2
/ Diploma in Law /LEGAL PROFESSION
ADMISSION BOARD
/ /LAW EXTENSION COMMITTEE
LAW EXTENSION COMMITTEE SUBJECT GUIDE
01 LEGAL INSTITUTIONS
SUMMER SESSION 2015-16 (Revised 12/1/16)
This Guide includes the Law Extension Committee’s course information and teaching program and the Legal Profession Admission Board’s syllabus. The syllabus is contained under the heading “Prescribed Topics and Course Outline” and has been prepared in accordance with Rule 27H(a) of the NSW Admission Board Rules 2015.
Course Description and Objectives / 1Lecturers / 1
Assessment / 1-2
March 2016 Examination / 3
Lecture Program and Prescribed Topics / 3-4
LEC Orientation / 5
Essential Intensive Introductory Classes for all Legal Institutions Students / 5
Weekend Schools 1 and 2 / 6
Legal Skills Workshops / 6-7
Texts and Materials / 7
Course Materials Reading Summary / 8
Compulsory Assignments / 8
Assignment Questions / 9
Important Notice to Legal Institutions Students / 9
Legal Institutions Course Outline / 10-31
2
LAW EXTENSION COMMITTEE
/SUMMER 2015-16
01 LEGAL INSTITUTIONS
COURSE DESCRIPTION AND OBJECTIVESThis course emphasises the building of a core of legal knowledge to facilitate further study and a strong set of legal skills to assist in the practical application of that knowledge.
The course will introduce students to the origins, history and present operation of the institutions which make up the Australian legal system, to the sources of law, and to the Commonwealth and New South Wales Constitutions. The matters which will be considered include the distribution of legislative powers between the Commonwealth and the States; the executive powers of the Commonwealth and New South Wales governments and the sources of those powers; the system of courts and tribunals operating at Commonwealth and New South Wales levels; the relationship between the various legal institutions; the theory and practice of precedent; the rules of statutory interpretation; the legal profession and arbitration and alternative dispute resolution.
Students are given an opportunity to develop the skills necessary for successful completion of legal studies, including legal essays and answering legal problems. This is done through a study of relevant legislation and cases, class problems and class skills tasks, web tutorials and problems and the completion of assignments.
LECTURERSMrs Susan Carter, BA (Hons), LLB (Hons) (Syd)
Susan is an experienced commercial solicitor who has worked in private practice, as in-house counsel, and was seconded for a period of government service. Beginning her professional life with the Federal Court, Susan has used her legal expertise both in practical commercial applications and in wider policy issues. A national and international conference speaker, who has served on a number of boards (including the Family Law Council of Australia), Susan is currently involved in legal education, having taught at the University of Sydney before her current involvement with the LEC.
Professor Anita Stuhmcke, BA, LLB (Hons) (Macq), MJuris (Hons) (Syd), PhD (ANU)
Anita is a Professor who teaches law at the University of Technology, Sydney, Faculty of Law. She holds a BA and LLB (Hons) from Macquarie University, a Master of Jurisprudence (Hons) from the University of Sydney and a PhD from the Australian National University. Anita has published widely in the area of health and administrative law and has a keen interest in the education of future legal practitioners.
ASSESSMENTTo be eligible to sit for the Board’s examinations, all students must complete the LEC teaching and learning program, the first step of which is to ensure that you have registered online with the LEC in each subject for which you have enrolled with the Board. This gives you access to the full range of learning resources offered by the LEC.
To register with the LEC, go to www.sydney.edu.au/lec and click on the WEBCAMPUS link and follow the instructions. Detailed guides to the Webcampus are contained in the material distributed by the LEC, in the Course Information Handbook, and on the Webcampus.
Eligibility to Sit for Examinations
In accordance with the Legal Profession Admission Rules, the LEC must be satisfied with a student’s performance in a subject in order for the student to be eligible to sit for the examination, conducted by the Legal Profession Admission Board (LPAB). Assignments are used to assess eligibility.
Students are expected to achieve at least a pass mark of 50% in assignments to be eligible to sit for examinations. However, a category of “deemed eligible” has been introduced to offer students whose assignment mark is between 40-49% an opportunity to sit for the examination. In these circumstances students are often advised not to sit. A mark below 40% means a student is not eligible to sit for the examination.
Assignments as part of the Board’s Examinations
Assignment results contribute 20% to the final mark in each subject.
