Course Title: Perform legal research and prepare reports to meet identified needs

Part B: Course Detail

Teaching Period: Term2 2008

Course Code: JUST5137C

Course Title: Perform legal research and prepare reports to meet identified needs

School: 650T TAFE Business

Campus: City Campus

Program: C5130 - Diploma of Business

Course Contact : Theresa Lyford

Course Contact Phone: +61 3 9925 5444

Course Contact Email:theresa.lyford@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Andrew Webster

Level 13 Building 108, 239 Bourke Street Melbourne

Phone 9925 5458
//
Fax 9925 1526

Email : Andrew.Webster@rmit.edu.au
Consultation Times 2.30 pm -4.30 pm Thursdays

Nominal Hours: 100

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

None

Course Description

This learning program covers BSALO501A Perform Legal Research and Prepare Legal Reports to Meet Identified Needs unit of competency from the Business Services training package.

If you are undertaking this course in Melbourne from semester 2, 2012 onwards your teacher will advise you if you require access to a computer for the course. It is recommended that you have access to a mobile computing device to allow greater flexibility in terms of where you can work on campus outside class times.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

BSALO501A Perform legal research and prepare reports to meet identified needs


Learning Outcomes


Not applicable


Details of Learning Activities

Learning Activities
The learning activities through which underpinning skills, knowledge and competency will be developed are based upon case law, real-life scenarios and simulated workplace environments.

Students will examine and research various aspects of the Australian legal system in class tutorials through prescribed exercises and assessment activities. Learning will be further enhanced through excursions to the courts, internet research and role playing.

Competency Based Assessment
Students will be provided with more than one opportunity to demonstrate competence. Competency based assessment is detailed below in “Assessment methods” and “Assessment Tasks”.

Assessment Methods
Assessment methods have been designed to measure achievement of each competency in a flexible manner over a range of assessment tasks.
Assessment will incorporate a variety of methods including court reports, case studies, a written assignment involving problem solving, in class exercises and homework. 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.

Where doubt exists as to the authenticity and/or originality of students’ work, students will be required to sit an oral examination on the relevant subject matter. The mark attained through the oral will be the final mark allocated for that assessment task.


Teaching Schedule

 Week Beginning
 Topic Element/Performance Criteria
Assessment
 Reading
1
07/07/08
Topic 1: Introduction to Law
1A: Concept of Law
  Text - Chapter 1
2
14/07/08
1B: Parliament  
 
3
21/07/08
1B: Parliament
1C: Court System
BSLAO 501A/01
BSLAO 501A/02
BSLAO 501A/03
Research Assignment: Weeks 2-4 (10%)Text - Chapter 2
Text - Chapter 3
4
28/07/08
1D: Common Law System- Statutory interpretation - Examples of statutes TPA & FTA 
Text - Chapter 2
Text - Chapter 4
5
04/08/08
1D: Common Law System
Topic 2: Tort of Negligence
2A: Introduction to Tort Law
 Submit draft of Research AssignmentText - Chapter 4
Text - Chapter 6
6
11/08/08
2B: Duty of Care
2C: Breach of Duty
 Research Assignment due to be submittedText - Chapter 6
Turner Chapter 28
7
18/08/08
2D: Damage
2E: Defences
2F: Vicarious Liability
BSLAO 501A/01
BSLAO 501A/02
BSLAO 501A/03
Court Report Weeks 1, 2, 5 & 6 (15%)
Text - Chapter 6
Turner Chapter 28
8
25/08/08
2G: Negligent Misstatement
Topic 3: Defamation
  Text - Chapter 6
Text - Chapter 7
 MidSemester Break 01/09/08 -05/09/08  
9
08/09/08
 Topic 4: Contract Law
4A: Introduction to contract
4B: Intention
 Court Report due to be submittedText - Chapter 8
Turner Chapter 2
and Chapter 4
10
15/09/08
4C: Agreement  Text - Chapter 8
Turner Chapter 3
11
22/09/08
4D: Consideration
4E: Capacity of parties
 Negligence case study - Weeks 5 to 8 (30%)
Text - Chapter 8
Turner Chapter 5
Text - Chapter 9
Turner Chapter 6
12
29/09/08
4F: Genuine Consent and relevant statutory provisions (Trade Practices Act)BSLAO 501A/01
BSLAO 501A/02
BSLAO 501A/03
BSLAO 501A/04
BSLAO 501A/05
Negligence case study due to be submitted
Text - Chapter 9
Turner Chapter 7
13
06/10/08
4F: Genuine Consent and relevant statutory provisions (TPA & FTA) & Legaltiy of Object  Text - Chapter 9
Turner Chapter 9
14
13/10/08
4G: Contents of contract including part V Div 2 & 2A (TPA) and Pt 2A (FTA)  Text - Chapter 9
Turner chapter 9
15
20/10/08
4H: Exclusion clauses, privity of contract
4I: Termination of discharge of a contract & remedies
4J: Frustration of Contract
4K: Breach on contract and Remedies
  Text - Chapter 10
Turner Chapters 9 - 13
16
27/10/08
REVISION BSLAO 501A/01
BSLAO 501A/05
Past exam papers
Text Chapters 1- 4, 6- 10
17
03/11/08
 EXAM
Weeks 1-15
Total 45%
 
