STATUTORY INTERPRETATION
LAW5SIN
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. 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.
School: La Trobe Law School
Credit points: 15
Subject Co-ordinator: Jeffrey Barnes
Available to Study Abroad Students: Yes
Subject year level: Year Level 5 - Masters
Exchange Students: Yes
Subject particulars
Subject rules
Prerequisites: LEGAL PROCESS, METHODS AND INSTITUTIONS (LAW5PMI)
Co-requisites: CONSTITUTIONAL LAW (LAW5CSL)
Incompatible subjects: N/A
Equivalent subjects: N/A
Special conditions: N/A
Learning resources
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Understanding Common Law Legislation: Drafting and Interpretation | Preliminary | F A R Bennion, 2009 | OUP |
| Readings | Statutory Interpretation Principles | Recommended | P Herzfeld and T Prince, 2014 | Thompson 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(Writing)
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(Writing)
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(Writing)
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(Writing)
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(Writing)
City Campus, 2019, Semester 2, Blended
Overview
Online enrolment: Yes
Maximum enrolment size: N/A
Enrolment information:
Subject Instance Co-ordinator: Jeffrey Barnes
Class requirements
Lecture/SeminarWeek: 31 - 43
One 2.0 hours lecture/seminar per week on weekdays at night from week 31 to week 43 and delivered via blended.
WorkShopWeek: 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.
Unscheduled Online ClassWeek: 31 - 43
One 4.0 hours unscheduled online class per study period on any day including weekend at night from week 31 to week 43 and delivered via online.
Assessments
| Assessment element | Comments | % | ILO* |
|---|---|---|---|
| Online Quiz (600 word equivalent) | 10 | 03 | |
| Practice Assignment (1,600 word equivalent) | 30 | 01, 02, 03, 04, 05 | |
| End-of-Semester Assignment (2,800 word equivalent) | 60 | 01, 02, 03, 04, 05 |
City Campus, 2019, Semester 1, Blended
Overview
Online enrolment: Yes
Maximum enrolment size: N/A
Enrolment information:
Subject Instance Co-ordinator: Jeffrey Barnes
Class requirements
Lecture/SeminarWeek: 10 - 22
One 2.0 hours lecture/seminar per week on weekdays at night from week 10 to week 22 and delivered via blended.
WorkShopWeek: 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 ClassWeek: 10 - 22
One 4.0 hours unscheduled online class per study period on any day including weekend during the day from week 10 to week 22 and delivered via online.
Assessments
| Assessment element | Comments | % | ILO* |
|---|---|---|---|
| Online Quiz (600 word equivalent) | 10 | 03 | |
| Practice Assignment (1,600 word equivalent) | 30 | 01, 02, 03, 04, 05 | |
| End-of-Semester Assignment (2,800 word equivalent) | 60 | 01, 02, 03, 04, 05 |