CON LAW EQUITY AND ADMIN LAW CORPORATIONS REMEDIES … · law. - the nature of private law...

DOC 2- Law School - Student Learning Unit Outcomes Statements JD Threshold Learning Outcomes Stage 2

- 1 -

CON LAW

EQUITY AND TRUSTS

ADMIN LAW

CORPORATIONS LAW

REMEDIES

LEGAL THEORY & ETHICS

LIBRARY SKILLS

OUTCOME EMPHASIS

OVERALL STAGE OUTCOMES On successful completion of all units undertaken in Stage 2 JD, students should demonstrate:

KNOWLEDGE TLO 1(a) ADVANCED AND INTEGRATED UNDERSTANDING OF BODY OF KNOWLEDGE INCLUDING THE FUNDAMENTAL AREAS OF LEGAL KNOWLEDGE, THE AUST. LEGAL SYSTEM AND UNDERLYING PRINCIPLES AND CONCEPTS On successful completion of the units in stage 2 of the JD, students should demonstrate advanced and integrated understanding of:

- the fundamental principles and concepts of Australian Constitutional Law;

- the powers of and the relationships between the constitutional institutions of government; and

- the relationship of Commonwealth constitutional powers and restraints upon power within the federal framework;

- the role of constitutional law as focusing on the power and actions of public institutions rather than purely the operation of laws on individuals;

- the role of federal constitutional power within the legal system as a whole.

- relevant Equitable doctrines and associated remedial doctrines including vitiating factors; fiduciary obligations; confidential information; estoppel; and aspects of Trusts law;

- the relationship between Equity and the common law in particular contexts, and the tensions that arise in that complementary relationship.

- 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);

- and an ability to accurately identify, explain and apply the principles that define and differentiate the systems of judicial review in Australia; that underpin the various grounds for judicial review; and that define and distinguish mechanisms for non-judicial review of executive government action.

- the fundamental principles of Corporations Law including the nature, internal structure, rules and governance of companies; directors’ duties; members’ rights; and remedies in the event of irregularities in corporate governance;

- the interaction of the statutory, equitable and common law sources of Corporations Law;

- the relationship between corporations and the outside world, including application in the corporate context of contract, tort, equity and criminal law.

- the nature of private law Remedies, general principles of compensation, damages, restitution and equitable Remedies;

- the relationship between equity and the common law and the remedial impact of this distinction;

- non- judicial remedies, and remedial goals apart from compensation.

- terminology to better appreciate scholarly legal debate and formulate and express views, analysis and critique of law and legal issues;

- a range of theoretical scholarship;

- the ethical frameworks underpinning law and legal practice.

All units On successful completion of all units undertaken in Stage 2 JD, students should be able to demonstrate an advanced and integrated understanding of the fundamental principles and underlying concepts of Australian public law (Constitution Law and Administrative Law) and private law Equity and Trusts; Corporations Laws and Remedies as well as the theoretical and ethical frameworks underpinning law and legal practice (Legal Theory and Ethics).

An understanding of: - the fundamental

principles of Equity and Trusts; Corporations Law; Remedies; Constitutional Law and Administrative Law;

- the relationship between equity and the common law;

- the difference between personal and proprietary remedies;

- the distinctive features of public and private law doctrines and remedies;

- certain non-judicial remedies, and remedial goals;

- legal theory terminology, a range of theoretical legal scholarship, and the ethical frameworks underpinning law and legal practice.


- 2 -

TLO 1 (a) ADVANCED AND INTEGRATED UNDERSTANDING OF BODY OF KNOWLEDGE INCLUDING INTERNATIONAL & COMPARATIVE CONTEXTS On successful completion of the units in stage 2 of the JD, students should demonstrate an understanding of:

- 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;

- the relationship between international law and Australian domestic law.

- comparative international perspectives in relation to select equitable doctrines including the divergence in the operation of select equitable doctrines in contemporary English and Australian law.

- the interrelationship of Administrative Law and relevant aspects of international law, recognising points of divergence between Administrative Law in Australia and key comparative jurisdictions.

- difficulties in regulating multi-national corporations;

- comparative international perspectives in relation to select aspects of Corporations Law including points of divergence between directors’ duties in Australia and key comparative jurisdictions.

- the scholarship on legal theory from a variety of jurisdictions and cultures.

Legal Theory and Ethics

On successful completion of Legal Theory and Ethics, students should demonstrate an understanding of the scholarship on legal theory from a variety of jurisdictions and cultures.

