OVERALL STAGE 2 OUTCOMES

OVERALL STAGE 1 OUTCOMES OVERALL STAGE 2 OUTCOMES OVERALL STAGE 3 OUTCOMES OVERALL COURSE OUTCOMES On successful completion of all units undertaken in Stage 1 JD, students should demonstrate: On successful completion of all units undertaken in Stage 2 JD, students should demonstrate On successful completion of all units undertaken in Stage 3 JD, students should demonstrate: On successful completion of all units undertaken in the JD, students should demonstrate: KNOWLEDGE TLO 1(a) ADVANCED AND INTEGRATED UNDERSTANDING OF BODY OF KNOWLEDGE INCLUDING THE FUNDAMENTAL AREAS OF LEGAL KNOWLEDGE, THE AUST. LEGAL SYSTEM AND UNDERLYING PRINCIPLES AND CONCEPTS understanding of: - the Australian legal system and the foundations of Australian law; and - the substantive legal rules, principles and underlying concepts of Criminal Law (with an emphasis on Criminal Law in Western Australia); Contracts; Torts; Property; and Land Law; - the dynamics of conflict and Dispute Resolution processes; the fundamental principles of Public Law and the role and nature of Australian government institutions and constitutional sources of authority. An understanding of: - the fundamental principles of Equity and Trusts; Corporations Law; Remedies; Constitutional Law and Administrative Law; - the relationship between equity and the common law; - the difference between personal and proprietary remedies; - the distinctive features of public and private law doctrines and remedies; - certain non-judicial remedies, and remedial goals; - legal theory terminology, a range of theoretical legal scholarship, and the ethical frameworks underpinning law and legal practice. An understanding of the fundamental concepts and principles of Evidence, Procedure and Commercial Practice as well as an extensive, advanced and knowledge on a range of areas of law studied through the JD program and an ability to apply that understanding use that knowledge in responding to practical and substantive legal issues. understanding of a broad body of legal knowledge, principles and concepts across the compulsory and option units of the JD curriculum. - 1 -

TLO 1 (a) ADVANCED AND INTEGRATED UNDERSTANDING OF BODY OF KNOWLEDGE INCLUDING INTERNATIONAL & COMPARATIVE CONTEXTS A developing understanding of the relationship and interaction between Australian law and public and private International law. An understanding of comparative and international law perspectives in relation to: - the Cth Constitution and the relationship between international law and domestic law; - select equitable doctrines; - aspects of Administrative law; - the scholarship on legal theory from a variety of jurisdictions and cultures. An understanding of the: - the differences in State, interstate and Commonwealth rules of evidence and of the potential impact of international developments in the law of evidence; - differences in procedural mechanisms between Australian jurisdictions; - comparative, international, indigenous or conflict of laws methodologies and perspectives. understanding of international and comparative perspectives on a broad range of legal issues and areas: - across the compulsory and option units of the JD curriculum; and - within a compulsory option unit chosen from the international and comparative law stream of option units. - 2 -

TLO 1 (b) ADVANCED AND INTEGRATED UNDERSTANDING OF BODY OF KNOWLEDGE INCLUDING THE BROADER CONTEXTS IN WHICH LEGAL ISSUES ARISE A developing understanding of: - the place of the Australian legal system and Australian law in the world in the context of common and civil legal systems; - the historical, social, economic and political context in which law operates and legal disputes arise; - the relationships between the common law of contract and Equity, Contract Law and Restitution and common law and statutes. An understanding of: - the historical, social, economic, philosophic and/or political dimensions of Constitutional Law, Equity and Trusts, Administrative law and Corporations law; - the values and interests traditionally protected in Equity; - the importance of remedies to the overall functioning of private law; - the historical context of debates about the nature of law; draw on and apply complex and knowledge from Evidence, Commercial Practice and Procedure as well as a range of previously studied areas of law units in solving problems combining substantive and procedural legal problems. understanding of the historical, social, political and economic contexts in which law operates and legal disputes arise within the compulsory and option units of the JD curriculum. contextualise legal ethics within the wider field of moral philosophy. - 3 -

TLO 1 (d) ADVANCED AND INTEGRATED UNDERSTANDING OF BODY OF KNOWLEDGE INCLUDING CONTEMPORARY DEVELOPMENTS IN LAW AND ITS PROFESSIONAL PRACTICE An appreciation of and a critical approach to law reform and the ability to identify and critique contemporary developments in the law. An appreciation of and a critical approach to: - contemporary developments in Constitutional law; Equity and Trusts; Administrative law, Corporations law and Remedies; - evolving legal ethics and duties and the relevant regulatory frameworks. An appreciation of and critical approach to contemporary developments in and necessary and/or proposed reforms to Evidence and the practice of law. understanding of: - contemporary developments in the compulsory and option units; - the evolving legal ethics and duties and the relevant regulatory frameworks within which lawyers operate. A critical approach to necessary and/or proposed law reform initiatives. - 4 -

