return Date: 16 October 2023

Assessment Criteria: Students will be assessed on their ability to use the skills and methodologies of HIRAC-based legal reasoning taught in Foundations of Australian Law –

• Headings; clear and appropriate structure;
• Identification of legal issues;
• Identification of relevant law as directed by task instructions;
• Application of relevant law to the legal issues;
• Conclusions; 
• Quality of written expression; and 
• Commitment to academic integrity.

Assessment Task 3

Online Quiz 2

Details of Task: The online quiz will test students' learning from Part 2 of the 'self-paced' online learning modules, as well as the prescribed readings and seminar discussions from weeks 1-6 of the Course. The Quiz will take the form of an online, multiple-choice assessment.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 10%.

Release: 12pm, 26 September 2023. Students will have a 24-hour window in which they can take the Quiz.

Duration: 60 minutes. Once you have commenced your attempt, you will have 60 minutes to complete it. The quiz will finish after 60 minutes and any open attempts will close and be submitted automatically. Please allow sufficient time to complete your attempt.

Navigation in Quiz: PLEASE NOTE that you cannot navigate backwards in the Quiz. You must answer each question as you come to it. If you skip a question, you will receive a mark of zero for that question. 

Due Date: 12pm, 27 September 2023. Due to the nature of the task, late submission is not permitted.

If you experience extenuating circumstances and cannot attempt the assessment on the due date and time, you should apply for an extension here. The College will give you one final opportunity to complete the assessment, at the same time one week later. If you have already accessed the assessment, you will not be approved an extension and will need to complete the task by the due date.

Estimated Return Date: 5 October 2023

Assessment Criteria: Students will be assessed on the following criteria:

• Comprehension of course materials;
• Comprehension of questions asked;
• Accuracy of response to the questions asked;
• Conclusions.

Assessment Task 4

Final Statutory Interpretation Exam

Details of Task: Open book, HIRAC style problem question focusing on statutory interpretation.  

Nature of Task: Compulsory and non-redeemable. Failure to sit the exam will result in a mark of zero for this task. Students must obtain 45% or better on the final examination in order to pass the course. Students who do not obtain 45% on the final examination but whose overall mark for the course is at least 45% will be granted a supplementary exam. If such a student passes the supplementary exam, their final mark for the course will be 50 PS. If such a student fails the supplementary exam, that student's final mark for the course will be the mark obtained in the final examination.

Weighting: 50%

Exam Time, Date and Duration: The exam will take place during the end-of-semester exam period. Students should consult the ANU Examination Timetable closer to the examination period to confirm the final time, date and duration of the examination. Because this is a formal examination, late submissions will not be accepted. 

If you experience extenuating circumstances and are unable to sit the examination at its scheduled time and date, you should submit an Extenuating Circumstances Application (ECA), via ISIS, within five working days of the original date of the examination. Your application will be processed by the Examinations Office. If it is approved, they will notify you, via email, of the details of your deferred examination which will be held during the first week of the following semester.

Estimated Return Date: Official end-of-semester results release date. 

Assessment Criteria: Students will be assessed on the following criteria:

• Headings; clear and appropriate structure;
• Identification of legal issues;
• Identification of relevant law as directed by task instructions;
• Application of relevant law to the legal issues;
• Conclusions; 
• Quality of written expression; and 
• Commitment to academic integrity.

Assessment Task 5

Seminar Attendance and Participation

Details of Task: Engaged participation in seminars is expected and will assist in the development of foundational legal skills (analysis, communication, focus, etc). Students are to prepare for the seminars by doing the allocated readings and listening to any pre-recorded lecture materials. The allocated readings will be made available via Wattle each week. There is a minimum attendance requirement for the seminars. A roll will be taken at the beginning of each class. Students are responsible to ensure that their attendance is recorded.

Nature of task: Compulsory. Failure to complete these requirements may result in a loss of up to 5% of the marks overall for the course.

Weighting: Failure to attend (a) 10 out of 12 seminars; AND (b) the two research skills tutorials without documented special circumstances will result in 5% being deducted from students overall mark for the course.

Due Date: Ongoing. From 2023, any absence from class, excluding the two allowable unexplained absences, will require you to outline the circumstances that prevent your attendance and the appropriate documentation.

Exceptional circumstances that may warrant approval may include, but are not limited to:

• medical reasons (student injury, illness or medical condition, including COVID illness or isolation);
• family/personal reasons (family injury or illness, bereavement);
• cultural or religious commitments; where a cultural or religious event conflicts with the scheduled seminar.

Please note that approval will not be given for work related reasons.

From your ANU email address, you must email your course convenor, indicating

1. your full name and student ID;
2. the date you will be absent (or were absent) from the seminar;
3. the exceptional circumstances you have experienced that have necessitated your absence; and
4. relevant documentation that supports your claims.

Further details will be provided on the course wattle site.

*All medical and other personal documentation will be safely destroyed on the server once the assessment has been made.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
• Late submission is not accepted for tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.  

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Access and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students