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Course

Conceptual Foundations of the Legal System - JURD7923

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 4

Enrolment Requirements:

Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

This course is studied at the same time as Legal Experience 2. It develops students’ understanding of the functioning of the Australian legal system and their facility with foundational legal skills acquired in Legal System and Skills. Students are introduced to fundamental concepts and legal paradigms in three core areas of substantive law: contract, tort and criminal law. The course focuses on students’ acquisition of legal problem-solving skills in oral and written contexts that will enhance students’ understanding of legal principles found in case and statute law in these three fields of law.

Recommended Prior Knowledge

None

Course Objectives

  • To introduce students to basic principles of law in contract, tort and criminal law, including a critical understanding of theory and policy considerations informing the law in these fields.
  • To understand and practise applying forms of legal argument to legal problem-solving.
  • To develop analytical and critical skills.
  • To encourage students to look at how substantive law works in a social context.

Main Topics

  • Contract: aspects of contract theory; offer and acceptance; consideration; intention to create legal relations; formal requirements; capacity to contract.
  • Tort: the rise of negligence; the elements of negligence; critical perspectives.
  • Criminal law: debates around criminalisation; process in criminal law; public order offences; sentencing.

Assessment

Class participation: 10%

Class performance (practical exercises): 20%

Problem-solving assignment: 30%

End of semester exam: 40%

Course Texts

Prescribed
  • Reading Materials available from UNSW Bookshop.

Recommended
  • Daniel Khoury and Yvonne Yamouni, Understanding Contract Law, 7th edn, LexisNexis Butterworths, Australia, 2007
  • John Gooley and Peter Radan, Principles of Australian Contract Law, LexisNexis Butterworths, Australia, 2006
  • Frances McGlone and Amanda Stickley, Australian Torts Law, LexisNexis Butterworths, Australia, 2005
  • Simon Bronnit and Bernadette McSherry, Principles of Criminal Law, 2nd edn, Lawbook Co, Sydney, 2005
  • David Brown et al, Criminal Laws, 4th edn, Federation Press, Sydney 2006
Law Books

Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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