Constitutional law



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The Univeristy of Western Australia
Faculty of Law


Unit Outcomes - Level Two

 


PROPERTY


CONSTITUTIONAL LAW


EQUITY



TRUSTS



ADMIN LAW



LEVEL 2


A.
legal knowledge in subject area

Identify, state accurately, explain and demonstrate an understanding of and an ability to apply the fundamental principles of Property Law.

Identify, state accurately, explain and demonstrate an understanding of and an ability to apply the fundamental principles and concepts of Australian constitutional law, the powers of and the relationships between the institutions of government and Commonwealth constitutional powers and restraints within the federal framework.

Identify, state accurately, explain and demonstrate an understanding of and an ability to apply relevant equitable doctrines and remedies.



Identify, state accurately, explain and demonstrate an understanding of and an ability to apply the law concerning:

  • trust elements;

  • creation of trusts;

  • resulting and constructive trusts;

  • trustee's powers and duties; and

  • remedies for breach of trust.

Identify, state accurately, explain and demonstrate an understanding of and an ability to apply the principles:

  • that underpin the various grounds for judicial review of executive government action;

  • that distinguish the systems of judicial review in Australia;

  • that govern ‘standing’ and the remedies available in judicial review; and

  • that underlie freedom of information, merits review and ombudsman processes.




Identify, state accurately, explain and demonstrate an understanding of and an ability to apply fundamental concepts and principles in Property Law, Constitutional Law, Administrative Law, Equity and Trusts.

B.
BROAD FRAMEWORK OF LAW


Demonstrate statutory interpretation skills at an intermediate level by reading, interpreting and applying an entire statute without prior tuition on its content.


Develop and demonstrate an understanding of the role of constitutional law as focusing on the power and actions of public institutions rather than purely the operation of laws on individuals.
Demonstrate an appreciation of the role of federal constitutional power within the legal system as a whole.
Demonstrate an understanding of the relationship between international law and Australian domestic law.

Demonstrate an understanding, in particular contexts, of the relationship between Equity and the common law

Demonstrate an understanding of the difference between personal and proprietary claims and remedies.

Demonstrate an understanding of the role of administrative law in the legal system and the functions of the major institutions of Australian administrative law (including the remedies available from them).
Recognise the shifting nature of the public/private divide in Australia and related jurisdictions.

Demonstrate an understanding of:

  • the relationship between Equity and the common law;

  • the difference between personal and proprietary claims and remedies;

  • the distinctive features of public law doctrines and remedies as compared to those in private law; and

  • of the relationship between international law and Australian domestic law.

Demonstrate statutory interpretation skills by reading, interpreting and applying an entire statute without prior tuition on its content.



C.
understanding contextual issues


Recognise and appreciate at an introductory level the role of Property Law within an historical, social, economic and political context

Develop an understanding and appreciation, at an introductory level, of:

  • the key constitutional principles within a political and historical context;

  • the historical development of Australian constitutional law; and

  • the degree to which Australia is constitutionally independent from the United Kingdom.

Analyse and demonstrate at an introductory level an understanding and appreciation of the historical, social and economic dimensions of various equitable doctrines

Recognise historical, social, economic and political influences on the development of the law of trusts.

Demonstrate an understanding and appreciation of:

  • the evolution of Australian administrative law from its common law heritage to its modern statutory form;

  • the inter-relationships and limitations of the various institutions and their remedies within the context of contemporary society;

  • the different perspectives and opinions that frequently underlie public law controversies;

  • the ethical issues and sensitivities attending minority group involvement in administrative law processes.

Recognise, analyse and demonstrate an understanding and appreciation of the historic, social, economic or political dimensions of aspects of property law, constitutional law, administrative law, equity and trusts.

D.
comparative/ international perspectives

Demonstrate at an introductory level an understanding of comparative interstate perspectives by comparing and contrasting different judicial and statutory approaches to common property law issues in interstate jurisdictions.

Demonstrate an understanding of the significance of:

  • different State and territory manner and form provisions;

  • various Australian and international Bills of Rights;

  • Australian and UK notions of parliamentary sovereignty;

  • at an introductory level, the extraterritorial operation of State and Commonwealth legislation; and

  • the external affairs power of the Commonwealth in implementing international conventions into domestic law and regulating matters of international concern.