The Law Extension Committee (LEC) administers the setting and marking of assignments. The LEC engages the LPAB’s examiners to assess or supervise the assessment of assignments.
Submission
Assignments must be received by 11:59pm on the due date unless an extension has been granted. Extensions must be requested by email prior to the due date. Specific supporting evidence must be provided. Assignments that are more than ten days late will not be accepted. Late assignments attract a penalty of one mark out of 20, or 5% of the total marks available, per day.
Assessment
Assignments are assessed according to the “Assignment Grading and Assessment Criteria” outlined in the Guide to the Presentation and Submission of Assignments. Prior to the examination, assignments will be returned to students and results posted on students’ individual results pages of the LEC Webcampus. Students are responsible for checking their results screen and ascertaining their eligibility to sit for the examination.
Review
Where a student’s overall mark after the examination is between 40-49%, the student’s assignment in that subject will be included in the Revising Examiner’s review. The final examination mark is determined in accordance with this review. Assignment marks will not otherwise be reviewed.
MARCH 2016 EXAMINATIONPlease note: all questions in relation to the March examination in Legal Institutions should be directed to the Legal Profession Admission Board, not the Law Extension Committee or LEC teachers. Information regarding permitted materials for the examination will appear on the Legal Profession Admission Board’s website (http://www.lpab.justice.nsw.gov.au) before the exam.
Candidates will be expected to have a detailed knowledge of the following prescribed topics:
· Legal institutions: general considerations
· Legal reasoning
· English legal and constitutional history from 1066 to 1875
· New South Wales and Commonwealth legal and constitutional history from 1788 to the present
· The Commonwealth Parliament
· The New South Wales Parliament
· The Executive Government
· The court system
· Non-judicial tribunals
· Arbitration and alternative dispute resolution
· The legal profession
· What is law?
Candidates will be expected to have made a study of the prescribed materials in relation to those topics, and to have analysed the cases and statutory provisions referred to in the Legal Institutions Course Outline. Candidates will also be expected to display an adequate grasp of the legal skills to which they have been introduced in the course Legal Institutions.
Accordingly, candidates should expect a number of questions in legal problem format as well as essay style questions. Candidates are also expected to be aware of the basic principles of grammar, spelling and sentence construction.
LECTURE PROGRAM and prescribed topics
Evening lectures will be held on Wednesdays, on the main campus of the University of Sydney, commencing 4 November 2015. All lectures begin at 6.00pm and finish at either 8.30pm or 9.00pm. Additionally, ALL Legal Institutions students will be required to attend the Essential Intensive Introductory Classes (7 November and 8 November 2015) and both Sunday mornings of the First and Second Weekend Schools (Sunday 29 November 2015 and Sunday 31 January 2016). Topics 8 and 9 will be made available as on-line lectures for external students and this material will not be covered at Weekend Schools. External students are encouraged to note the date and times of these lectures and ensure that they are available on these evenings.
The venues for the lectures are set out in the lecture program overleaf. For details as to the location of these venues, refer to page 53 of the Course Information Handbook for a map of the University of Sydney main campus.
Please note that this program is a general guide. It may be varied according to need, including adjustments for longer or shorter sessions. Please refer to the Reading Summary for each topic in the Legal Institutions Course Outline.
Once you have registered online with the LEC, you will have access to all the facilities on the LEC Webcampus including the Legal Institutions Course Outline by topic, plus any other materials that the lecturer may make available to students. These materials can be found in the Course Materials section of the LEC Webcampus.
WEEK / DATE / VENUE / TOPIC1 / Wed.
4 Nov / ChLT1 / Topic Three: Australian Legal Institutions
Intensive Introductory classes / Sat.
7 Nov / New LSLT 101 / Topic One: An Introduction to Law and its Sources
Intensive Introductory Classes / Sat.
7 Nov / New LSLT 101 / Topic Two: Legal Research
Intensive Introductory Classes / Sun.
8 Nov / New LSLT 101 / Topic Five: Introduction to Legal Problem Solving
2 / Wed.
11 Nov / ChLT1 / Topic Five: Legal Problem Solving: further considerations
3 / Wed.
18 Nov / ChLT1 / Topic Four: The Legal Profession
4 / Wed.
25 Nov / ChLT1 / Topic Seven: Statutory Interpretation
First Weekend School / Sun.
