LAW2STA
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 LAW1LIM AND Admission into; LBLX Bachelor of Laws (Complementary) LVLGE;LVLGEB Bachelor of Laws LVLUE;LVLUEB Bachelor of Laws LWLAS Bachelor of Laws/Bachelor of Asian Studies LWLAT;LWLATB Bachelor of Laws/Bachelor of Arts LWLBUSB Bachelor of Laws/Bachelor of Business LWLEE Bachelor of Laws/Bachelor of Electronic Engineering LWLINT Bachelor of Laws/Bachelor of International Relations LWLMC Bachelor of Laws/Bachelor of Media and Communication LWLPY;LWLPYB Bachelor of Laws/Bachelor of Psychological Science LWLSC;LWLSCB Bachelor of Laws/Bachelor of Science LZCOML Bachelor of Commerce/Bachelor of Laws LZCRL#LZCRLB Bachelor of Criminology/Bachelor of Laws LBCR;LBCRB Bachelor of Criminology LZCPY;LZCPYB Bachelor of Criminology/Bachelor of Psychological Science LWLFI Bachelor of Laws / Bachelor of Finance LWLF Bachelor of Laws/Bachelor of Finance LWLM Bachelor of Laws/Bachelor of Media LWLA LWLAC Bachelor of Laws/Bachelor of Accounting LWLBUS Bachelor of Laws/Bachelor of Business LWLE LWLEC Bachelor of Laws/Bachelor of Economics LWLIR Bachelor of Laws/Bachelor of International Relations LWLFI Laws/Finance LWLAC Laws/Accounting LWLBUS (BU) Laws/Business
Co-requisitesN/A
Incompatible subjects LAW3ASI
Equivalent subjectsN/A
Special conditionsN/A
Learning resources
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Statutory Interpretation Supplementary Materials, relevant year | Prescribed | J Barnes | LA TROBE UNIVERSITY |
| Readings | Understanding Common Law Legislation: Drafting and Interpretation | Prescribed | F A R Bennion | OXFORD: OUP, 2009 |
| Readings | Statutory Interpretation Principles | Recommended | Perry Herzfeld and Thomas Prince | SYDNEY: THOMSON REUTERS, 2014 |
| Readings | Cross on Statutory Interpretation,3rd Edition | Preliminary | J Bell and G Engle, | 1995 BUTTERWORTHS |
| Readings | Columbia Law Review 527 | Preliminary | F 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(Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
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(Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
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(Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
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(Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
Subject options
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Melbourne, 2018, Semester 1, Blended
Overview
Online enrolmentYes
Maximum enrolment sizeN/A
Enrolment information
Subject Instance Co-ordinatorJeffrey Barnes
Class requirements
TutorialWeek: 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.
LectureWeek: 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 element | Comments | % | 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 a | 65 | 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 o | 10 | 01, 02, 03, 04 |