LAW5443 Language, communication and legal process
Faculty of Law
LAW5443 Language, communication and legal process is a level 5, 6-credit-point, postgraduate unit from the Faculty of Law, offered in 2020 in Semester 2 at Monash Law Chambers. It has no prerequisites.
- Credit points
- 6
- Offered in 2020
- Semester 2
- Monash Law Chambers
- Assessment
- Exam 50%
- and 1 other task
This is the 2020 handbook entry. See the 2027 entry.
Reviews
No reviews yetNo reviews yet. Be the first to review LAW5443.
Overview
Legal process depends on language, oral and written. This unit focuses on the role and the effectiveness of language in the legal process.
Topics studied include:
- the history and complexity of legal language;
- language in statutes, contracts and other instruments and its interpretation;
the plain language movement;
- the importance of language in investigation and preparation (police cautions and interviews, lawyer interviews, preparation of witness statements and affidavits);
- language in courtroom and other proceedings (examination of witnesses;
- communication with juries, oral and written submissions);
- language in mediation;
- communication with people without English or with low competency in English (interpreters, unrepresented litigants, cross-cultural communication, Aboriginal people, children); and
- linguists as experts (authorship identification, voice recognition, phonetics, language identity, suicide notes and ransom notes etc, trade marks).
Offerings in 2020
| Teaching period | Campus | Mode |
|---|---|---|
| Second semester | Monash Law Chambers | On campus |
Assessment
- Research assignment (3750 words)50%
- Take home exam (3750 words)50%
Learning outcomes
When you finish this unit, you should be able to:
- 1
Apply knowledge and understanding of the way in which legal language has developed, and of current developments, and use that knowledge and understanding creatively and with initiative in a variety of legal processes and work settings;
- 2
Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to approaches to statutory construction and in relation to other forms of legal communication, such as interviews, transcripts, evidence, affidavits and arguments;
- 3
Evaluate critically the effectiveness of different forms of legal communication and language in varied adversarial and non-adversarial settings, including courts, tribunals and mediations, and with interpreters, non-standard English speakers and expert witnesses;
- 4
Recognise and evaluate critically issues of communication in judges' direction to juries, questioning of witnesses and oral and written arguments;
- 5
Conduct research and present original work in relation to legal language and communication based on knowledge of appropriate research principles; and
- 6
Use cognitive, technical and creative skills to generate and evaluate at an abstract level, and at a high level of competence, complex ideas and concepts relevant to legal language and methods, particularly in relation to: effective interviews of clients and witnesses; witness statements and affidavits; oral arguments; communications with unrepresented litigants; cross-cultural communication; vulnerable people in the legal process, including Aboriginal people and children; and the techniques and reasoning used in expert linguistic evidence.
Workload and teaching
- Seminars24 hours
- Teaching approachActive learning
24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)
Learning resources
Required resources
See the Moodle unit page for prescribed and recommended resources. Prescribed texts are usually available for purchase through the University Bookstore and are sometimes available for short-term loan or as eBooks through the library.
Where it fits
LAW5443 is part of 1 area of study in the 2020 handbook.
Contacts
- Chief Examiners
- The Hon Professor Peter Gray AM
Common questions
What are the prerequisites for LAW5443?
LAW5443 has no prerequisites.
When is LAW5443 offered?
In 2020, LAW5443 runs in Semester 2 at Monash Law Chambers.
Does LAW5443 have an exam?
Yes. The exam is worth 50% of the final mark, alongside 1 other task.
Which majors and minors include LAW5443?
LAW5443 is part of Dispute resolution.