This course must be taken in the commencing semester of a student's JD program. Students commencing their legal studies in Semester One are expected to undertake Foundations of Australian Law with LAWS6103 Torts. Students commencing their legal studies in Semester Two are expected to undertake Foundations of Australian Law with LAWS6102 Lawyers, Justice and Ethics. This is because the content in the relevant companion course is utilised in various ways in Foundations of Australian Law.

Foundations of Australian Law is designed to lay the groundwork for the remainder of students' legal studies. In particular, the course aims to assist students to develop a range of legal skills that are crucial for successful legal studies and for professional practice. Students learn the essential skills that enable them to engage with and use our principal sources of law - case law and legislation. In addition to teaching students how to analyse case law and legislation and to formulate legal arguments, the course also covers the key legal principles of statutory interpretation and the role of the courts in interpreting statutes.

To set the context for these sources of Australian law, the course also seeks to familiarise students with:

1. some of the fundamental features of the legal institutions that generate laws (the courts and the Parliament);
2. sources of Australian law in addition to case law and legislation (including the Australian Constitution, customary law and international law); and
3. the historical and social forces that have shaped and continue to shape the law-making process and the legal system.

This course meets the requirements of the Law Admissions Consultative Committee Statement on Statutory Interpretation.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Evaluate the sources of, and contemporary developments in, law and the legal system in Australia.
2. Critically reflect on the historical and social context of the institutions of the Australian legal system, incorporating a range of perspectives which recognise and value diverse culture and traditions.
3. Formulate and justify oral and written arguments in response to questions about the Australian legal system and the process of law-making.
4. Evaluate and implement methods of legal reasoning and statutory interpretation to generate legally defensible conclusions with respect to legal problems.
5. Research case law, legislation and scholarly journal articles, in order to formulate and communicate decisions in a range of written and oral formats.
6. Utilise feedback to critically reflect on their own developing legal professional practice skills and understanding.

Research-Led Teaching

Field Trips

Students will be required to attend court proceedings of their choice as part of their Court Report assessment (see below)

Required Resources

Prescribed Text:

• David Hamer et al, Laying Down the Law (LexisNexis, 12th ed, 2024)

Required Legislation:

• Acts Interpretation Act 1901 (Cth)

Recommended Resources

Students are strongly encouraged to: obtain a legal dictionary. One such dictionary is the: Concise Australian Legal Dictionary (Lexis Nexis Butterworths); purchase a copy of the Australian Guide to Legal Citation (4th ed) (please note that a free online version of this legal citation guide is available); and to purchase Perry Herzfeld and Thomas Prince, Statutory Interpretation Principles (Thomson Reuters, 2nd ed, 2021).

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments and/or verbal comments; and
• general feedback on tasks.

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Penalties for excess word length: https://law.anu.edu.au/word-length-and-excess-word-penalties

Distribution of grades policy: https://law.anu.edu.au/grading

Assessment Reviews and Appeals: https://law.anu.edu.au/assessment-review-and-appeals

Further information about the course: is available from the course Wattle page. Students are required to access the Wattle site regularly throughout the course for any announcements relating to the course. 

Artificial Intelligence (AI)

The ANU Academic Integrity website (https://www.anu.edu.au/students/academic-skills/academic-integrity ) provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide (https://libguides.anu.edu.au/generative-ai ) is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site (https://www.anu.edu.au/students/academic-skills ) provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law Academic Integrity and Misconduct site (https://law.anu.edu.au/academic-integrity-and-misconduct ) provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction to the Australian Constitutional legal system
2	Introduction to the Australian Constitutional legal system and Case law and legal reasoning
3	Case law and legal reasoning
4	Case law and legal reasoning
5	Case law and legal reasoning Research Skills Tutorial - Case Law
6	Case law and legal reasoning
7	Introduction to legislation and statutory constructionResearch Skills Tutorial - Legislation
8	Statutory construction
9	Statutory construction
10	Statutory construction
11	Statutory construction
12	Statutory construction/Final Exam Preparation

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials / seminars so they can better plan their time. Find out more on the My Timetable webpage.(Hyperlink: https://www.anu.edu.au/students/program-administration/timetabling )

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
In Class Court Report	10 %	*	25/10/2024	LO1, LO2
Weekly Online Quizzes	0 %	*	*
HIRAC Legal Reasoning Assignment	25 %	16/09/2024	11/10/2024	LO3, LO4, LO5
HIRAC Skills Development Reflection Piece	10 %	14/10/2024	*	LO6
Statutory Construction Exam	55 %	*	*	LO4, LO5

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

Examination(s)

Examinations are held during the University's examination period. Students should consult the exam timetable when it has been finalised.

Assessment Task 1

In Class Court Report

Details of Task: Students are required to attend court proceedings of their choice, and then prepare and deliver an in class presentation of up to four minutes reporting/reflecting on their court visit. Students will be expected to dedicate at least part of their court report to reflecting on a theme that will be made available in week 1. Powerpoint presentations and other technological presentation aids are not permitted.