18
10/11/08
Program review and evaluation   


Learning Resources

Prescribed Texts

Harvey, Callie. Cornerstones of Australian Law. second edition. Tilde Publishing: 2007. ISBN – 13: 978-0-7346-10-16-4


References

Turner, Clive. Australian Commercial Law, 25th edition. Thompson: Sydney: 2005.
Barron, Fundamentals of Business Law, McGraw Hill, 5th Edition

Vickery, Roger. Australian Business Law: Principles and Applications. 5th edition. Pearson/Prentice Hall: 2006. ISBN 0 7339 7259 4.


Other Resources


Overview of Assessment


Assessment will incorporate a variety of methods including class exercises, problem solving and homwork, Parliament and court reports including oral presentation, case studies, a written assignment involving problem solving based on a case study and a written test.


Assessment Tasks

Assessment 1 – Research Assignment (10%)

Students will be asked to research a particular area of the law, and submit a draft of the topic to be researched to the facilitator. Students will be required to research the various primary and secondary sources of information, including legislation, textbooks, web resources and newspapers. Students will need to demonstrate an ability to organise and analyse information into a report within set timelines. The written report must comply with business presentation requirements.

Assessment 2 – Court Report (15%)

Students will be required to visit the Melbourne Magistrates Court, County Court and Supreme Court during the semester. They will report back on three cases observed, via both a brief oral presentation and a written report on the proceedings of the cases observed.

Assessment 3 – Case Study (30%)

The case study will focus on the student’s problem solving ability. The scenario will simulate a real life situation, in the area of negligence and various legal data and information will need to be identified and used to analyse the fact situation. Students will need to apply both case law and legislation to advise the parties of the legal outcome.

Assessment 4 – Exam/class test (45%)


Students will be asked to complete multiple choice questions, short answer questions, extended answer questions and case study questions in order to demonstrate competency. The exam will be open book. As time limits are integral to efficiency in the workplace, the exam/class test must be completed within a given timeframe.


Assessment Matrix


 Element Performance Criteria
 Research assignment
 Case Study
 Court Report
 Exam/class test
BSALO501A/01
Identify specific legal data/information requirements
 Specific legal data/information needs are identified and criteria are established to assess proposed researchers ability to meet the identified needs.
 X X X X
  Research proposal/briefs prepared and activities are planned and prepared.
 X  X 
  Resources and technical requirements are identified
 X X X X
 
Research assignmentCase Study
Court Report
Exam/class test
BSALO501A/02
Supervise others to perform research
 Staff are selected and a meeting is arranged  X  
 Purpose of research, ensuing activities and presentation requirements are clearly outlined to staff X X 
  Options for obtaining the legal data.information are discussed and sources legal data/ information are identified X  X  X X
 Timelines are assigned to tasks and tasks are delegated to staff X  X 
BSALO501A/03
Review research
  Research assignment Case Study Court Report Exam/class test
  Information is checked to ensure that extracted details are acknowledged and recorded for copyright and other legal requirements
X
 
  Legal data/information is analyzed for relevance
X 
  Legal data/information is edited and collated to fit research and any relevant legal/ethical requirements
X  
BSALO501A/04
Prepare drafts
 Research assignmentCase StudyCourt ReportExam/class test
  Document is drafted to appropriate format taking into account precedent documents using appropriate language
 
  Legal data/information is presented according to firm’s policies and procedures and legal requirements
X
 
  Draft is evaluated against previously identified criteria and action is taken to address any identified gaps or deficits
  
  Meeting is arranged with instructing legal practitioner to review document
 
  Amendments are made where necessary
X
BSALO501A/05
Prepare final draft
 Research assignmentCase StudyCourt ReportExam/class test
  Key points are identified and executive summary prepared where appropriate
  
  Instructions are provided to staff  to prepare appendices, bibliography and Table of Contents as required
   
  Final draft is self checked and then presented to instructing legal practitioner for review and sign off
 
  Instructions are provided to staff to copy, collate and disseminate report as required
X  
      

Grading
GradeMarkDescription
HD>=80High Distinction (Competency Achieved)
DI70-79Distinction (Competency Achieved)
CR60-69Credit (Competency Achieved)
PA50-59Pass (Competency Achieved)
NN<50Fail (Not Yet Competent)
CANot ApplicableCompetency Achieved
NYCNot ApplicableNot Yet Competent

Other Information

E. ACADEMIC ADMINISTRATION PROCEDURES
Students who require general assistance should, in the first instance, approach their class teacher. Secondly, students should contact the course coordinator and lastly, the program coordinator.