An understanding of comparative and international law perspectives in relation to: - the Cth

Constitution and the relationship between international law and domestic law;

- select equitable doctrines;

- aspects of Administrative law;

- the regulation of multinational corporations;

- select aspects of Corporations Law;

- the scholarship on legal theory from a variety of jurisdictions and cultures.


- 3 -

TLO 1 (b) ADVANCED AND INTEGRATED UNDERSTANDING OF BODY OF KNOWLEDGE INCLUDING THE BROADER CONTEXTS IN WHICH LEGAL ISSUES ARISE On successful completion of the units in stage 2 of the JD, students should demonstrate an understanding of:

- the historical, social and political contexts in which constitutional issues frequently arise and the potential influence of these contexts in instigating and pursuing HCA litigation .

- the historical, social and economic dimensions of select equitable doctrines;

- the difference between personal and proprietary remedies; and

- the values and interests traditionally protected in Equity.

- the evolution of Administrative Law review in Australia;

- the inter-relationships and limitations of Administrative Law institutions and remedies within the context of contemporary society;

- the conflicting perspectives, opinions and political imperatives that frequently underlie public law controversies.

- the historical, political, social and economic policy considerations underlying Australian Corporations Law;

- the interaction of economic objectives and social considerations with corporate regulation.

- the importance of remedies to the overall functioning of private law.

- the historical context of debates about the nature of law;

- the ability to contextualise legal professional ethics within the wider field of moral philosophy.

Administrative Law On successful completion of Administrative Law, students should demonstrate an understanding of:

- the inter-relationships and limitations of Administrative Law institutions and remedies within the context of contemporary society;

- the conflicting perspectives, opinions and political imperatives that frequently underlie public law controversies.

An understanding of: - the historical, social,

economic, philosophic and/or political dimensions of Constitutional Law, Equity and Trusts, Administrative law and Corporations law;

- the values and interests traditionally protected in Equity;

- importance of remedies to the overall functioning of private law;

- historical context of debates about the nature of law;

- ability to contextualise legal professional ethics within the wider field of moral philosophy.


- 4 -

TLO 1 (d) ADVANCED AND INTEGRATED UNDERSTANDING OF BODY OF KNOWLEDGE INCLUDING CONTEMPORARY DEVELOPMENTS IN LAW AND ITS PROFESSIONAL PRACTICE On successful completion of the units in stage 2 of the JD, students should demonstrate an appreciation of and a critical approach to:

- contemporary constitutional developments and issues, including recent HCA cases and proposed constitutional reforms;

- the impact of HCA Constitutional Law decisions upon public policy development and implementation

- assess the impact of HCA constitutional decisions on citizen-government.

- contemporary, creative applications of Equity and Trusts Law.

- the shifting nature of the public/private law divide, and the ongoing evolution of mechanisms for review of administrative action.

- contemporary developments and issues in Corporations Law and any need for reform;

- the professional practice of Corporations Law.

- selected contemporary issues in Remedies.

- evolving legal professional ethics and duties and the relevant regulatory frameworks.

Constitutional Law On successful completion of Constitutional Law, students should demonstrate an appreciation of and a critical approach to contemporary constitutional developments and issues, including the impact of HCA cases on public policy, and proposed constitutional reform.

An appreciation of and a critical approach to: - contemporary developments in Constitutional law; Equity and Trusts; Administrative law, Corporations law and Remedies;

- evolving legal professional ethics and duties and the relevant regulatory frameworks.


- 5 -

ETHICS & PROFESSIONAL RESPONSIBILITY TLO 1(c) ADVANCED AND INTEGRATED UNDERSTANDING OF PRINCIPLES AND VALUES OF JUSTICE AND ETHICAL PRACTICE IN LAWYERS’ ROLES On successful completion of the units in stage 2 of the JD, students should demonstrate an appreciation of and a critical approach to:

- the concept and underlying rationale for legal ethics;

- questions of law and justice as both theory and practice.

Legal Theory and Ethics On successful completion of Legal Theory and Ethics, students should demonstrate an appreciation of and a critical approach to:



An appreciation of and critical approach to:




- 6 -

TLO 2 (a) ADVANCED & INTEGRATED UNDERSTANDING OF APPROACHES TO ETHICAL DECISION MAKING On successful completion of the units in stage 2 of the JD, students should demonstrate an advanced and integrated understanding of:

- legal and ethical frameworks in light of lawyers’ key duties to their clients and to the wider community;

- the regulatory framework of ethical legal practice in the context of the role of lawyers in the administration of the system of justice.

