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Fundamentals of the Common Law (LAWS70217)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
Contact information
March
Teaching staff:
Judy Bourke (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
April
Teaching staff:
L K Weis (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
July
Teaching staff:
Judy Bourke (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
September
Teaching staff:
Judy Bourke (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | March April July September |
|---|---|
| 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: 31 May 2024
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
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: 31 May 2024
Assessment
| Description | Timing | Percentage |
|---|---|---|
Case analysis
| 1 Weeks after the end of teaching | 20% |
Essay outline
| 3 Weeks after the end of teaching | 0% |
Research Essay
| 8 Weeks after the end of teaching | 80% |
Attendance and Participation Hurdle requirement: A minimum of 75% attendance is required. | Throughout the teaching period | N/A |
Last updated: 31 May 2024
Quotas apply to this subject
Dates & times
- March
Principal coordinator Judy Bourke Mode of delivery On Campus (Parkville) Contact hours 34 Total time commitment 150 hours Pre teaching start date 7 February 2024 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 6 March 2024 to 19 March 2024 Last self-enrol date 12 February 2024 Census date 7 March 2024 Last date to withdraw without fail 12 April 2024 Assessment period ends 15 May 2024 March contact information
Teaching staff:
Judy Bourke (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
- April
Principal coordinator L K Weis Mode of delivery On Campus (Parkville) Contact hours 34 Total time commitment 150 hours Pre teaching start date 6 March 2024 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 April 2024 to 16 April 2024 Last self-enrol date 11 March 2024 Census date 4 April 2024 Last date to withdraw without fail 10 May 2024 Assessment period ends 12 June 2024 April contact information
Teaching staff:
L K Weis (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
- July
Principal coordinator Judy Bourke Mode of delivery On Campus (Parkville) Contact hours 34 Total time commitment 150 hours Pre teaching start date 3 July 2024 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 31 July 2024 to 13 August 2024 Last self-enrol date 8 July 2024 Census date 1 August 2024 Last date to withdraw without fail 6 September 2024 Assessment period ends 9 October 2024 July contact information
Teaching staff:
Judy Bourke (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office - September
Principal coordinator Judy Bourke Mode of delivery On Campus (Parkville) Contact hours 34 Total time commitment 150 hours Pre teaching start date 14 August 2024 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 11 September 2024 to 17 September 2024 Last self-enrol date 19 August 2024 Census date 12 September 2024 Last date to withdraw without fail 18 October 2024 Assessment period ends 13 November 2024 September contact information
Teaching staff:
Judy Bourke (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has a quota of 30 students per class. Specific study periods may have more than one class available.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and 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.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 31 May 2024
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-masters@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: 31 May 2024