ETHICS & PROFESSIONAL RESPONSIBILITY TLO 1(c) ADVANCED AND INTEGRATED UNDERSTANDING OF PRINCIPLES AND VALUES OF JUSTICE AND ETHICAL PRACTICE IN LAWYERS ROLES An appreciation that law is a profession comprising ethical and responsibilities and the role of lawyers in the ethical conduct of criminal cases and dispute resolution. An appreciation of and critical approach to: - the concept and underlying rationale for legal ethics; - questions of law and justice as both theory and practice. understanding of and ability to respond to ethical and obligations and decision-making arising in the practice of law. understanding of ethical and obligations and decision-making relevant to the practice of law including an understanding of the principles and values of justice both in theory and in practice. - 5 -

TLO 2 (a) ADVANCED & INTEGRATED UNDERSTANDING OF APPROACHES TO ETHICAL DECISION MAKING understanding of: - legal and ethical frameworks in light of lawyers key duties to their clients and to the wider community; - the regulatory framework of ethical legal practice in the context of the role of lawyers in the administration of the system of justice. understanding of approaches to ethical decision making including an ability to recognise and reflect upon the ethical and issues that arise in civil procedure and in legal practice. understanding of, and a reflective and critical approach to, the alternative approaches to judgement and ethical decision making that arise in legal practice. identify - 6 -

TLO 2 (b) ABILITY TO RECOGNISE AND REFLECT UPON, & A DEVELOPING ABILITY TO RESPOND TO, ETHICAL ISSUES LIKELY TO ARISE IN PROFESSIONAL CONTEXTS. and critique: - the alternative ethical responses to legal issues and make appropriate, justified choices from the alternatives identified; - the lawyer s role in Dispute Resolution, the practical and ethical considerations arising in practice and lawyers responsibilities; - the obligations attending public sector operations and the broader social, moral and political dynamics that accompany legal practice in Public Law. identify and critique: - the social and ethical issues that arise in relation to minority group involvement in Administrative Law processes, the nature of competing obligations that attend public sector decisionmaking and the application of select equitable doctrines; - personal responses to ethical issues arising in practice; - the resources required to support conduct. identify: - the utility of legal precedents and the ethical aspects surrounding their use in practice; and - the ethical issues likely to arise in legal practice. identify, reflect upon and critique alternative ethical responses to a wide range of legal issues arising in contexts and to make appropriate justified choices from the alternatives identified. - 7 -

TLO 2 (c) ABILITY TO RECOGNISE AND REFLECT UPON THE PROF. RESPONSIBILITIES OF LAWYERS IN PROMOTING JUSTICE AND IN SERVICE TO THE COMMUNITY recognise, reflect on and evaluate: - appropriate and ethical responses to problems that may arise in legal practice; - developments in or affecting the law which promote justice and ethical practice; - their own attitudes to conflict and conflict resolution and the ethical tensions that arise in legal practice. recognise, reflect on and evaluate: - legal and ethical frameworks in light of lawyers key duties to their clients and to the wider community in the administration of justice; - the range of individual opinions and perspectives and the right of people to express them in controversy-rich areas of law. recognise, reflect on and evaluate: - the responsibilities of lawyers in promoting justice and in service to the community. recognise, reflect upon and evaluate: - legal and ethical frameworks in light of lawyers key duties to their clients and to the wider community in the administration of justice; - the responsibilities of lawyers in promoting justice and in service to the community; and - their own attitudes to conflict and conflict resolution and the ethical tensions that arise in legal practice. - 8 -

TLO 2 (d) DEVELOPING ABILITY TO EXERCISE PROFESSIONAL JUDGEMENT exercise judgement in relation to appropriate Dispute Resolution and what might best serve the client and the community. An understanding of: - the substance and application of conduct rules to practice; - contemporary and practical issues that arise in conducting litigation in the HCA. A developing ability to exercise judgement in law and to engage in the practice of law. A developing ability to engage as a legal in accordance with conduct rules and to exercise judgement in a range of practical contexts. - 9 -

THINKING SKILLS TLO 3 (a) IDENTIFY AND ARTICULATE COMPLEX LEGAL ISSUES analyse a hypothetical fact scenario and identify and articulate the relevant facts and legal issues raised. critically analyse a complex legal problem and identify and articulate the relevant facts and legal issues raised. critically analyse a complex legal problem and identify, from previously studied subject areas, the relevant cause/s of action and the evidentiary issues raised. identify and critically analyse the legal issues arising from complex legal problems across a wide range of subject areas in both private and public law. - 10 -

