Course Title: Make decisions in a legal context

Part B: Course Detail

Teaching Period: Term2 2011

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

Ann Brownell - Teacher
Building 108.14.62
email - ann.brownell@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. Identify the main roles and responsibilities of the key bodies in the legal system

Performance Criteria:

1.1 The functions of the courts and other regulatory bodies are identified

1.2 Implications of relevant legislation are identified and applied in regard to making decisions

1.3 Implications of common law, including negligence and contract, employment law and business structures, are identified and applied in regard to making decisions

Element:

2. Identify compliance requirements

Performance Criteria:

2.1 Requirements are interpreted accurately and within prescribed time limits

2.2 Requirements are reviewed in a comprehensive manner

2.3 Sources are constantly reviewed to remain informed of changes and amendments to statutes and finance industry requirements

Element:

3. Develop procedures to ensure compliance

Performance Criteria:

3.1 Procedures are developed in consultation with others to address all the requirements to be met for compliance

3.2 Compliance requirements are monitored to ensure that they are adhered to by the organisation

3.3 Timetables to meet compliance requirements are established to align with statutory deadlines


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

 Week Week CommencingTopics Elements Learning Activities
 1 4th July

 Topic 1: Introduction to Law
 1A: Concept of law

 1B: Common Law System

 FNSACCT404B/01 Analyse newspaper reports
 Tutorial activities
 2 11th July

 1B: Common Law System

 1C: Court System

 FNSACCT404B/01

 Analyse a judgement

 Tutorial activities

 Complete a table of court jurisdictions

 3 18th July

 1D: Parliament

 FNSACCT404B/01 Discuss answering technique
 Tutorial activities
 4 25th July

 1D: Parliament

Topic 2: Tort of Negligence

 2A; Introduction to Tort law

 FNSACCT404B/01
 FNSACCT404B/02
 Compare and contrast torts and   crimes
 Tutorial activities
 5 1st August

 2B: Duty of Care

 2C: Breach of Duty of Care
 2D: Damage 

 FNSACCT404B/01
 FNSACCT404B/02
 Complete case studies
 Tutorial activities
 6 8th August 2E: Defences
 2F: Vicarious Liability
 2G: Negligent misstatement/profesional negligence

 FNSACCT404B/01
 FNSACCT404B/02

 Complete case studies

 Tutorial activities

 7

 15th August

 2H: Misleading and Deceptive Conduct - Competition and Consumer Act (formerly Trade Practices Act)

Topic 3: Contract Law

 3A: Introduction to Contract

 

 FNSACCT404B/01
 FNSACCT404B/02
 Discuss differences between statutory requirements and common law principles
 Revise for test
 8 22nd AugustAssessment 25% - Class Test -

Topics 1 and 2 (Open Book).

 3B: Intention to create Legal Relations
 FNSACCT404B/01
 FNSACCT404B/02
 Complete test  (Open Book) - 25%
Mid Semester Easter Break (Mon 29 August - Fri 2 September 2011)
 9 5th September

 3C: Agreement 
 3D: Consideration

 3E: Capacity

 FNSACCT404B/01
 FNSACCT404B/02
 
 Tutorial activities
 1012th Septemberl

 3F: Genuine Consent

 3G: Legality of Object

 

 FNSACCT404B/01
 FNSACCT404B/02
 Complete case studies and discuss forthcoming case study assessment
 Tutorial activities including structure of practice case studies.
 11 19th September Topic 4: Commercial law
 4A: Business Structures, Company Law
 FNSACCT404B/01
 FNSACCT404B/02
 Complete case studies, discuss distributed case study assessment  - 35%
Tutorial exercises
 12 26th September 4B: Role of ATO, ACCC, ASIC and ASX.
 
 FNSACCT404B/01
 FNSACCT404B/02
 Case Study to be submitted - 35%
 Tutorial activities.
 13 3rd October 4C: Financial Services Reform Act

 FNSACCT404B/01
 FNSACCT404B/02

FNSACCT404B/03

 
 In class assessed Exercise 1 on Business structures, company Law and Role of ATO, ACCC, ASIC and ASX, 10% -    (Open Book).
 14 10th October4D: Internal Controls - company policies and procedures.

 FNSACCT404B/01
 FNSACCT404B/02

FNSACCT404B/03

 In class assessed Exercise 2 on Financial Services Reform Act - 10%, (Open Book).
 15 17th October 4E: Introduction Anti Discrimination, Privacy Act, Consumer Credit  FNSACCT404B/01
 FNSACCT404B/02
 FNSACCT404B/03
 In class assessed exercise 3 on Internal Controls - company controls and procedures - 10%, (Open Book).
 16 24th October Assessment FNSACCT404B/01
 FNSACCT404B/02
 FNSACCT404B/03
 In class assessed exercise 4 on Introduction Anti Discrimination, Privacy Act, Consumer Credit - 10%, (Open Book). 
 17 31st October Resits, deferred assessments and feedback FNSACCT404B/01
 FNSACCT404B/02
 FNSACCT404B/03
 


Learning Resources

Prescribed Texts

Vickery and Pendleton Australian Business Law (6th Edition). Pearson: Frenches Forest (2010). ISBN9780733991622


References

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

Harvey, Callie. Cornerstones of Australian Law (3rd edition). Tilde: Manly (2009)


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 accumulated 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 TaskMarksElements
Test (open book)
20%1 and 2
Research assignment - Case study40%1, 2 and 3
Assessed In-class Exercises (open book)
(Four exercises.  Each 10%)
40% 2 and 3

TopicsRequired Knowledge and Skills
1 - Introduction to Law 1.1 - 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

2.5 Assess impact of legislation, particularly the Competition and Consumer Act, (formerly the Trade Practices Act), upon the common law concept of negligence.

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 -Commercial Law

4.1 - Identify necessary control procedures and policies to be implemented by companies, businesses

4.2 - Describe different types of business structures

4.3 - Explain how business entities incur liability under contract/tort 
4.4 - Compare and contrast business structures, particularly companies

4.5 - Identify as to how to advise a client on the most appropriate structure for their needs 
4.6 - Analyse operation and effect of the Financial Services Reform Act.

4.7 - Identify the regulatory roles played by ATO, ASIC, ACCC and ASX.

4.8 - Explain Anti discrimination laws, Privacy Act, Consumer Credit legislation.

4.9 -  Advise on potential breaches of these laws

  


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