Course Title: Make decisions in a legal context

Part B: Course Detail

Teaching Period: Term2 2009

Course Code: JUST5158C

Course Title: Make decisions in a legal context

School: 650T TAFE Business

Campus: City Campus

Program: C4169 - Certificate IV in Financial Services (Accounting)

Course Contact : Andrew Webster

Course Contact Phone: +61 3 9925 5458

Course Contact Email:andrew.webster@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Andrew Webster - Course  Co - Ordinator
Building 108.13.13, ext 55458
email  andrew.webster@rmit.edu.au

Matt Nichol - Teacher
Building 108.14.62
email   matt.nichol@rmit.edu.au

Nominal Hours: 60

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Pre-requisites and Co-requisites

There are no pre-requisites for this course.

Course Description

This unit covers the competency to work and make appropriate decisions within a legal context.  This unit requires the application of skills and knowledge required to identify the main roles and responsibilities of key bodies in the legal system, understand key legal principles, identify business structures and compliance requirements, and ensure compliance.  This unit has application across all sectors of the financial services industry.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

FNSACCT404B Make decisions in a legal context

Element:

1. Develop procedures to ensure compliance

Performance Criteria:

1.1 Develop procedures to address all the requirements to be met for compliance.
1.2 Monitor compliance requirements to ensure that they are adhered to by the organization.
1.3 Establish timetables to meet compliance requirements to align with statutory deadlines.

Element:

2. Identify compliance requirements

Performance Criteria:

2.1 Interpret requirements accurately and within prescribed time limits.
2.2 Review requirements in a comprehensive manner.
2.3 Review sources constantly to remain informed of changes and amendments to statutes and finance industry requirements.

Element:

3. Identify the main roles and responsibilities of the key bodies in the legal system

Performance Criteria:

3.1 Identify the functions of courts and other regulatory bodies.
3.2 Identify the implications of relevant legislation and apply in regard to making decisions.
3.3 Identify the implications of common law, including negligence and contract, employment law and business structures and apply in regard to making decisions.


Learning Outcomes



Details of Learning Activities

Each week students will be introduced to the legal theory related to each topic. A demonstration of the practical application of the theory will also be given.
by completing and discussing class exercises. This formative feedback will highlight to students the areas in which they may need to do more work to achieve competency.

Students will take an active role by reflecting upon and discussing key concepts, summarising key points, solving case studies, undertaking research, drafting and reviewing reports, and working co-operatively in a group environment.


Teaching Schedule

WeekTopicsElementsLearning Activities
 1
6th July
 Topic 1 :Introduction to Law
 1A: Concept of law
 FNSACCT404B/01 Analyse newspaper reports
 2
13th July
 1B: Court System
 FNSACCT404B/01 Analyse a judgement
 3
20th July
 1C: Common Law
 FNSACCT404B/01 Complete a table of court jurisdictions
 4
27th July
 1D: Parliament
 FNSACCT404B/01 Discuss answering technique
 5
3rd August
 Topic 2: Tort of Negligence
 2A: Duty of Care
 2B: Breach of Duty
 FNSACCT404B/01
 FNSACCT404B/02
 Compare and contrast torts and crimes
 6
10th August
 2C: Damage
 2D: Negligent Misstatement
 FNSACCT404B/01
 FNSACCT404B/02
 Complete case studies
 7
17th August
 2E: Defences
 2F: Vicarious Liability
 FNSACCT404B/01
 FNSACCT404B/02
 Revise for test
 8
24th August
 Assessment - Test
 FNSACCT404B/01
 FNSACCT404B/02
 Complete test
    
