STATUTORY INTERPRETATION

LAW5SIN

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. The law and practice is also examined through the lens of statutory interpretation literature. 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 and legal commentaries.




SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorJeffrey Barnes

Available to Study Abroad StudentsYes

Subject year levelYear Level 5 - Masters

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites LAW5PMI

Co-requisitesN/A

Incompatible subjects LAW3ASI, LAW2STA

Equivalent subjectsN/A

Special conditionsN/A

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsUnderstanding Common Law Legislation: Drafting and InterpretationPreliminaryF A R Bennion, 2009OUP
ReadingsStatutory Interpretation PrinciplesRecommendedP Herzfeld and T Prince, 2014Thompson Reuters

Graduate capabilities & intended learning outcomes

01. Be able to analyse and discuss the theoretical literature on statutory interpretation

Activities:
Workshop paper and presentation; End-of-Semester Assignment Essay
Related graduate capabilities and elements:
Literacies and Communication Skills

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

Activities:
Tutorials and workshop paper and presentation
Related graduate capabilities and elements:
Literacies and Communication Skills

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

Activities:
Tutorials and End-of-Semester Assignment
Related graduate capabilities and elements:
Literacies and Communication Skills

04. Be able to write a legal opinion on statutory interpretation in a form that approximates the standard expected of a newly qualified lawyer.

Activities:
Tutorials and End-of-Semester Assignment.
Related graduate capabilities and elements:
Literacies and Communication Skills

05. Be able to demonstrate knowledge of the law and practice of statutory interpretation that is informed by statutory interpretation theory

Activities:
Workshop paper and presentation; End-of-Semester Assignment Essay.
Related graduate capabilities and elements:
Literacies and Communication Skills

Subject options

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Start date between: and    Key dates

City Campus, 2018, Semester 2, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorJeffrey Barnes

Class requirements

Lecture/Seminar Week: 31 - 43
One 2.0 hours lecture/seminar per week on weekdays at night from week 31 to week 43 and delivered via blended.

WorkShop Week: 31 - 43
Two 4.0 hours workshop per study period on weekends during the day from week 31 to week 43 and delivered via face-to-face.

Scheduled Online Class Week: 31 - 43
One 4.0 hours scheduled online class per study period on weekdays at night from week 31 to week 43 and delivered via online.

Assessments

Assessment elementComments% ILO*
Online Quiz (750 word equivalent)10 03
Tutorial and Workshop Participation and Assignment (1,500 word equivalent)20 01, 02, 03, 04
End-of-Semester Assignment Problem (1,500 word equivalent)50 02, 03, 04
End-of-Semester Assignment Essay (1,000 word equivalent)20 01, 02, 05

City Campus, 2018, Semester 1, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorJeffrey Barnes

Class requirements

Lecture/Seminar Week: 10 - 22
One 2.0 hours lecture/seminar per week on weekdays at night from week 10 to week 22 and delivered via blended.

WorkShop Week: 10 - 22
Two 4.0 hours workshop per study period on weekends during the day from week 10 to week 22 and delivered via face-to-face.

Unscheduled Online Class Week: 10 - 22
One 4.0 hours unscheduled online class per study period on weekdays during the day from week 10 to week 22 and delivered via online.

Assessments

Assessment elementComments% ILO*
Online Quiz (750 word equivalent)10 03
Tutorial and Workshop Participation and Assignment (1,500 word equivalent)20 01, 02, 03, 04
End-of-Semester Assignment Problem (1,500 word equivalent)50 02, 03, 04
End-of-Semester Assignment Essay (1,000 word equivalent)20 01, 02, 05