  • The role of International Law in interpreting the Commonwealth Constitution

Demonstrate an advanced understanding of comparative law perspectives, by comparing and contrasting different doctrinal approaches to common issues in foreign jurisdictions and the implications of those differences.




Demonstrate an understanding and recognition of the interrelationship of administrative law and international human rights law and assess the relevance to Australian administrative law of developments in key comparative jurisdictions

Develop advanced comparative law perspectives, by demonstrating an understanding of the different doctrinal approaches to common issues in interstate and foreign jurisdictions and the implications of those differences.



E.
CRITICAL ANALYSIS / THINKING


Demonstrate a critical and analytical approach to examining Property Law principles, reading cases and statutory interpretation.

Critically analyse the role of institutions of government at both Commonwealth and State levels and the limitations imposed on these institutions.
Demonstrate an ability to:

  • state, explain and apply competing views on constitutional legal principles; and

  • analyse and characterise Commonwealth laws in solving constitutional law problems.

Critically read, analyse and evaluate cases and secondary material by reference to specified equitable doctrines and remedies at an advanced level.

Critically analyse basic principles of trusts law, particularly where there are conflicting authorities.

Demonstrate, at an intermediate level, a critical and analytical approach to identifying issues and evaluating the strengths, limitations and interrelationships of relevant principles and regimes by:

  • reviewing case law and statutory developments (and related policy and reform issues); and

  • closely examining more controversial / uncertain principles and their application.

Critically read, analyse and comment on (orally and in writing) cases, identifying the basis for decision, differences between individual judgments, the degree of conformity with other authority, and their practical or theoretical implications.
Critically read, analyse and apply statutes in solving a hypothetical legal problem.
Critically analyse legal principles, including controversial, conflicting or uncertain principles.

F.
legal research

 





Conduct legal research at an intermediate level in tracing historical versions of legislation.

Conduct legal research by locating, collating, summarising and analysing primary and secondary material on specified equitable doctrines to be applied in case analysis.

Conduct legal research collaboratively in a team on a particular area of law and deliver a class presentation based on that research.

Conduct legal research by effectively locating and using key primary and secondary resources in the field of administrative law, in completing:

  • a library research exercise and online quiz on the handling of delegated legislation; and

  • an optional written ‘advocacy’ style assignment.

Demonstrate legal research skills at an intermediate level by:

  • effectively locating and using relevant primary and secondary local, interstate and international resources including loose leaf publications, online indexes, and reform publications;

  • determining the content of historical versions of legislation; and

  • locating delegated legislation.

G.
legal problem solving


Solve hypothetical legal problems by identifying and applying Property Law principles.
Undertake independent learning of both legislation and case law in solving hypothetical legal problems.

Solve hypothetical constitutional law problems by identifying and applying constitutional concepts and constitutional sources.
Apply federal constitutional powers and limitations to determine the constitutional validity of hypothetical legislative provisions.

Solve hypothetical legal problems by identifying and applying equitable doctrines and remedies.
Identify and critically assess different theoretical views and arguments relevant to equitable doctrines and remedies raised in hypothetical legal problems.
Distil relevant facts from a complex fact scenario so as to provide appropriate advice

Solve hypothetical legal problems that require the application of multiple aspects of Trusts law to a single set of relevant facts.


Solve hypothetical legal problems at an intermediate level by:

  • identifying legal issues arising in various hypothetical factual situations and applying the administrative law principles covered in classes in solving those problems; and

  • applying the law covered in classes in a contentious/uncertain context in an optional written ‘advocacy’ style assignment.

Solve legal hypothetical problems by:

  • identifying the relevant legal issues raised in a problem;

  • distilling relevant facts from a complex fact scenario;

  • researching and independently determining and understanding the legal principles relevant to solving the problem; and

  • applying those principles in to the given relevant facts.

Solve hypothetical constitutional legal problems requiring the assessment of the validity of a law or executive action.



H.




legal writing


Write clear, concise and persuasive legal arguments in answering hypothetical legal problems or essay question.

Write clear, concise and persuasive legal arguments in addressing either a hypothetical legal problem or essay question.



Write clearly and concisely using a logical structure, plain English, correct spelling, grammar and punctuation.
Use appropriate authorities and accepted standards for legal referencing.