TLO 3 (b) APPLY LEGAL REASONING AND RESEARCH TO GENERATE APPROPRIATE JURISPRUDENTIAL AND PRACTICAL RESPONSES TO LEGAL ISSUES identify, interpret and apply fundamental and relevant legal principles in providing appropriate jurisprudential and practical responses to legal issues. - identify, interpret and apply fundamental and relevant legal principles; - locate, identify, critically analyse and apply primary and secondary legal materials; - identify and articulate current issues in legal ethics and apply different perspectives on those issues to critically thinking about the role of lawyers in administration of justice. An advanced ability to apply legal knowledge and reasoning to generate jurisprudential and practical legal responses to evidence, commercial structures and procedural problems. An advanced ability to apply legal knowledge and reasoning to generate appropriate jurisprudential and practical responses to complex legal issues across a wide range of subject areas arising within the compulsory and option units, including the capstone units, of the JD curriculum. - 11 -

TLO 3 (c) ENGAGE IN CRITICAL ANALYSIS AND MAKE REASONED AND APPROPRIATE CHOICES AMONGST ALTERNATIVES - read and analyse cases and legislation; - identify and apply the principles of statutory interpretation; - identify and apply the doctrine of precedent; - explain the relevance of authorities from different jurisdictions in resolving legal problems; - understand the evolution of law; - appreciate the interaction between the common law and statute; - generate and evaluate the alternative theoretical, legal, ethical and practical responses to legal issues and make appropriate, justified and reasoned choices from the alternatives identified. - engage critically with scholarship on legal theory; - defend or critique a theoretical perspective; - articulate detailed written advocacy style arguments on a legal problem in a contentious and uncertain area of Administrative Law; - critically read, analyse, and evaluate cases and secondary material at an advanced level; - understand differences in constitutional judicial methodology; - state, explain and apply competing views on constitutional legal principles and creatively approach constitutional issues to generate appropriate responses. - provide advice on Corporations Law problems by evaluating the most appropriate solution/s in a given fact scenario. engage in critical analysis and generate alternative legal options amongst which reasoned and appropriate choices can be made to: - make constructive recommendations for reform to evidence law and analyse evidence-based problems; - choose, evaluate and advise clients on appropriate commercial structures and generate procedural solutions to complex legal problems. engage in critical analysis and generate and evaluate alternative legal options amongst which reasoned and appropriate choices can be made across a wide range of subject areas arising within the compulsory and option units, including the capstone units, of the JD curriculum. - 12 -

TLO 3 (d) DEMONSTRATE SOPHISTICATED COGNITIVE AND CREATIVE SKILLS IN APPROACHING LEGAL ISSUES AND GENERATING APPROPRIATE RESPONSES - interpret statutes at an intermediate level; - undertake independent learning of legislation and case law in interpreting and applying fundamental legal principles to respond to legal issues; - critically evaluate and analyse the scope and operation of law in certain areas. - demonstrate cognitive and creative skills in approaching legal issues and generating appropriate responses to respond to those issues. - articulate detailed written advocacy style arguments; - identify and critically assess different theoretical views and arguments on legal issues; - analyse the relationship between ideas of the rule of law and theoretical positions on the nature of law; - creatively approach complex legal issues in company and constitutional law to generate appropriate responses to those issues. - understand and advise a client on available and appropriate commercial structures and the implications of choosing a particular structure; - apply cognitive and creative skills in generating procedural solutions for resolving complex legal problems. Sophisticated, cognitive and creative skills in approaching complex legal problems and generating appropriate legal solutions across a wide range of subject areas arising within the compulsory and option units, including the capstone units, of the JD curriculum.. - 13 -

RESEARCH SKILLS DOC 4- UWA Law School - Student Learning Unit Outcomes Statements TLO 4 DEMONSTRATE THE INTELLECTUAL AND PRACTICAL SKILLS NEEDED TO JUSTIFY AND INTERPRET THEORETICAL PROPOSITIONS, LEGAL METHODOLOGIES, CONCLUSIONS AND PROFESSIONAL DECISIONS, AS WELL AS TO IDENTIFY, RESEARCH, EVALUATE AND SYNTHESISE RELEVANT FACTUAL, LEGAL AND POLICY ISSUES - use primary and secondary sources legal resources, in text and electronic form; - use appropriate legal citation styles; - conduct sociolegal research; - use legal research skills in developing a persuasive argument; - undertake independent research to identify, evaluate and synthesise relevant factual, legal and policy issues. - locate, collate, analyse and apply primary and secondary state, national and international legal resources; - trace the history of legislation; - engage in advanced legal research by locating and applying key resources in various areas of law; - use advanced legal research skills in independently researching analysing the material on an area of law and writing academic papers based on that research. - engage in legal (and related) research at an advanced level across a range of legal areas using primary and secondary sources, in text and electronic forms and use appropriate and correct citation method; - access relevant legal precedents and justify their use in decisionmaking. engage in legal (and related) research at an advanced level identifying, interpreting, justifying and evaluating relevant factual, legal and policy issues, theoretical propositions, legal methodologies and decisions across a range of legal areas. - 14 -

