Melbourne Law School The Melbourne JD

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Legal Method and Reasoning 733510

Subject Objectives

On completion of this subject, students should:

  • understand and be able to describe the institutional structure of Australian government and its implications for the legal system
  • understand and be able to engage in critical debate on the way in which common law reasoning operates, including an ability to:
    • extract important features from judgments
    • reconcile judgments
    • evaluate the development of legal principles
    • apply legal principles arising from case law to new situations
  • understand and be able to engage in critical debate on the way in which significant statutory regimes operate, including an ability to:
    • extract important features from statutes
    • use, interpret and apply statutory provisions to new situations
  • have acquired basic skills in legal analysis and problem-solving, on which subsequent subjects will build, including an ability to:
    • identify and analyse legal issues arising in new fact situations
    • demonstrate ways in which disputes can be resolved
  • Have a sound and reliable grasp of fundamental legal research skills, including an ability to:
    • find case law
    • find legislation
  • Have a grounding in legal writing skills, which them to:
    • identify and articulate legal principles, concisely and accurately
    • evaluate the significance and implications of legal rules and the issues to which they relate
    • provide advice on legal issues
  • have developed an enthusiasm for the study of law
  • have acquired an attitude to legal education which accepts pre-reading, reflection and class discussion as essential to learning.