Legal Theory and Ethics On successful completion of Legal Theory and Ethics, students should demonstrate an advanced and integrated understanding of:



An advanced and integrated understanding of:




- 7 -

TLO 2 (b) ABILITY TO RECOGNISE AND REFLECT UPON, & A DEVELOPING ABILITY TO RESPOND TO, ETHICAL ISSUES LIKELY TO ARISE IN PROF. CONTEXTS. On successful completion of the units in stage 2 of the JD, students should be able to identify and critique:

- the alternative ethical responses that may arise in the application of select equitable doctrines and make appropriate, just choices from the alternatives identified.

- the ethical issues and sensitivities attending minority group involvement in Administrative Law processes;

- the nature of competing obligations that attend public sector decision-making, and the significance of the broader social, moral and political dynamics that accompany legal practice in this field.

- the ethical issues raised by the separate legal entity and limited liability doctrines;

- the ethical issues faced by company directors and their advisors in the context of competing economic, social, environmental and commercial considerations.

- personal responses to ethical issues arising in practice;

- and acquire resources to support ethical professional conduct.

Legal Theory and Ethics On successful completion of Legal Theory and Ethics, students should be able to identify and critique personal responses to ethical issues arising in practice and to acquire resources to support ethical professional conduct.

An ability to identify and critique:

- the social and ethical issues that arise in relation to minority group involvement in Administrative Law processes, the nature of competing obligations that attend public sector decision-making, the application of select equitable doctrines, ethical issues associated with the Corporations Law limited liability and separate entity doctrines and ethical issues faced by directors and their advisors in the context of competing economic, social and environmental considerations;

- personal responses to ethical issues arising in practice;

- the resources required to support professional conduct.


- 8 -

TLO 2 (c) ABILITY TO RECOGNISE AND REFLECT UPON THE PROF. RESPONSIBILITIES OF LAWYERS IN PROMOTING JUSTICE AND IN SERVICE TO THE COMMUNITY On successful completion of the units in stage 2 of the JD, students should be able to recognise, reflect on and evaluate: TLO 2 (d) DEVELOPING ABILITY TO EXERCISE PROFESSIONAL JUDGEMENT On successful completion of the units in stage 2 of the JD, students should demonstrate an understanding of:

- how litigation in the HCA is conducted from the perspective of a litigant and counsel representing that litigant; and contemporary and practical issues that arise in conducting litigation in the HCA, derived from recent practical examples.

- the 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.

- the role of lawyers in advising on complex commercial transactions (including exercising professional judgement as to issues relevant to clients) and the differences and interrelationship between legal and commercial considerations; - the relevance and identity of the client when instructed by an agent or organ of a corporation, or by a company within a corporate group.

- legal and ethical frameworks in light of lawyers’ key duties to their clients and to the wider community in the administration of justice.

- the substance and application of professional conduct rules to professional practice.

Legal Theory and Ethics On successful completion of Legal Theory and Ethics, students should be able to recognise, reflect on and evaluate legal and ethical frameworks in light of lawyers’ key duties to their clients and to the wider community in the administration of justice. Legal Theory and Ethics

- On successful completion of Legal Theory and Ethics, students should demonstrate an understanding of the substance and application of professional conduct rules to professional practice.

An ability to recognise, reflect on and evaluate:

- legal and ethical frameworks in light of lawyers’ key duties to their clients and to the wider community in the administration of justice;

- the range of individual opinions and perspectives and the right of people to express them in controversy-rich areas of law.

An understanding of: - the substance and

application of professional conduct rules to professional practice;

- contemporary and practical issues that arise in conducting litigation in the HCA.


- 9 -

THINKING SKILLS TLO 3 (a) IDENTIFY AND ARTICULATE COMPLEX LEGAL ISSUES On successful completion of the units in stage 2 of the JD, students should be able to: TLO 3 (b) APPLY LEGAL REASONING AND RESEARCH TO GENERATE APPROPRIATE JURISPRUDENTIAL AND PRACTICAL RESPONSES TO LEGAL ISSUES On successful completion of the units in stage 2 of the JD, students should be able to:

- critically analyse a complex Constitutional Law problem and identify and articulate the relevant facts and legal issues raised.

