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Fundamentals of the Common Law (LAWS70217)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
February
Lecturers
Intensive classes
Semester 1
Ms Raelene Harrison*, 21 - 27 February
*Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
March
Lecturers
Intensive classes
Semester 1
Mr Simon McKenzie*, 14 - 20 March
*Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Semester 1
Lecturers
Semester length classes
Semester 1
Ms Judy Bourke*, Monday classes
Ms Raelene Harrison*, Wednesday classes
Ms Erica Grundell*, Thursday classes
*Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
July
Lecturers
Intensive classes
Semester 2
Ms Raelene Harrison*, 18 - 24 July
*Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Semester 2
Lecturers
Semester length classes
Semester 2
Ms Judy Bourke*, Monday class
Ms Raelene Harrison*, Wednesday class
Ms Erica Grundell*, Thursday class
*Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | February March Semester 1 July Semester 2 |
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Fees | Look up fees |
Fundamentals of the Common Law is a foundational subject in the Melbourne Law Masters (MLM), which is compulsory for graduates in disciplines other than law and for law graduates from countries with a non-common law system. It provides students with an opportunity to acquire the foundational legal skills necessary for studying and working in a common law system, such as that in Australia.
The common law forms one of the two principal systems of Western law that, through colonisation, have spread throughout the world. Common law systems have a distinctive approach to understanding the sources of law, the role of law-making institutions, and processes for resolving disputes. These characteristics of the common law system have had a profound effect on the development not only of the societies in the countries in which it applied, but also on international law and practice.
The aim of this subject is to acquire basic foundational legal skills that will assist you with other subjects in the MLM program. The subject teaches students how to read, use and interpret reported cases and legislation. The subject explains the sources of law, what influences them, and how they influence the development of the common law. These aims are given in context of some contemporary debates on common law reasoning by assessing the role of the High Court of Australia. The subject focuses on developing skills in analysis and legal writing, the tools of the common lawyer
Principal topics include:
- How to read and analyse a case
- The concept and use of precedent
- Evolution of a common law principle
- Common law issues: judicial activism, separation of powers
- The role of the High Court and an overview of the Constitution
- The relationship between the Constitution, case law and statute law
- Influences of other sources of law on the common law
- How to read and analyse statutes
- Approaches to statutory interpretation
- Legal writing skills and expectations in the MLM program.
Intended learning outcomes
A student who has successfully completed this subject will be able to:
- Read a case and identify the relevant facts, the precedential value of the decision, the legal concepts at issue and the legal principle determined in that case
- Explain the sources of law and law-making power in Australia, including the relationship between the Constitution, case law and statute law
- Identify and assess the influence of other sources of law on the common law and on the evolution of common law principles
- Describe different approaches to statutory interpretation and apply these to read and analyse statutes
- Explain the difference between a primary source and a secondary source of law and evaluate the quality of that source for use in legal writing
- Construct a written legal argument in response to a topic, utilising appropriate primary and secondary sources as support for arguments advanced, with appropriate referencing using the Australian Guide to Legal Citation (AGLC).
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Students who are required to undertake this subject are advised to do so as early as possible in their course.
Corequisites
None
Non-allowed subjects
Students who have a degree in law from, or are admitted to practise in, a common law jurisdiction are not permitted to enrol in this subject except with the permission of the Associate Dean, Melbourne Law Masters.
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
Intensive classes
- Interim assessment (20%) (due one week after the final day of teaching)
- Case analysis (10%)
- Review of secondary source (10%)
- Research paper (80%) (due 8 weeks after the final day of teaching)
- Case analysis
- Research paper
Semester-length classes
- Case analysis (10%) (due end of Week 4)
- Review of secondary source (10%) (due end of Week 8)
- Research paper (80%) (due 2 weeks after the end of the semester)
- Case analysis
- Research paper
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- February
Principal coordinator Raelene Harrison Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 24 January 2018 Pre teaching requirements The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 21 February 2018 to 27 February 2018 Last self-enrol date 12 January 2018 Census date 21 February 2018 Last date to withdraw without fail 23 March 2018 Assessment period ends 24 April 2018 February contact information
Lecturers
Intensive classes
Semester 1
Ms Raelene Harrison*, 21 - 27 February*Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au - March
Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 14 February 2018 Pre teaching requirements The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 14 March 2018 to 20 March 2018 Last self-enrol date 31 January 2018 Census date 14 March 2018 Last date to withdraw without fail 6 April 2018 Assessment period ends 8 May 2018 March contact information
Lecturers
Intensive classes
Semester 1
Mr Simon McKenzie*, 14 - 20 March*Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au - Semester 1
Principal coordinator Judy Bourke Mode of delivery On Campus (Parkville) Contact hours 24-26 hours Total time commitment 150 hours Pre teaching requirements The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 26 February 2018 to 27 May 2018 Last self-enrol date 8 December 2017 Census date 31 March 2018 Last date to withdraw without fail 4 May 2018 Assessment period ends 22 June 2018 Semester 1 contact information
Lecturers
Semester length classes
Semester 1
Ms Judy Bourke*, Monday classes
Ms Raelene Harrison*, Wednesday classes
Ms Erica Grundell*, Thursday classes*Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au - July
Principal coordinator Raelene Harrison Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 20 June 2018 Pre teaching requirements The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 18 July 2018 to 24 July 2018 Last self-enrol date 31 May 2018 Census date 18 July 2018 Last date to withdraw without fail 17 August 2018 Assessment period ends 18 September 2018 July contact information
Lecturers
Intensive classes
Semester 2
Ms Raelene Harrison*, 18 - 24 July
*Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au - Semester 2
Principal coordinator Erica Grundell Mode of delivery On Campus (Parkville) Contact hours 24-26 hours Total time commitment 150 hours Teaching period 23 July 2018 to 21 October 2018 Last self-enrol date 8 December 2017 Census date 31 August 2018 Last date to withdraw without fail 21 September 2018 Assessment period ends 16 November 2018 Semester 2 contact information
Lecturers
Semester length classes
Semester 2
Ms Judy Bourke*, Monday class
Ms Raelene Harrison*, Wednesday class
Ms Erica Grundell*, Thursday class*Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject is offered as an intensive and in semester length format at different times during the year.
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022