COMMUNICATION AND COLLABORATION DOC 4- UWA Law School - Student Learning Unit Outcomes Statements TLO 5 (a) COMMUNICATE IN WAYS THAT ARE EFFECTIVE, APPROPRIATE AND PERSUASIVE FOR LEGAL AND NON-LEGAL AUDIENCES - using plain English, write a clear, concise and critical research essay; case analysis; and opinion based on a hypothetical legal problem; - engage in effective, appropriate and meaningful oral communication for legal and non-legal audiences in class activities. - write clearly, concisely and persuasively using a logical structure, plain English, correct spelling, grammar and punctuation; - use appropriate authorities and accepted standards of legal referencing; - communicate effectively, appropriately and meaningfully, both orally and in writing, legal arguments, conclusions and opinions, evaluations of prospects, critical assessments of the law and ideas for reform; - take a leading role in class discussions by presenting information and by asking and answering questions. A well-developed ability to communicate effectively, appropriately and persuasively for legal and non-legal audiences including: - in drafting documents relevant to court actions proceedings, commercial and corporate transactions - corresponding with clients and other lawyers; - in participating in a oral communicationbased simulated practical courtroom exercise. A welldeveloped ability to communicate effectively, appropriately and persuasively both orally and in writing in and for a wide range of contexts and purposes, for legal and nonlegal audiences. - 15 -

TLO 5 (b) COLLABORATE EFFECTIVELY collaborate ly and effectively within a group and between groups. work collaboratively in a team in: - researching a particular area of Trusts law and reflecting on and presenting the outcome of that research and collaborative selflearning in a coauthored clear and concise written paper, including a reflective summary on the collaboration process; - problem-solving in theory and legal ethics; - developing a preparedness to engage with colleagues, clients and regulators on issues of legal ethics. collaborate ly and effectively in: - leading tutorial discussions; - using appropriate advocacy skills in tutorial discussion; - identifying relevant rules of evidence and applying those rules to prove a client s case or disprove an opponent s case; preparing written submissions; preparing material for oral presentation; and presenting orally using appropriate court etiquette and basic courtroom practice in a moot, trial advocacy or similar simulated oral communication-based exercise. work together and collaborate effectively and ly in a range of assessed and unassessed tasks in formal and informal contexts. - 16 -

SELF-MANAGEMENT DOC 4- UWA Law School - Student Learning Unit Outcomes Statements TLO 6 (a) LEARN AND WORK WITH A HIGH LEVEL OF AUTONOMY, ACCOUNTABILITY AND PROFESSIONALISM - manage their time effectively by being properly prepared for all classes, meeting assignment deadlines and complying with other learning and assessment instructions; - independently research, prepare and present a succinct and persuasive legal argument at an introductory level. - manage their time effectively by being properly prepared for and participating in class discussions, meeting assignment deadlines and complying with other learning and assessment instructions; - engage in independent learning in select areas of law; - be accountable and in the leadership of tutorial discussions. : - manage their time and work autonomously and ly in meeting assignment deadlines and complying with other assessment instructions; - work independently and ly in following client instructions and carrying the conduct of a client file. An advanced level of accountability, autonomy and ism in managing their time, preparing for and completing a range of assessment tasks and other allocated work, and in interacting with peers and teachers. - 17 -

TLO 6 (b) REFLECT ON AND ASSESS THEIR OWN CAPABILITIES AND PERFORMANCE, AND MAKE USE OF FEEDBACK AS APPROPRIATE, TO SUPPORT PERSONAL AND PROFESSIONAL DEVELOPMENT - reflect on, consolidate and apply their learning and to receive feedback from peers and teachers; - participate appropriately and responsibly in small group discussions in which peer and teacher feedback is given; - critically reflect on personal and attitudes and assumptions relating to the law, the legal system and to Dispute Resolution; - reflect, in writing, on general feedback provided on the final exam to support personal and development. - participate appropriately and responsibly in small group discussions in which peer and teacher feedback is given; - critically reflect on and assess their performance in formal assessments through engagement with a range of feedback opportunities; - engage in critical reflection of their understanding of theoretical and ethical issues and the internalisation of an ethical perspective on legal practice. reflect on their performance and use feedback provided in supporting their own personal and development. reflect on and evaluate their capabilities and performance in assessed and unassessed work and class contributions and to use a wide range of formal and informal feedback provided by teachers and peers in supporting their own personal, academic and development. - 18 -