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 utilise our principal sources of law - case law and legislation. In addition to teaching students how to analyse case law and legislation in order 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.

Learning Outcomes

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

1. discuss and explain the sources of law in Australia;
2. discuss the historical and social context of the institutions of the Australian legal system;
3. discuss the process of law-making;
4. formulate oral and written arguments in response to questions about the Australian legal system and the process of law-making;
5. identify and discuss legal principles obtained from reading and analysing selected case law;
6. utilise methods of legal reasoning to apply relevant legal principles to a set of facts and generate legally defensible conclusions for the purpose of advising on legal problems;
7. identify, discuss and apply the principles of statutory interpretation;
8. engage in legal research utilising a variety of legal research sources, including legal databases, in order to research case law, legislation and scholarly journal articles;
9. use legal citation conventions appropriately in the course of legal writing;
10. reflect critically on case law, legislation and the Australian legal system; and
11. utilise feedback to critically reflect on their own developing legal skills and understanding.

Required Resources

Robin Creyke et al, Laying Down the Law (LexisNexis Butterworths, 10th ed, 2017)(LDL) Please note: you will need the 10th edition published in 2017. It is recommended that you purchase your own copy of LDL as it will be referred to closely throughout the course. However, there is an online copy available through the ANU Law Library with multiple user arrangements. See the Wattle site for further details.

Australian Guide to Legal Citation (Melbourne University Law Review Association, 4th ed, 2018).

This is the latest edition of the Guide. You can view it online at http://mulr.law.unimelb.edu.au/go/aglc. You cannot print the guide from this website as it provides a read-only version.

The Australian Constitution. You can download the Constitution free of charge from the ComLaw website: http://www.comlaw.gov.au. This link is also available to you on Wattle.

Acts Interpretation Act 1901 (Cth). You can download this Act free of charge from the ComLaw website: http://www.comlaw.gov.au. This link is also available to you on Wattle. Although you can purchases copies from the ANU Co-op Bookshop we recommend that you rely on the current version available on the ComLaw site as it will include any and all recent amendments.

Recommended Resources

Concise Australian Legal Dictionary (LexisNexis Butterworths, 5th ed, 2015). You will find a legal dictionary useful for the duration of your law degree. Many students prefer online dictionaries. Other useful materials and preliminary reading will be provided on the Wattle site.

Staff Feedback

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

• written comments on individual work
• 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). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Sources of Law, the Establishment of the Common Law System and Equity; An Introduction to Legislation.
2	Australia’s Constitutional Heritage and the Evolution of Australian Legal Independence.
3	Indigenous Australians and the Australian Legal System.
4	Introduction to Case Law; Reading and Analysing Cases, Legal Reasoning.
5	Precedent in Practice and Judicial Reasoning.	Weekend: includes assessment task on sessions 1-5
6	Key Approaches to Statutory Interpretation. Interpretation in Context I.
7	Interpretation in Context II.
8	Presumptions of Interpretation; Using Extrinsic Materials to Aid Interpretation.
9	Statutory Interpretation Problem Solving I.
10	Statutory Interpretation Problem Solving II.	Weekend: includes assessment of sessions 6-10

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Short answer questions	30 %	17/06/2019	27/07/2019	1,2,3,4,9,10,11
Legal Reasoning task	20 %	17/06/2019	27/07/2019	5,6,9,10,11
Statutory Interpretation task	50 %	25/06/2019	06/08/2019	6,7,8,9,11

* 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 Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

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 ANU Online website. Students may choose not to submit assessment items through Turnitin. In this instance you will be required to submit, alongside the assessment item itself, hard copies of all references included in the assessment item.

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 this Completion Course we have created detailed Wattle materials to facilitate a schedule of self-paced and independent online study. This is intended as preparation for daily access to the Course Convenor via a one hour Q&A session online. The Q&A sessions will not be recorded. They are an opportunity to paticipate and ask questions. Participation in online meeting sessions is not compulsory.

Assessment Task 1

Short answer questions

Brief Description: The material relating to legal institutions and law-making is intended to provide context and foundational knowledge from which students can develop a deeper understanding of the features, function, and even sometimes the peculiarity, of Australian Legal Institutions. This task will test your understanding of the history and development of important features of Australian law-making institutions (the courts and the parliament) as covered in sessions 1-3 inclusive. You will be asked to write a series of short responses to a total of no more than 1, 100 words. There will be some structured choice of questions designed to ensure that students engage with all the relevant topics.

Nature of task: Whether or not the task is compulsory will depend on the unit level of the course. For a 4 unit course, this task is compulsory and non-redeemable. Failure to submit the task will result in 0 for this assessment task. For the 2 unit course, this task is not required. For more information, please see the course wattle guide.

Weighting: 30% (or 0% depending on the unit level of course)

Word limit: 1,100 words

Release: Friday 14 June, 8pm (AEST) via Course Wattle site

Due: Monday 17 June, 12 noon (AEST) via Turnitin. Late submissions (without an extension) are permitted, although late penalties will apply.

