STATUTORY INTERPRETATION

LAW5SIN

2020

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 (Pre 2022)

Credit points: 15

Subject Co-ordinator: Jeffrey Barnes

Available to Study Abroad/Exchange Students: Yes

Subject year level: Year Level 5 - Masters

Available as Elective: No

Learning Activities: Workshop paper and presentation; End-of-Semester Assignment Essay. Tutorials and workshop paper and presentation.

Capstone subject: No

Subject particulars

Subject rules

Prerequisites: LAW5PTO AND LAW5PMI

Co-requisites: LAW5CSL

Incompatible subjects: N/A

Equivalent subjects: N/A

Quota Management Strategy: N/A

Quota-conditions or rules: N/A

Special conditions: N/A

Minimum credit point requirement: N/A

Assumed knowledge: N/A

Learning resources

Statutory Interpretation Principles

Resource Type: Book

Resource Requirement: Prescribed

Author: P Herzfeld and T Prince

Year: N/A

Edition/Volume: Latest

Publisher: Thomson Reuters

ISBN: 9781760021528

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Understanding Common Law Legislation: Drafting and Interpretation

Resource Type: Book

Resource Requirement: Prescribed

Author: F A R Bennion

Year: N/A

Edition/Volume: Latest

Publisher: OUP

ISBN: 978019964101

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Career Ready

Career-focused: No

Work-based learning: No

Self sourced or Uni sourced: N/A

Entire subject or partial subject: N/A

Total hours/days required: N/A

Location of WBL activity (region): N/A

WBL addtional requirements: N/A

Graduate capabilities & intended learning outcomes

Graduate Capabilities

COMMUNICATION - Communicating and Influencing

Intended Learning Outcomes

01. Be able to analyse and discuss the theoretical literature on statutory interpretation
02. Be able to analyse and assess cases on statutory interpretation.
03. Be able to interpret legislation in a fully informed way.
04. Be able to write a legal opinion on statutory interpretation in a form that approximates the standard expected of a newly qualified lawyer.
05. Be able to demonstrate knowledge of the law and practice of statutory interpretation that is informed by statutory interpretation theory

City Campus, 2020, Semester 1, Blended

Overview

Online enrolment: Yes

Maximum enrolment size: N/A

Subject Instance Co-ordinator: Jeffrey Barnes

Class requirements

Lecture/SeminarWeek: 10 - 22
One 2.00 hours lecture/seminar per week on weekdays at night from week 10 to week 22 and delivered via blended.

Unscheduled Online ClassWeek: 10 - 22
One 4.00 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.

WorkShopWeek: 10 - 22
Two 4.00 hours workshop per study period on weekends during the day from week 10 to week 22 and delivered via face-to-face.

Assessments

Assessment elementCommentsCategoryContributionHurdle%ILO*

Online Quiz (600 word equivalent)

N/AQuizzesIndividualNo10SILO3

Practice Assignment (1,600 word equivalent)

N/AAssignmentIndividualNo30SILO1, SILO2, SILO3, SILO4, SILO5

End-of-Semester Assignment (2,800 word equivalent)

N/AAssignmentIndividualNo60SILO1, SILO2, SILO3, SILO4, SILO5

City Campus, 2020, Semester 2, Blended

Overview

Online enrolment: Yes

Maximum enrolment size: N/A

Subject Instance Co-ordinator: Jeffrey Barnes

Class requirements

Lecture/SeminarWeek: 31 - 43
One 2.00 hours lecture/seminar per week on weekdays at night from week 31 to week 43 and delivered via blended.

Unscheduled Online ClassWeek: 31 - 43
One 4.00 hours unscheduled online class per study period on any day including weekend at night from week 31 to week 43 and delivered via online.

WorkShopWeek: 31 - 43
Two 4.00 hours workshop per study period on weekends during the day from week 31 to week 43 and delivered via face-to-face.

Assessments

Assessment elementCommentsCategoryContributionHurdle%ILO*

Online Quiz (600 word equivalent)

N/AQuizzesIndividualNo10SILO3

Practice Assignment (1,600 word equivalent)

N/AAssignmentIndividualNo30SILO1, SILO2, SILO3, SILO4, SILO5

End-of-Semester Assignment (2,800 word equivalent)

N/AAssignmentIndividualNo60SILO1, SILO2, SILO3, SILO4, SILO5