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Fundamentals of the Common Law (LAWS70217)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
February
Lecturer
Arlen Duke, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
March
Lecturer
Mr Julian Sempill
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Semester 1
Lecturers
Semester 1
Ms Judy Bourke*, Monday and Wednesday classes
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
July
Lecturer
Arlen Duke, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Semester 2
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
Availability(Quotas apply) | February March Semester 1 April July Semester 2 |
---|---|
Fees | Look up fees |
This subject will be delivered online in 2020 over the scheduled dates.
This 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 must do so in the first study period of their degree.
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
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
Description | Timing | Percentage |
---|---|---|
Case analysis
| February: 4 March March: 15 April Semester 1: 8 April July: 12 August Semester 2: 9 September | 20% |
Review of secondary source
| February: 4 March March: 15 April Semester 1: 8 April July: 12 August Semester 2: 9 September | 20% |
Response to a hypothetical
| February: 4 March March: 15 April Semester 1: 22 June July: 12 August Semester 2: 23 November | 20% |
Essay
| February: 22 April March: 3 June Semester 1: 22 June July: 30 September Semester 2: 23 November | 40% |
Attendance Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online. | Throughout the teaching period | N/A |
Additional details
Assessment information for the April offering will be made available in the subject materials.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- February
Principal coordinator Arlen Duke Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 8 January 2020 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 5 February 2020 to 11 February 2020 Last self-enrol date 13 January 2020 Census date 5 February 2020 Last date to withdraw without fail 13 March 2020 Assessment period ends 22 April 2020 February contact information
Lecturer
Arlen Duke, 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 19 February 2020 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 March 2020 to 24 March 2020 Last self-enrol date 24 February 2020 Census date 18 March 2020 Last date to withdraw without fail 24 April 2020 Assessment period ends 3 June 2020 March contact information
Lecturer
Mr Julian Sempill
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au - Semester 1
Coordinators Erica Grundell, Judy Bourke, and Raelene Harrison Mode of delivery On Campus (Parkville) Contact hours 24-26 hours Total time commitment 150 hours Teaching period 2 March 2020 to 7 June 2020 Last self-enrol date 15 January 2020 Census date 30 April 2020 Last date to withdraw without fail 5 June 2020 Assessment period ends 3 July 2020 Semester 1 contact information
Lecturers
Semester 1
Ms Judy Bourke*, Monday and Wednesday classes
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 - April
Coordinator Judy Bourke Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 11 March 2020 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 1 April 2020 to 7 April 2020 Last self-enrol date 24 February 2020 Census date 2 April 2020 Last date to withdraw without fail 15 May 2020 Assessment period ends 17 June 2020 - July
Principal coordinator Arlen Duke Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 17 June 2020 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 15 July 2020 to 21 July 2020 Last self-enrol date 22 June 2020 Census date 15 July 2020 Last date to withdraw without fail 21 August 2020 Assessment period ends 30 September 2020 July contact information
Lecturer
Arlen Duke, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au - Semester 2
Principal coordinator Arlen Duke Mode of delivery On Campus (Parkville) Contact hours 24-26 hours Total time commitment 150 hours Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 3 August 2020 to 1 November 2020 Last self-enrol date 29 May 2020 Census date 21 September 2020 Last date to withdraw without fail 16 October 2020 Assessment period ends 27 November 2020 Semester 2 contact information
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. Please note: the April offering of this subject is exclusive to 2020 and is not available for self-enrolment.
This subject has a quota of 30 students per offering.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
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 materials will be made available via the LMS in 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.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022