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Fundamentals of the Common Law (LAWS70217)
Graduate coursework level 7Points: 12.5Online
Please refer to the return to campus page for more information on these delivery modes and students who can enrol in each mode based on their location.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
March
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
May
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
July
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
September
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | March - Online May - Online July - Online September - Online |
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Fees | Look up fees |
This is a foundational subject in the Melbourne Law Masters (MLM) which is compulsory for graduates of 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
Admission into a relevant Melbourne Law Masters program
Students who are required to undertake this subject must do so as close to the beginning of their degree as possible.
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
Description | Timing | Percentage |
---|---|---|
Review of secondary source
| During the teaching period | N/A |
Case analysis
| 2 Weeks after the end of teaching | 20% |
Research Essay
| 5 Weeks after the end of teaching | 80% |
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 |
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- March - Online
Principal coordinator Andrew Roberts Mode of delivery Online Contact hours Total time commitment 150 hours Pre teaching start date 1 February 2021 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 1 March 2021 to 12 March 2021 Last self-enrol date 5 February 2021 Census date 5 March 2021 Last date to withdraw without fail 19 March 2021 Assessment period ends 16 April 2021 March contact information
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au - May - Online
Principal coordinator Arlen Duke Mode of delivery Online Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 5 April 2021 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 May 2021 to 14 May 2021 Last self-enrol date 9 April 2021 Census date 7 May 2021 Last date to withdraw without fail 21 May 2021 Assessment period ends 18 June 2021 May contact information
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au - July - Online
Principal coordinator Arlen Duke Mode of delivery Online Contact hours Total time commitment 150 hours Pre teaching start date 28 June 2021 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 26 July 2021 to 6 August 2021 Last self-enrol date 2 July 2021 Census date 30 July 2021 Last date to withdraw without fail 13 August 2021 Assessment period ends 10 September 2021 July contact information
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au - September - Online
Principal coordinator Arlen Duke Mode of delivery Online Contact hours Total time commitment 150 hours Pre teaching start date 23 August 2021 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 20 September 2021 to 1 October 2021 Last self-enrol date 27 August 2021 Census date 27 September 2021 Last date to withdraw without fail 15 October 2021 Assessment period ends 5 November 2021 September contact information
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject has a quota of 30 students per class.
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
- 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