- identify, interpret

and apply fundamental and relevant Constitutional Law concepts and constitutional sources in resolving complex Constitutional Law problems.

- apply federal constitutional powers and limitations to determine the constitutional validity of hypothetical legislative provisions.

- critically analyse a complex Equity and Trusts problem and identify and articulate the relevant facts and legal issues raised.

- identify, interpret and apply fundamental and relevant legal principles and reasoning in resolving complex issues relating to Equity and Trusts.

- critically analyse a

complex Administrative Law problem and identify and articulate the relevant facts and legal issues raised.

- critically analyse and evaluate primary and secondary legal materials;

- identify, interpret and apply fundamental and relevant legal principles, in resolving complex Administrative Law hypothetical factual scenarios

- critically analyse

a complex Corporations Law problem and identify and articulate the relevant facts and legal issues raised.

- identify, interpret and apply fundamental and relevant Corporations Law principles and reasoning in resolving complex Corporations Law issues.

- critically analyse

cases and other primary and secondary legal materials identify and articulate the relevant facts and legal issues raised.

–locate, identify,

critically analyse and apply primary and secondary legal materials in analysing a case in a case note and writing a substantial research paper.

- identify, articulate

and critically analyse complex theoretical and ethical issues arising in law.

- identify and articulate current issues in legal ethics and apply different jurisprudential perspectives on those issues to critically thinking about the role of lawyers in administration of justice.

All units On successful completion of all Stage 2 units, students should be able to critically analyse a complex legal problem and identify and articulate the relevant facts and legal issues raised. All units On successful completion of all units undertaken in Stage 2 of the JD, students should be able to locate, identify, critically analyse and apply fundamental, relevant legal principles in resolving complex legal issues, thinking about the role of lawyers in the administration of justice and writing a substantial research paper

An ability to critically analyse a complex legal problem and identify and articulate the relevant facts and legal issues raised An ability to:

- identify, interpret and apply fundamental and relevant legal principles;

- locate, identify, critically analyse and apply primary and secondary legal materials;

- identify and articulate current issues in legal ethics and apply different perspectives on those issues to critically thinking about the role of lawyers in administration of justice.


- 10 -

TLO 3 (c) ENGAGE IN CRITICAL ANALYSIS AND MAKE REASONED AND APPROPRIATE CHOICES AMONGST ALTERNATIVES On successful completion of the units in stage 2 of the JD, students should be able to:

- understand differences in constitutional judicial methodology in majority and minority resolution of HCA matters;

- state, explain and apply competing views on constitutional legal principles and evaluate different legal options;

- analyse and characterise Commonwealth laws in solving Constitutional Law problems.

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

-- critically analyse and synthesise cases and legislation with a view to providing advice on hypothetical Corporations Law problems and evaluating the most appropriate solution/s in a given fact scenario;

- demonstrate understanding of the interaction between the common law, equity and statute.

- engage critically with scholarship on legal theory;

- defend or critique a theoretical perspective.

Equity and Trusts On successful completion of Equity and Trusts, students should be able to critically read, analyse, and evaluate cases and secondary material at an advanced level by reference to specified equitable doctrines and remedies.

An ability to: - engage critically

with scholarship on legal theory;

- defend or critique a theoretical perspective;

- articulate detailed written ‘advocacy’ style arguments on a legal problem in a contentious and uncertain area of Administrative Law.

- critically read, analyse, and evaluate cases and secondary material at an advanced level

- understand differences in constitutional judicial methodology;

- state, explain and apply competing views on constitutional legal principles.


- 11 -

TLO 3 (d) DEMONSTRATE SOPHISTICATED COGNITIVE AND CREATIVE SKILLS IN APPROACHING LEGAL ISSUES AND GENERATING APPROPRIATE RESPONSES On successful completion of the units in stage 2 of the JD, students should be able to:

- appreciate subtleties in HCA reasoning through compositional changes and balances on HCA bench;

- critically analyse the role of institutions of government at both Commonwealth and State levels and the limitations imposed on these institutions;

- approach complex constitutional issues creatively to generate appropriate responses to those issues.

- identify and critically assess different theoretical views and arguments relevant to equitable doctrines and remedies and Trusts law.

- articulate detailed written ‘advocacy’ style arguments on a legal problem in a contentious and uncertain area of Administrative Law.

- analyse and think critically about current issues in company law

- creatively approach complex legal issues in company law and generate appropriate responses to those issues.