Write clear, concise answers in solving hypothetical legal problems.
Write, as a group, a succinct summary of material covered in an oral presentation.

Demonstrate intermediate legal writing skills including the ability to effectively communicate legal conclusions/opinions and critical assessments of the law.

Write an outline of submissions on a hypothetical legal problem or essay topic to be presented orally in class.
Write clear, concise and persuasive arguments in advocating on behalf of a particular client.

I.
oral communication skills


Develop and demonstrate effective and meaningful oral communication skills in tutorials and small groups.


Demonstrate effective communication skills by discussing constitutional concepts, formulating constitutional arguments and asking and answering questions in tutorials.
Communicate an understanding of constitutional issues and arguments though tutorial participation.

Demonstrate a willingness and ability to:

  • contribute meaningfully and responsibly to class discussions; and

  • formulate clear and coherent arguments and answers to questions in tutorials

Demonstrate good, effective communication skills by explaining, as part of a group, a particular area of law in a clear and concise manner in an oral class presentation.

Develop and demonstrate intermediate oral communication skills, particularly the skill of effectively communicating legal conclusions/opinions, evaluations of prospects, critical assessments of the law and ideas for reform through assessable tutorial participation.

Demonstrate intermediate oral communication skills by:

  • delivering as part of a group, an assessable class presentation on an assigned topic;

  • formulating clear and coherent arguments and answers to questions in class discussions; and

  • taking a leading role in a tutorial discussion by posing and answering questions.

J.
personal and

relational skills

(Independent learning, reflective approach to learning, team work, client interviewing, time management etc)

Continue to develop and demonstrate effective time management skills at an introductory level.
Engage in independent learning on a particular area of Property law and apply learning in writing an essay or solving a hypothetical legal problem.

Participate, interact and initiate discussion with other students through the tutorial programme




Work collaboratively in a team in:

  • researching a particular area of trusts law;

  • presenting the outcome of that research in class in a clear and concise manner; and

  • write a succinct summary of the presentation.

Develop and demonstrate respect for a range of individual opinions and perspectives and the right of people to express them in the controversy-rich areas with which administrative law is particularly concerned.
Engage in independent research through an optional written ‘advocacy’ style assignment.

Work in a team to research an area of law without prior tuition and explain it in an oral class presentation, supported by a succinct written summary.
Work independently to research and apply an area of law without prior tuition.

 K.
ASSESSMENT

Property 1

10% tutorial participation [I,J}


15% critical case reading and case analysis assignment [A, E, G, H]
75% closed book exam (generally problem solving) [A, E, G, H]
Property 2

Two 15% compulsory assignments. One involving problem solving and statutory interpretation and the other involving problem solving based on case law. In both cases, without prior tuition on the subject area [A, B, E, G, H, J].


70% open book exam which may include solving hypothetical problems and essay style questions [A, E, G, H]


Constitutional Law 1

10% tutorial participation [I, J]


25% optional research essay (non-redeemable) on an assigned topic [A, E, F, G, H]
90% OR 65% open book exam [A, B, C, E, G, H]
Constitutional Law 2

10% rostered tutorial discussion [I, J]


Up to 5% - tutorial contributions (very good or excellent)
25% Optional class test (non-redeemable) participation and written and oral tutorial exercise [A, E, G, H]
60% OR 85% open book exam [A, B, C, E, G, H]

10% tutorial participation [A, C, D, E, G, I]
40% closed book case analysis exercise, requiring a critical ‘case note’ on an unseen case [A, B, C, D, E, F, H].
50% open book exam, solving hypothetical problem [A, B, C, G, H].

25% research and oral presentation in groups of 3 on allocated topic, supported by short written summary [A, E, F, H, I, J].
75% exam, solving hypothetical problems [A, B, E, G, H].

Administrative Law 1

10% tutorial participation (10%) [A, B, C, E, G, I, J ]


10% library research exercise [F]
20% optional assignment [A, B, C, E, F, G, H
60% or 80% final exam [A, B, C, E, G, H]
Administrative Law 2

10% Tutorial participation (10%) [A, B, C, E, G, I, J ]


20% optional assignment [A,B, C, E, F, G, H]
70%/90%open book exam [A, B, C, E, G, H]













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