-Week1-2--intro.ppt

AUSTRALIAN LEGAL SYSTEM(ALS) Welcome! Tuesday 2pm-4pm LT1 Wednesday 10am-11am LT1 Library Research Seminars start in week 1 ALS tutorials start in week 2 AUSTRALIAN LEGAL SYSTEM(page 5 of course outline) Bond University Course Outline and materials – 3rd floor Chisholm and Nettheim Understanding Law (6th ed) Cook et al Laying Down the Law (6th ed) Australian Constitution (at back of dictionary) Concise Australian Legal Dictionary Australian Guide to Legal Citation AUSTRALIAN LEGAL SYSTEM(page 6 of course outline) Tutorials 20% Written Assignments 20% Court Report 0% Negotiation Workshop 10% Library Skills 10% Exam 40% “For what purposes should what be taught in what sequence to whom by whom using what methods in what milieux with what resources and with what feedback?”(Twining expanded) What knowledge/Skills/Attitudes could/should be emphasised in this course? Doctrinal rules – rule manipulation skills (MIRAT) Policy rules, balances and effectiveness Procedure, tactics and ethics in litigation Sociology of the profession; how lawyers behave Psychology Grief process Dynamics of conflict Psychology of being an ‘expert’ Skills – particularly interviewing, advice-giving, negotiating, drafting, basic advocacy. 6 STYLES OF LEARNING CONCRETE ANALYTICAL COMMUNICATIVE AUTHORITATIVE REFLECTIVE OBSERVATION ACTIVE EXPERIMENTATION DIFFERENT EMPHASIS IN (U.S.) “ACADEMIC” OR UNIVERSITY CULTURE (PER TWINING) STORY – LEARN DOCTRINE. LIBERAL ARTS AND “PRACTICAL” SKILLS ARE N.B.; BUT LEARN ELSEWHERE LANGDELL – CASE ANALYSIS AND SOME HISTORY OF CASES FOR “DEPTH”. NOT RULES BUT METHOD (PRIMARY SOURCES; PARTICIPATION AND SCEPTICISM) LLEWELLYN – DOCTRINE AND LIBERAL ARTS AND STUDYING LAWYERS AND SKILLS ARE SERVING THE POOR LASSWELL AND MCDOUGAL (L.S.P.) – TRAINING OF LEADERS AND GRAND POLICY MAKERS 5 TYPES OF LAW SCHOOL TEACHERS TRADITIONAL LEGAL SCHOLAR PRACTITIONER SCHOLAR CLINICAL LAW TEACHER INTERDISCIPLINARIAN ACTIVIST TEACHER 3 WAVES OF AUSTRALIAN LAW SC