- analyse and think critically about current issues in remedies law and any need for reform.

- analyse the relationship between ideas of the rule of law and theoretical positions on the nature of law;

- develop resources for thinking about ethical questions, identifying ethical issues where they arise in practice and developing an ability to work through ethical problems and challenges.

Administrative Law On successful completion of Administrative Law, students should be able to articulate detailed written ‘advocacy’ style arguments on a legal problem in a contentious and uncertain area of Administrative Law.

- articulate detailed written ‘advocacy’ style arguments;

- identify and

critically assess different theoretical views and arguments on legal issues.

- analyse the relationship between ideas of the rule of law and theoretical positions on the nature of law; and


- 12 -

RESEARCH SKILLS TLO 4 DEMONSTRATE THE INTELLECTUAL AND PRACTICAL SKILLS NEEDED TO JUSTIFY AND INTERPRET THEORETICAL PROPOSITIONS, LEGAL METHODOLOGIES, CONCLUSIONS AND PROFESSIONAL DECISIONS, AS WELL AS TO IDENTIFY, RESEARCH, EVALUATE AND SYNTHESISE RELEVANT FACTUAL, LEGAL AND POLICY ISSUES On successful completion of the units in stage 2 of the JD, students should be able to demonstrate an ability to:

– engage in advanced legal research in tracing historical versions of legislation arising in a constitutional case;

- engage in advanced legal research in locating, digesting and synthesising secondary materials in preparation for exam essay question, focused on interpretation, analysis and response to a comment on a constitutional legal or policy issue.

- conduct legal research collaboratively by locating, collating, analysing and applying primary and secondary material on a specified area of Trusts law to be applied in a self-learning exercise.

- engage in

advanced legal research by locating and applying key resources in the field of Administrative Law in undertaking a library research exercise and online quiz on the handling of delegated legislation and an optional written ‘advocacy’ style assignment.

- engage in advanced legal research by identifying, locating, analysing and synthesising primary and secondary sources to provide and substantiate legal advice prepared in response to a complex Corporations Law scenario or to an issue of Corporations Law policy.

- independently

research, analyse and write on issues in Remedies using advanced knowledge of legal research methods.

- independently research the scholarship on issues of legal theory and the arguments around theoretical issues; independently research regulatory, administrative and judicial decisions on legal professional ethics, and the functioning of regulatory systems of legal professional ethics.

Library and research skills will be embedded into Stage 2 of the JD as follows: Corporations Law Introduce students to an online guide to Library resources for the unit. Administrative Law Compulsory library research exercise and online quiz. Constitutional Law Unassessed Compulsory library research exercise . Remedies Introduce students to Library resources for the research essay.

Constitutional Law, Administrative Law, Remedies and Legal Theory and Ethics On successful completion of Constitutional Law, Administrative Law, Remedies and Legal Theory and Ethics students should be able to demonstrate an ability to independently engage in advanced legal research by locating and applying key resources in various areas of law.

An ability to: - locate, collate,

analyse and apply primary and secondary state, national and international legal resources;

- trace the history of legislation ;

- engage in advanced legal research by locating and applying key resources in various areas of law;

- use advanced legal research skills in independently researching analysing the material on an area of law and writing academic papers based on that research.


- 13 -

COMMUNICATION AND COLLABORATION TLO 5 (a) COMMUNICATE IN WAYS THAT ARE EFFECTIVE, APPROPRIATE AND PERSUASIVE FOR LEGAL AND NON-LEGAL AUDIENCES On successful completion of the units in stage 2 of the JD, students should be able to:

- write clear, concise and persuasive legal arguments in addressing a hypothetical in answering hypothetical problem, practical, short answer or essays;

- communicate effectively in discussing constitutional concepts, formulating constitutional arguments, asking and answering tutorial questions and responding to legal professionals or non legal clients;

- lead and expertly inform, participate and discuss Constitutional Law issues in tutorials in fulfilling tutorial preparation and participation responsibilities.

- write clearly, concisely and persuasively using a logical structure, plain English, correct spelling, grammar and punctuation;

- use appropriate authorities and accepted standards of legal referencing;

- communicate effectively, appropriately and meaningfully in assessable class discussion.

- write clearly,

concisely and persuasively using a logical structure, plain English, correct spelling, grammar and punctuation;

- communicate effectively in assessable oral tutorial discussion, legal conclusions and opinions, evaluations of prospects, critical assessments of the law and ideas for reform.

