This is a foundational subject in the Melbourne Law Masters (MLM), which is compulsory for graduates in disciplines other than law and for law graduates from countries with a non-common law system. It provides students with an opportunity to acquire the foundational legal skills necessary for studying and working in a common law system, such as that in Australia.

The common law forms one of the two principal systems of Western law that, through colonisation, have spread throughout the world. Common law systems have a distinctive approach to understanding the sources of law, the role of law-making institutions, and processes for resolving disputes. These characteristics of the common law system have had a profound effect on the development not only of the societies in the countries in which it applied, but also on international law and practice.

The aim of this subject is to acquire basic foundational legal skills that will assist you with other subjects in the MLM program. The subject teaches students how to read, use and interpret reported cases and legislation. The subject explains the sources of law, what influences them, and how they influence the development of the common law. These aims are given in context of some contemporary debates on common law reasoning by assessing the role of the High Court of Australia. The subject focuses on developing skills in analysis and legal writing, the tools of the common lawyer

Principal topics include:

How to read and analyse a case
The concept and use of precedent
Evolution of a common law principle
Common law issues: judicial activism, separation of powers
The role of the High Court and an overview of the Constitution
The relationship between the Constitution, case law and statute law
Influences of other sources of law on the common law
How to read and analyse statutes
Approaches to statutory interpretation
Legal writing skills and expectations in the MLM program.

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Master of Private Law

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Entry requirements for the Master of Private Law

English Language Criteria