Nature of Task: Compulsory and non-redeemable. Failure to complete this task will result in a mark of zero for this task.

Weighting: 10%.

Release: Week 1.

Due Date: Weeks 2-12 (different students will present in class each week according to a roster that will be drawn up in week 1). Due to the nature of the task, late submission or extension is not permitted.

Estimated return date: Week 12.

Assessment Criteria:

• Quality of reflection (including in relation to reflections on the stated theme);
• Quality of spoken presentation (diction, pace, volume, polish etc); and
• Adherence to time limit.

Assessment Task 2

Weekly Online Quizzes

Details of Task: The weekly quizzes will consist of a small number of multiple-choice questions to be answered online via Wattle.

Nature of Task: Optional. This assessment task is designed to give students an opportunity to receive feedback on their understanding of course material each week.

Weighting: 0%.

Release: 2pm on the Monday of each teaching week (Weeks 1-12).

Due Date: The optional online quiz will remain open for attempts throughout the semester.

As this quiz is open for more than 24 hours, no time adjustments or extensions shall be applied for this task.

Estimated return date: Results are available immediately upon completion of the quiz.

Assessment Criteria: This task is marked automatically according to accuracy of understanding of course content.

Assessment Task 3

HIRAC Legal Reasoning Assignment

Details of Task: Open book, HIRAC style problem question focussing on a case that will be provided to students upon the release of the assessment.

Nature of Task: Compulsory and non-redeemable. Failure to complete the assessment will result in a mark of zero for this task.

Weighting: 25%.

Release: 2pm, Monday 26 August 2024 (Week 6).

Due Date: 5pm, Monday 16 September 2024 (Week 7).

Word Length: 1300 words (this is a maximum word limit. There is no 10% leeway).

Estimated Return Date: Friday 11 October 2024.

Assessment Criteria: Students will be assessed on the following criteria:

• Headings; clear and appropriate structure;
• Identification of legal issues;
• Identification of relevant law as directed by task instructions;
• Application of relevant law to the legal issues;
• Conclusions; 
• Quality of legal research as directed by task instructions;
• Quality of written expression; and 
• Compliance with AGLC 4 citation.

Assessment Task 4

HIRAC Skills Development Reflection Piece

Details of Task: Students will be required to craft a written reflection in response to a question posed to them in the assessment materials. The aim of this task is to give students the opportunity to reflect on the development of their HIRAC legal reasoning skills, including in light of feedback received in the HIRAC Legal Reasoning Assignment.

Nature of Task: Compulsory and non-redeemable. Failure to complete the assessment will result in a mark of zero for this task.

Weighting: 10%.

Release: 2pm, Monday 30 September (Week 9).

Due Date: 5pm, Monday 14 October 2024 (Week 11). Late submission (without an extension) is permitted, although late penalties will apply. Please be mindful that if you are in your final semester, late submissions will have an impact on your eligibility to graduate on time.

World Length: 600 words (this is a maximum word limit. There is no 10% leeway).

Estimated Return Date: Official end-of-semester results release date. 

Assessment Criteria: Students will be assessed on the following criteria:

• Quality of analysis and reflection;
• Quality of written expression; and 
• Compliance with AGLC 4 citation.

Assessment Task 5

Statutory Construction Exam

Details of Task: Open book, HIRAC style problem question focusing on the law of statutory construction in Australia.  

Nature of Task: Compulsory and non-redeemable. Failure to sit the exam will result in a mark of zero for this task.

Weighting: 55%.

Permitted materials: All materials are permitted except ANU Library books and proscribed electronic devices.

Exam Time, Date, and Duration: The exam will take place during the end-of-semester exam period. Students should consult the ANU Examination Timetable closer to the examination period to confirm the final time, date, and duration of the examination. Because this is a formal examination, late submissions will not be accepted. 

If you experience extenuating circumstances and are unable to sit the examination at its scheduled time and date, you should submit an Extenuating Circumstances Application (ECA), via ISIS, within five working days of the original date of the examination. Your application will be processed by the Examinations Office. If it is approved, they will notify you, via email, of the details of your deferred examination which will be held during the first week of the following semester.

Estimated Return Date: Official end-of-semester results release date. 

Assessment Criteria: Students will be assessed on the following criteria:

• Headings; clear and appropriate structure;
• Identification of legal issues;
• Identification and discussion of relevant law;
• Application of relevant law to the legal issues;
• Conclusions; and
• Written expression.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.

• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.

• Late submission is not accepted for tests or examinations.

• • Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material. Any use of artificial intelligence must be properly referenced. Failure to properly cite use of Generative AI will be considered a breach of academic integrity.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary. 

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

Resubmission is not guaranteed. Please ensure that you have reviewed your submission carefully before you submit.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Accessibility for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students