- write clearly,

concisely and persuasively using a logical structure, plain English, correct spelling, grammar and punctuation;

- provide accurate, clear and persuasive oral and written legal advice on complex factual scenarios involving companies or areas of Corporations Law policy.

- communicate

clearly, concisely and effectively both orally and in writing on issues relating to Remedies;


- present clearly

and lucidly, orally and in writing, a position with respect to issues of legal theory and to defend or critique such a position;

- communicate effectively and appropriately for the context, problems of legal professional ethics and potential solutions.

All units On successful completion of all units undertaken in Stage 2 JD, students should be able to communicate effectively, appropriately and persuasively, both orally and in writing, in a clear and concise way.

An ability to:

- write clearly, concisely and persuasively using a logical structure, plain English, correct spelling, grammar and punctuation;


- communicate effectively, appropriately and meaningfully, both orally and in writing, legal arguments, conclusions and opinions, evaluations of prospects, critical assessments of the law and ideas for reform;

- take a leading role in class discussions by presenting information and by asking and answering questions.


- 14 -

TLO 5 (b) COLLABORATE EFFECTIVELY On successful completion of the units in stage 2 of the JD, students should be able to:

– act professionally

and responsibly by co-operative delivery of tutorial discussion leadership.

- work collaboratively in a team in researching a particular area of Trusts law and reflecting on and presenting the outcome of that collaborative research and self-learning in a co-authored clear and concise written paper including a reflective summary of the collaboration process.

- work collaboratively on problem-solving in theory and legal professional ethics;

- develop a preparedness to engage with colleagues, clients and regulators on issues of legal professional ethics.

Equity and Trusts On successful completion of Equity and Trusts students should be able to demonstrate an ability to work collaboratively in a team in: - researching a

particular area of Trusts law;

- reflecting on and presenting the outcome of that collaborative research and self-learning in a co-authored clear and concise written paper including a reflective summary of the collaboration process.

An ability to work collaboratively in a team in:

- researching a particular area of Trusts law and reflecting on and presenting the outcome of that research and collaborative self-learning in a co-authored clear and concise written paper, including a reflective summary on the collaboration process;

- problem-solving in theory and legal professional ethics;

- developing a preparedness to engage with colleagues, clients and regulators on issues of legal professional ethics.


- 15 -

SELF-MANAGEMENT TLO 6 (a) LEARN AND WORK WITH A HIGH LEVEL OF AUTONOMY, ACCOUNTABILITY AND PROFESSIONALISM On successful completion of the units in stage 2 of the JD, students should be able to demonstrate:

- ability to independently complete a self-directed library research exercise and consult law librarians for assistance when required;

- thorough preparation for and participation in discussions in the tutorial programme;

- accountability and professionalism in the leadership of discussion in tutorials.

- effective time management skills and other organisational skills by meeting assignment deadlines and complying with other assessment instructions;

- a willingness and ability to contribute meaningfully and responsibly to class discussions and formulate clear and coherent arguments and answers to questions in tutorials;

- preparation for class through participating in discussions and other class activities;

- the ability to engage in independent learning on an aspect of Trusts.

- effective time management skills and other organisational skills by meeting assignment deadlines and complying with other assessment instructions;

- a willingness and ability to contribute meaningfully and responsibly to class discussions and formulate clear and coherent arguments and answers to questions in tutorials;

- independence and creativity in the preparation of an optional written ‘advocacy’ style assignment.

- effective time management skills by being properly prepared for all classes, meeting assignment deadlines and complying with other assessment instructions;

- a willingness and ability to contribute meaningfully and responsibly to class discussions and formulate clear and coherent arguments and answers to questions in tutorials.

- effective time management and other organisational skills by meeting assignment deadlines and complying with other assessment instructions;

- a willingness and ability to contribute meaningfully and responsibly to class discussions and formulate clear and coherent arguments and answers to questions in tutorials.

- effective time management and other organisational skills by meeting assignment deadlines and complying with other assessment instructions.

Constitutional Law On successful completion of Constitutional Law students should be able to demonstrate an ability to :

- independently complete a self-directed library research exercise and consult law librarians for assistance when required;

- thoroughly prepare for and participate in discussions in the tutorial programme;

- be accountable and act professionally in the leadership of discussion in tutorials.

