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.
School: La Trobe Law School
Credit points: 15
Subject Co-ordinator: Jeffrey Barnes
Available to Study Abroad Students: Yes
Subject year level: Year Level 2 - UG
Exchange Students: Yes
Subject particulars
Subject rules
Prerequisites: LAW1LIM and LAW1PPL
Co-requisites: N/A
Incompatible subjects: LAW3ASI
Equivalent subjects: N/A
Special conditions: N/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)
Bendigo, 2019, Semester 1, Blended
Overview
Online enrolment: Yes
Maximum enrolment size: N/A
Enrolment information:
Subject Instance Co-ordinator: Jeffrey 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* |
|---|---|---|---|
| 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 enrolment: Yes
Maximum enrolment size: N/A
Enrolment information:
Subject Instance Co-ordinator: Jeffrey 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* |
|---|---|---|---|
| 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 |