Glossary

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Introduction to the Australian Legal System - LAWS3321

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Kensington Campus

Career: Undergraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 3

Enrolment Requirements:

Restricted to students enrolled in Legal Studies: Prerequisite: Academic Program must be either 4055 or 3408 or 4054.

CSS Contribution Charge: 1 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

Different legal systems have evolved in different parts of the world. Australia is a common law country – its legal system is based on the English common law system. This course offers students a comprehensive introduction to the Australian legal system and contrast with the civil law system.
The course will examine the historical origins of the Australian legal system, some of the principles underpinning our legal system, including the importance of the concept of the rule of law. It also covers the operation of the principal institutions of the legal system, the legislative and executive arms of government and the judiciary and courts. This will include the jurisdiction of Australian courts, the process by which cases are decided and the doctrine of precedent, consideration of alternative methods of dispute resolution and an examination of the role of the legal profession. There will also be an overview of the main branches of law.
Aboriginal customary law will be looked at and there will be a critical analysis of the circumstances of the adoption of the common law in Australia and the effect on the indigenous people. There will also be examination of the recognition of customary law and native title.

Recommended Prior Knowledge

None

Course Objectives

This course has been developed to provide students, from a non-legal background, with an understanding of the Australian legal system. The course will examine the principal institutions of the legal system, particularly the courts, the legislature and the executive arms of government; sources of Australian law, including the past and present status of Aboriginal customary law; the origins of common law and the doctrine of precedent; classifications within the common law; the jurisdiction of Australian courts and consideration of alternative methods of dispute resolution.
The aim of this course is to provide students with an overview of the Australian legal system. At the conclusion of the course, students will:

Be acquainted with legal terminology;
Have an understanding of legal concepts, doctrines and principles;
Understand how laws are made, regulated and changed;
Understand the relationship between the Commonwealth and State Constitutions;
Be aware of the role of law as a social mechanism which has developed to give effect to our current values and policies.

Main Topics

The Rule of Law
The Common Law Legal System
The Separation of Powers
The Federal Constitution
Parliamentary Sovereignty
Legislation by Parliament
Hierarchy of Courts
The Doctrine of Precedent
The Legal Profession
Alternative Forms of Dispute Resolution
Tribunals
Common Law and Equity
Contract Law
Tort Law
Criminal Law
Settlement/Invasion - The Impact on the Indigenous Inhabitants
The Mabo decision The Native Title Act 1993 (Cth)
The Wik decision and amendments to the Native Title Act 1993

Assessment

Class participation (10%)

Short 30 minute revision test in week 6 for early feedback (10%)

1 x 2000 word essay on a set topic (45%)

Final 90 minute written examination (35%)

Course Texts

Prescribed

Cook, c, Creyke, R, Geddes, R and Holloway, I Laying Down The Law, 7th edition, Butterworths, 2008

Order from UNSW Bookshop

Resources

Refer to Course Outline provided by lecturer at the beginning of session.