An ability to: - manage their time effectively by being properly prepared for and participating in class discussions, meeting assignment deadlines and complying with other learning and assessment instructions;

- engage in independent learning in select areas of law;

- be accountable and profession in the leadership of tutorial discussions.


- 16 -

TLO 6 (b) REFLECT ON AND ASSESS THEIR OWN CAPABILITIES AND PERFORMANCE, AND MAKE USE OF FEEDBACK AS APPROPRIATE, TO SUPPORT PERSONAL AND PROFESSIONAL DEVELOPMENT On successful completion of the units in stage 2 of the JD, students should be able to:

– reflect on and

asses their performance through taking up available opportunities for feedback from (a) individual contact with tutors regarding tutorial participation and contributions; (b) attendance at and participation in class test feedback session, including noting characteristics of best student peer papers; (c) post examination consultation against marking guide criteria of exam paper.

- participate appropriately and responsibly in small group discussions in which peer and teacher feedback is given;

- critically reflect on and assess their performance in formal assessments against stated assessment criteria provided pre-assessment by engaging with general detailed feedback provided online and identifying outstanding aspects of a range of exemplars provided both before and after assessment.

- participate

appropriately and responsibly in small group discussions in which peer and teacher feedback is given;

- participate

appropriately and responsibly in small group discussions in which peer and teacher feedback is given;

- critically reflect on their level of knowledge as well as their research, analysis and communication skills, and demonstrate an ability to make use of feedback to support an improvement in these skills, by engaging with general feedback to carry out a detailed self-assessment of a formal assessment as against a list of specific criteria; and as a result identifying their own strengths and weaknesses and indicating how their initial assessment could be improved.

- participate appropriately and responsibly in small group discussions in which peer and teacher feedback is given.

- engage in critical

reflection of their understanding of theoretical and ethical issues and the internalisation of an ethical perspective on legal practice.

Equity and Trusts On successful completion of Constitutional Law students should be able to:


- critically reflect on and assess their performance in formal assessments against stated assessment criteria provided pre-assessment by engaging with general detailed feedback provided online and identifying outstanding aspects of a range of exemplars provided both before and after assessment.

An ability to:


- critically reflect on and assess their performance in formal assessments through engagement with a range of feedback opportunities;

- engage in critical reflection of their understanding of theoretical and ethical issues and the internalisation of an ethical perspective on legal practice.


- 17 -

ASSESSMENT & TLO ALIGNMENT Desired assessment mechanisms are indicated but will require further development as other aspects of the JD are finalised including teaching allocations and resourcing

10% Tutorial Discussion Leadership TLO 1,3,5a,6a 5 % Tutorial Participation across semester providing ongoing formative feedback on oral communication skills, knowledge and application 1,3a,3b,5a,6a,6b 25% Optional in semester, open book, class Test with advised topics and separate reading and noting time TLO 1,3,4,5a,6b 60% open book exam TLO 1,3,4,5a,6b

35% Case Analysis TLO 1,3,5a,6b 15% Team self-learning research and reflection exercise TLO 1a,4,5,6a 10% Tutorial participation providing ongoing formative feedback on oral communication skills, knowledge and application TLO 1,3a,3b,5,6b 40% open book exam TLO 1a,3, 5a

10% Tutorial Participation providing ongoing formative feedback on oral communication skills, knowledge and application TLO 1,3a,3b,5a,6 10% Library Research Quiz TLO 3b,4,6a 20% Optional Assignment TLO 1,3a,3b,3d,4,5a 80% or 60% open book exam TLO 1,3, 5a

30% Research Assignment on a tutorial question incorporating problem solving and/or policy issues TLO 1, 2d, 3, 4, 5a, 6a 10% Critique of Research Assignment following peer and teacher feedback TLO 1, 6b 60% Open book exam TLO 1,2d, 3, 5a

40% First Assignment - Extended Case Note TLO 1,3c,3d,4,5a,6a

60% Second Assignment – Research Essay TLO 1,3c,3d,4,5a,6a [Note library recommendation of research methodology being handed in before essay due]

40% Research Essay TLO 1,3c,3d,4,5a,6a 60% Ethics Project (including a group work and an individual element to be divided either 20:40 or 30:30) TLO 1,2,3c,3d,4,5,6a

CON LAW EQUITY AND ADMIN LAW CORPORATIONS REMEDIES … · law. - the nature of private law...

Documents

Transcript of CON LAW EQUITY AND ADMIN LAW CORPORATIONS REMEDIES … · law. - the nature of private law...