STATUTORY INTERPRETATION

LAW2STA

2015

Credit points: 15

Subject outline

Statutory interpretation is the body of law governing the determination by the courts of the legal meaning and effect of legislation. This unit 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 the drafting of legal instruments, 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

Co-requisitesN/A

Incompatible subjects LAW3ASI

Equivalent subjectsN/A

Special conditions Must be admitted to any Bachelor of Laws UG degree or have permission from Law Director of Programs

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

Graduate capabilities & intended learning outcomes

01. Be able to locate previously unfamiliar legislation and extrinsic materials, including case law

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

02. Be able to analyse cases on statutory interpretation and show how they may assist in interpreting legislation

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

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:

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:

Subject options

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Start date between: and    Key dates

Melbourne, 2015, Semester 1, Day

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorJeffrey Barnes

Class requirements

Tutorial Week: 10 - 22
One 2.0 hours tutorial per week on weekdays during the day from week 10 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 2,200 words**If a student obtains a mark of 50% or more for the subject overall (the first requirement) and obtains a mark of 45% or more for the End-of-Semester Assignment (the second requirement), the student passes the subject. If a student satisfies the first requirement but not the second requirement, the student receives an SAHA grade. The University Policy, 'Hurdles Procedures - Additional (Supplementary) Assess70 01, 02, 03, 04
Online quizzes20 03
Tutorial assignments, maximum 2,000 words in total10 01, 02, 03, 04