 9
7th September
 Topic 3: Contract Law
 3A: Introduction to Contract
 3B: Intention
 FNSACCT404B/01
 FNSACCT404B/02
 Discuss differences between statutory requirements and common law principles
 10
14th September
 3C: Agreement
 FNSACCT404B/01
 FNSACCT404B/02
 Complete case studies
 11
21st September
 3D: Consideration
 3E: Capacity
 FNSACCT404B/01
 FNSACCT404B/02
 Complete case studies and discuss assessment
 12
28th September
 3F: Genuine Consent
 3G: Legailty of Object
 FNSACCT404B/01
 FNSACCT404B/02
 Give feedback on drafts
 13
5th October
 Assessment - Case Study
 FNSACCT404B/01
 FNSACCT404B/02
 Submit case study responses
 14
12th October
 Topic 4: Law in the Workplace
 4A: Employment Law
 FNSACCT404B/01
 FNSACCT404B/02
 FNSACCT404B/02
 Analyse and debate the rights of workers
 15
19th October
 4B: Anti-Discrimination
 FNSACCT404B/01
 FNSACCT404B/02
 FNSACCT404B/02
 Discuss workplace policies and procedures
 16
26th October
 Topic 5: Business Structures
 FNSACCT404B/01
 FNSACCT404B/02
 FNSACCT404B/02
 Complete case studies
 17
2nd November
 Assessment - Test FNSACCT404B/01
 FNSACCT404B/02
 FNSACCT404B/02
 Complete assessment
 18
9th November
 Re-sits and Feedback
  Finalise results
    


Learning Resources

Prescribed Texts

Callie Harvey Foundations of Australian Law 2009 3rd Edition Tilde


References

Barron, M.L. Fundamentals of Business Law (6th Edition). McGraw Hill: Sydney 2009

Harvey, Callie. Cornerstones of Australian Law (2nd Printing). Ttilde: Manly (2006).

Roger Vickery Australian Business Law 5th Edition 2006 Pearson Prentice Hall


Other Resources


Overview of Assessment

Assessment may incorporate a variety of methods including technical requirements documentation, homework, assignments, group and/or individual projects, in class exercises, written and practical tests, problem solving exercises, presentations, direct observation of actual and simulated work practice, presentation of a portfolio of evidence.

Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant competency standards are being met. Students will be provided with feedback throughout the course to check their progress.


Assessment Tasks

Students must complete all assessments and achieve an accumulate mark greater than 50% to achieve a pass in this course.


Assessment Matrix

Given below in the assessment matrix is information that will help you to understand your assessment and relevant competencies.

Assessment TaskMarksTopics
Open-book test35%1 and 2
Research assignment - Case study30%3
Open-book test35%3, 4 and 5


TopicsRequired Knowledge and Skills
1 - Introduction to Law1.1 - Define what is meant by ’law’
1.2 - Identify the major sources of law
1.3 - Identify the categories of law
1.4 - Explain the doctrine of precedent
1.5 - Show how the doctrine of precedent operates within the courts
1.6 - List the steps involved in passing legislation
1.7 - Explain ADR
1.8 - Use legal terminology in correct contexts
 2 - Tort of Negligence
2.1 - Outline the basic nature of tort law
2.2 - Identify and apply the key elements of the tort of negligence
2.3 - Identify and apply the key defences
2.4 - Identify and apply vicarious liability
 3 - Contract Law
3.1 - Define a contract
3.2 - Explain the difference between formal and simple contracts
3.3 - Outline the six essential elements of a valid contract
3.4 - Explain the ways an apparent contract can become invalid
3.5 - Advise and report on contractual duties
3.6 - Report on potential breaches and advise on available remedies
 4 - Employment Law
4.1 - Identify types of employment relationships
4.2 - Explain how the employment relationship is created
4.3 - Discuss the duties of parties to each other
4.4 - Explain the liabilities and remedies of parties
4.5 - Discuss termination of employment
4.6 - Explain anti-discrimination laws
4.7 - Advise on potential breaches of anti-discrimination laws
 5 - Business Structures
5.1 - Describe the different types of business structures
5.2 - Explain how business entities incur liability under contract/tort
5.3 - Compare and contrast business structures
5.4 - Advise the clients on the most appropriate structure for their needs

Course Overview: Access Course Overview