STATUTORY INTERPRETATION

LAW2STA

2019

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 LAW1PPL

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 (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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Start date between: and    Key dates

Bendigo, 2019, 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*
Online quiz (600 words)10 03
Case analysis (600 words)15 02
Practice problem (600 words)15 01, 02, 03, 04
End-of-Semester Assignment (2400 words)60 01, 02, 03, 04

Melbourne, 2019, 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*
Online quiz (600 words)10 03
Case analysis (600 words)15 02
Practice problem (600 words)15 01, 02, 03, 04
End-of-Semester Assignment (2400 words)60 01, 02, 03, 04