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The Legal System: Bases and Challenges (LAWS90082)
Graduate courseworkPoints: 12.5Not available in 2024
Overview
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A properly functioning legal system can be seen as a defining characteristic of modern society. The adversary system can be seen as a defining characteristic of a common law legal system. But as times change, both the common law and the adversary system of trial have changed and will continue to change. What then are the bases of these systems? What corollaries follow from adopting a particular mode of trial? What are the challenges with which the Australian legal system must now deal in resolving disputes? How might those challenges be dealt with and are there implications for what we define as the adversary system and, more generally, the rule of law in a properly functioning legal system?
Principal topics include:
- Development of the common law
- The 20th century adversary system
- The adversary system today and its implications
- Statutes and the common law
- Lessons from other systems
- Complexity – issues, evidence, experts and costs
- Curial method – the law, facts and findings
- Economic and commercial implications – class actions, alternative dispute resolution, arbitration and access to justice
- Legislative and executive power
- Implications for the rule of law and the practitioner.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the adversary system in today's Australian judicial system
- Have an advanced understanding of how and why the adversary system has developed to its present state
- Be able to critically examine, identify and assess the implications and effectiveness of that system
- Have the cognitive and technical skills to independently identify, examine, research and analyse present and emerging challenges to the continued use of an adversary system
- Have the communication skills to articulate and convey complex information regarding the adversary system, its implications and possible modification.
Last updated: 30 January 2024
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
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: 30 January 2024
Assessment
| Description | Timing | Percentage |
|---|---|---|
Class participation | Throughout the teaching period | 10% |
Individual class presentation on a designated topic
| During the teaching period | 15% |
Research paper on a topic approved by the subject coordinator
| 15 June 2022 | 75% |
| Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online, however attendance at all live online sessions is expected. | Throughout the teaching period | N/A |
Last updated: 30 January 2024
Quotas apply to this subject
Dates & times
Not available in 2024
Additional delivery details
This subject has a quota of 30 students.
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: 30 January 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:
Type Name Course Master of Commercial Law Course Master of Laws Course Master of Public and International Law Course Graduate Diploma in Dispute Resolution Course Graduate Diploma in Government Law Course Master of Private Law - 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: 30 January 2024