29 Nov
8am-noon / New LSLT 101 / Topic Six: Legal Referencing; Study Skills
5 / Wed.
2 Dec / ChLT1 / Topic Seven: Statutory Interpretation; Problem Solving
6 / Wed.
9 Dec / ChLT1 / Topic Eight: English Legal and Constitutional Foundations
7
/ Wed.
16 Dec / ChLT1 / Topic Nine: New South Wales and Commonwealth Legal and Constitutional History
Study Break: Friday 18 December 2015 – Sunday 10 January 2016
8 / Wed.
13 Jan / New LSLT 101 / Topic Ten: The Court System
9 / Wed.
20 Jan / New LSLT 101 / Topic Eleven: Tribunals, Arbitration and Alternative Dispute Resolution
10 / Wed.
27 Jan / New LSLT 101 / Topic Thirteen: Commonwealth Parliament
Second Weekend School / Sun.
31 Jan
8am-noon / New LSLT 101 / Topic Twelve: Study/Summary and Exam Preparation Skills
11 / Wed.
3 Feb / New LSLT 101 / Topic Fourteen: New South Wales Parliament
12 / Wed.
10 Feb / New LSLT 101 / Topic Fifteen: Executive Government
13 / Wed.
17 Feb / New LSLT 101 / Topic Sixteen: Legislative Process Review
2
LEC orientation
An Orientation for new students, including Overseas Qualified Students, will be provided by the LEC from 9am on Friday 6 November 2015 in the Eastern Avenue Auditorium (EAA) on the main campus of the University. This Orientation will conclude at approximately 3.15pm. Please note that, from 12.15pm, Overseas Qualified Students will follow a separate orientation program. The Orientation will conclude at approximately 3.30pm.
The Orientation will provide you with an opportunity to understand the roles of the Legal Profession Admission Board (LPAB) and the Law Extension Committee; the LEC will guide you through the features of the Webcampus; the LEC Law Librarian will explain library resources; approaches to the course by former and present students will be discussed and you will be able to meet other students. A full program of the day can be accessed on the LEC Webcampus and was included in your Enrolment Package.
essential intensive introductory classeS FOR ALL LEGAL INSTITUTIONS STUDENTS
All students (both evening and external students) in Legal Institutions, whether for the first time or returning, should attend on the weekend of 7 and 8 November 2015 in the New Law School Lecture Theatre 101 (New LSLT 101) on the main campus. No material will be repeated at a later date.
A detailed program of the Essential Intensive Introductory Classes is below and was included in your Enrolment Package. It is also available on the LEC Webcampus. Please make sure you have downloaded the relevant material from the Webcampus, and bring along the cases, questions and problem (from Topic 5) for discussion.
The classes to be held in Legal Institutions will be taught by Susan Carter and the LEC Law Librarian Patrick O’Mara and are as follows:
Saturday 7 November 2015 Legal InstitutionsTIME / TOPIC
9.00am –11.00am / Topic One: An Introduction to the Law and its Sources: Susan Carter
11.00am – 12noon / Topic Two: Legal Research: Patrick O’Mara
12noon – 3.00pm / Research Workshops; Study Group Formation; Case Reading Tasks and Lunch Break.
· During this extended break, students will be helped to form study groups and will break for lunch.
· Also, students who have registered with the LEC prior to the Essential Intensive Introductory Classes will be allocated to one of the three computer research workshops which will be run during this time.
· Students will also be allocated to one of the two study skills classes which will be run during this time.
3.00pm – 5.00pm / Topic One: An Introduction to the Law and its Sources (continued)
Sunday 8 November 2015 Legal Institutions
TIME / TOPIC
9.30am – 12.30pm / Topic Five: Introduction to Legal Problem Solving: Susan Carter
12.30pm – 1.30pm / Lunch Break
1.30pm – 4.30pm / Topic Five: Introduction to Legal Problem Solving (continued)
WEEKEND SCHOOLS 1 and 2
Classes in Legal Institutions are held at both Weekend School 1 and 2. The focus of these classes is the external students except for the Sunday morning classes which should be attended by ALL Legal Institutions students. Evening lecture students may attend on the understanding that weekend classes aim to cover the topics covered in weekly lectures and are principally for the benefit of external students. Please note that it may not be possible to cover the entire course at the weekend schools. Remember that topics 8 and 9 will be made available on line as a webcast on the evening of the lecture, and these topics will not be covered separately at the weekend schools.