law2sta statutory interpretation
STATUTORY INTERPRETATION
LAW2STA
2017
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
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 previously unfamiliar legislation and extrinsic materials, including case law
- 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 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:
- 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
Select to view your study options…
Melbourne, 2017, Semester 1, Blended
Overview
Online enrolmentYes
Maximum enrolment sizeN/A
Enrolment information
Subject Instance Co-ordinatorJeffrey 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* |
|---|---|---|---|
| End-of-Semester Assignment, maximum 2,200 words* | *Passing the Assignment is a hurdle. If a student obtains a mark of 50 or more marks out of 100 for the subject overall but does not obtain 50% or more for the End-of-Semester Assignment, the student receives an SAHA grade. The University Policy, 'Hurdles Procedures - Additional (Supplementary) Assessment', then applies. | 65 | 01, 02, 03, 04 |
| Online quizzes (1500 words equivalent) | Multiple choice | 25 | 03 |
| Tutorial assignment (maximum 800 words in total) | 10 | 01, 02, 03, 04 |