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 |
Element: |
2. Identify compliance requirements |
Performance Criteria: |
2.1 Requirements are interpreted accurately and within prescribed time limits |
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 |
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 Commencing | Topics | Elements | Learning Activities |
1 | 4th July |
Topic 1: Introduction to 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 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 |
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 August | Assessment 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 3E: Capacity |
FNSACCT404B/01 FNSACCT404B/02 |
Tutorial activities |
10 | 12th 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/03 |
In class assessed Exercise 1 on Business structures, company Law and Role of ATO, ACCC, ASIC and ASX, 10% - (Open Book). |
14 | 10th October | 4D: Internal Controls - company policies and procedures. |
FNSACCT404B/01 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 Task | Marks | Elements |
Test (open book) |
20% | 1 and 2 |
Research assignment - Case study | 40% | 1, 2 and 3 |
Assessed In-class Exercises (open book) (Four exercises. Each 10%) |
40% | 2 and 3 |
Topics | Required 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 2.5 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 4.5 - Identify as to how to advise a client on the most appropriate structure for their needs 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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