STATUTORY INTERPRETATION

LAW2STA

2018

Credit points: 15

Subject outline

Statutory interpretation is the body of law governing the determination of the legal meaning and effect of legislation. This subject examines the law and practice of statutory interpretation systematically and in depth. The concepts, interpretative criteria, and techniques of the common law are examined, together with federal and state interpretation legislation. In addition to developing students' skills in interpreting legislation, the subject also develops skills in legal research, in case analysis, and in writing legal opinions.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorJeffrey Barnes

Available to Study Abroad StudentsYes

Subject year levelYear Level 2 - UG

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites Must be admitted to a Bachelor of Laws degree LAW1LIM

Co-requisitesN/A

Incompatible subjects LAW3ASI

Equivalent subjectsN/A

Special conditionsN/A

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsStatutory Interpretation Supplementary Materials, relevant yearPrescribedJ BarnesLA TROBE UNIVERSITY
ReadingsUnderstanding Common Law Legislation: Drafting and InterpretationPrescribedF A R BennionOXFORD: OUP, 2009
ReadingsStatutory Interpretation PrinciplesRecommendedPerry Herzfeld and Thomas PrinceSYDNEY: THOMSON REUTERS, 2014
ReadingsCross on Statutory Interpretation,3rd EditionPreliminaryJ Bell and G Engle,1995 BUTTERWORTHS
ReadingsColumbia Law Review 527PreliminaryF Frnakfurter (1947)Columbia Law Review 527

Graduate capabilities & intended learning outcomes

01. Be able to locate legislation and extrinsic materials that are relevant to a problem

Activities:
Tutorial discussions and Tutorial Assignments; End-of-Semester Assignment
Related graduate capabilities and elements:
Inquiry and Analytical Skills
Inquiry and Analytical Skills

02. Be able to analyse and assess cases on statutory interpretation

Activities:
Tutorial discussions and Tutorial Assignments; End-of-Semester Assignment
Related graduate capabilities and elements:
Inquiry and Analytical Skills
Inquiry and Analytical Skills

03. Be able to interpret legislation in a fully-informed way

Activities:
Tutorial discussions and Tutorial Assignments; End-of-Semester Assignment
Related graduate capabilities and elements:
Inquiry and Analytical Skills
Inquiry and Analytical Skills

04. Be able to write a legal opinion on statutory interpretation in language and form that approximates the standard expected of an entrant to the legal profession.

Activities:
Tutorial discussions and Tutorial Assignments; End-of-Semester Assignment
Related graduate capabilities and elements:
Inquiry and Analytical Skills
Inquiry and Analytical Skills

Subject options

Select to view your study options…

Start date between: and    Key dates

Melbourne, 2018, Semester 1, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorJeffrey Barnes

Class requirements

Tutorial Week: 11 - 22
One 2.0 hours tutorial per week on weekdays during the day from week 11 to week 22 and delivered via face-to-face.

Lecture Week: 10 - 22
One 1.0 hours lecture per week on weekdays during the day from week 10 to week 22 and delivered via face-to-face.

Assessments

Assessment elementComments% ILO*
End-of-Semester Assignment, maximum 2,000 words**Passing the Assignment is a hurdle. If a student obtains a mark of 50 or more marks out of 100 for the subject overall but does not obtain 50% or more for the End-of-Semester Assignment, the student receives an SAHA grade. The University Policy, 'Hurdles Procedures - Additional (Supplementary) Assessment', then applies. This hurdle is in place because of, first, the weight given to online quizzes testing a65 01, 02, 03, 04
Online quizzes (1000 words equivalent)Multiple choice. Online quiz 1 (10%) deals with assumed learning and the legislative process. Online Quiz Two (5%) is preparatory to the End-of-Semester Assignment. Online Quiz 3 deals with Acts Interpretation Acts, a complex body of law not fully assessed in other components for the reason that interpretation law varies in each jurisdiction.25 03
Tutorial assignment (maximum 1500 words in total)2 or 3 submissions may be made, each max 500 words; minimum 1 case analysis and 1 answer to a problem. A student might make optionally a third submission that is an answer to a problem (higher of two marks for answers to problems to count in that case). The assignments are largely formative and require a relatively low proportion of marks because until Week 10 students have not covered all the components o10 01, 02, 03, 04