Feedback: 4- 6 weeks

Criteria: The task will be graded by reference to how well the student is able to identify, discuss and reflect critically on sources of law and key features of the Australian legal system taking into account the historical and social context.

Assessment Task 2

Legal Reasoning task

Brief Description: The legal reasoning assignment is primarily designed to assist students in developing essential skills in legal reading, writing, reasoning, and analysis.  It is intended to help students develop basic legal problem solving and writing skills that will be relevant to the statutory interpretation component of the final assessment in FAL and, more generally, to legal problem solving tasks and assessment throughout their studies at Law School. This assessment task will also provide you with feedback on your ability to synthesise your understanding of core legal concepts and principles and to communicate them through the process of legal reasoning and argument. This task will be a test of your ability to use the legal reasoning skills taught and practised in seminars on sessions 4 – 5 of this course. You do not need to memorise any case law or legislation for this task. Rather, your preparation for the task will be based on understanding and practising your legal reasoning skills.

You will be asked to provide a written answer to a legal problem question by using and applying the law set out in a case extract (or extracts) which will be included with the assignment problem and instructions. Detailed instructions will be provided with the assignment when it is issued.  

The assignment will contain:

• A ‘fact’ scenario.
• A brief question (for example, asking you to advise one or more parties on some aspect(s) of their legal rights or obligations based on the case extract or extracts).
• A case extract or extracts.
• Any additional instructions and information that are required to complete the task.

Using ONLY these issued materials, and specifically no other case law or legislation, you will be required to apply the rule(s) to a legal problem using the HIRAC methodology and other skills on legal reasoning and legal argument taught in Foundations of Australian Law.

Nature of task: Whether or not the task is compulsory will depend on the unit level of the course. For a 4 unit course, this task is compulsory and non-redeemable. Failure to submit the task will result in 0 for this assessment task. For the 2 unit course, this task is not required. For more information, please see the course wattle guide.

Weighting: 20% (or 0% depending on the unit level of course)

Word limit: 750 words

Release: Friday 14 June, 8pm (AEST) via course wattle site.

Due: Monday 17 June, 12 noon (AEST) via Turnitin. Late submissions are permitted, although late penalties will apply.

Feedback: 4- 6 weeks

Criteria: The task will be graded by reference to how well the student is able to:

• identify and discuss legal principles obtained from reading and analysing selected case law;
• utilise methods of legal reasoning to apply relevant legal principles to a set of facts and generate legally defensible conclusions for the purpose of advising on legal problems;
• use legal citation conventions appropriately in the course of legal writing; and
• present the advice (by utilising an appropriate structure, writing with clarity and precision, and adopting an appropriate style, and form of expression).

Assessment Task 3

Statutory Interpretation task

Brief description: The statutory interpretation assignment is primarily designed to assist students in developing essential skills in interpretation, reasoning, and analysis.  It is intended to help students consolidate their legal problem solving and writing skills during the course and, more generally, to prepare for legal reasoning and other assessment throughout their studies at Law School.  This assessment task will also provide you with feedback on your ability to synthesise your understanding of core legal concepts and principles and to communicate them through the process of legal reasoning and argument.This task will be a test of your ability to apply the rules of statutory interpretation and use the legal reasoning skills taught and practised in seminars on sessions 6 -10 of this course. You will be asked to provide a written answer to a legal problem question by using and applying the rules of statutory interpretation. Detailed instructions will be provided with the assignment when it is issued. 

The assignment will contain:

• A ‘fact’ scenario including an extract of legislation.
• A brief question (for example, asking you to advise one or more parties on some aspect(s) of their legal rights or obligations based on the case extract or extracts).
• Any additional instructions and information that are required to complete the task.

Nature of task: The is compulsory and non-redeemable for all students. Failure to submit the task will result in 0 for this assessment task.

Weighting: 50% (or 100% depending on the unit level of the course)

Release: Friday 21 June, 8pm (AEST) via course wattle site.

Due: Tuesday 25 June, 12 noon (AEST) via Turnitin.

Feedback: 4-6 weeks

Word limit: 1, 850 words

Criteria: The assignment will be graded by reference to how well the student is able to: 

• identify and discuss legal principles relating to statutory interpretation;
• utilise methods of legal reasoning to apply relevant principles to a set of facts and generate legally defensible conclusions for the purpose of advising on legal problems;
• use legal citation conventions appropriately in the course of legal writing; and
• present the advice (by utilising an appropriate structure, writing with clarity and precision, and adopting an appropriate style, and form of expression).

Academic Integrity

Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.

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

No submission of assessment tasks without an extension after the due date will be permitted. If an assessment task is not submitted by the due date, a mark of 0 will be awarded.

OR

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 take-home examinations.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions 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 Diversity 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