Plagiarism
Plagiarism is the presentation of the work, idea or creation of another person as though it is your own. It is a form of cheating and is a very serious academic offence that may lead to expulsion from the University. Plagiarised material can be drawn from, and presented in, written, graphic and visual form, including electronic data and oral presentation. Plagiarism occurs when the origin of the material used is not appropriately cited. Is also occurs through enabling plagiarism, which is the act of assisting or allowing another person to plagiarise or to copy your own work. Please make sure you consider this carefully in completing all your work and assessments in this course and if you are unsure about whether you might have plagiarised, seek help from your teacher.

Examples of plagiarism include:
• Copying sentences or paragraphs word-for-word from one or more sources, whether published or unpublished, which could include but is not limited to books, journals, reports, theses, websites, conference papers, course notes, etc. without proper citation;
• Piecing together text from one or more sources and adding only linking sentences;
• Copying or submitting whole or parts of computer files without acknowledging their source;
• Copying a whole or any part of another student’s work; and
• Submitting work as your own that someone else has done for you.

For further information including “Plagiarism (and how to avoid it): Resources for Students” please refer to the Plagiarism section of the RMIT Policies, B. Students available at http://www.rmit.edu.au/corporate-governance

For information relating to the penalties for plagiarism and cheating, please refer to Regulation 6.1.1 Student Discipline available at http://mams.rmit.edu.au/j4lb68xx36oj1.pdf
Penalties include official reprimand, recording of a failure result or expulsion from the University.

Submission of written work/assessment
All of your written work must conform with RMIT’s guidelines “Written Reports And Essays: Guidelines For Referencing And Presentation In RMIT Business” which can be found at: http://mams.rmit.edu.au/s9sx559hurvc.rtf

All of your written assessment must be lodged by the due date in the format specified for the particular assessment task. Written assessment must have a footer containing: student number, student name, course code, title of assessment and teacher’s name.

Staple your assignment. Please do not place in plastic binders or plastic pockets.

Attach a signed Assignment Cover Sheet to each submission of written work or assessment. Cover Sheets are available near the lifts on Level 13 or from http://mams.rmit.edu.au/7ksj9bbov094.doc

You must keep a copy of your assignment/written work, which can be produced if the original is lost or damaged.

Supervised Assessment
Unless otherwise instructed by your class teacher, course coordinator or invigilator, the following conditions apply to your supervised assessments:
• All answers are written in blue or black pen only. Answers written in other colours or pencil will not be marked, excluding diagrams.
• The only materials which may be brought into the assessment room are blue or black pens, pencil, eraser and correction fluid. Items such as electronic dictionaries, mobile phones, and electronic devices, are not to be brought into the assessment room. It is a breach of assessment conditions to have any unauthorized materials or equipment in the assessment room.
• Assessment papers, questions and other material provided by the University are not to be removed from the assessment room.
• There is no communication of any kind with any person either inside or outside the assessment venue, apart from the assessment supervisor/invigilator or course teachers.

Special Consideration
You may apply for special consideration no later than 48 hours (2 working days) after the date of test/exam or due date for assessment. Forms are available from BTS Reception on Level 13 or from http://www.rmit.edu.au/student-records/studentforms Grounds for special Consideration may include illness, accident, bereavement etc. All supporting documentation must be included with your application. Completed forms must be addressed to the program coordinator and submitted to Reception on Level 13, Building 108.

The Business TAFE School does not have a Scheduled Deferred Exam Period. You will be notified of the date and time of deferred exams.

Return of Assessments
Assessments will be returned to you by one of the following methods (please ask your class teacher or course coordinator for further information):
1. Assignments/written work will be returned to you
• During class/lecture times
• By post if you attach a stamped, self-addressed A4-sized envelope to your assignment
2. In-class tests will be returned to you for individual consultation with your teacher; the teacher may then re-collect the tests which are to be retained by the Business TAFE School.
3. You may view your marked exam papers upon request. Exam papers will be retained by the Business TAFE School.

Variations to Assessment
A change will not be made to the form or forms of assessment as detailed in the Course Guide unless:
1. the students enrolled in that course have received notice in writing of the proposed change; and
2. the change is approved by the Head of School and not less than seventy percent of the students enrolled in that course.

Appealing Assessment
You are entitled to appeal assessment results. Any appeal should be submitted to the Program Coordinator not more than 20 days after receiving notice of the result for the assessment. Please refer to RMIT Policy – Appeal Against Assessment Result available at http://www.rmit.edu.au/corporate-governance

Late Submission of Work or Assessment
Only in cases of exceptional and genuine hardship (not including inconvenience or poor study planning), will limited extensions be considered. Students must lodge a completed Application for Extension Form before the official submission date for the work or assessment. Completed applications are be addressed to the course coordinator and submitted via Reception on Level 13, Building 108. Documentary evidence should be provided. Note: Extensions are not automatically granted.

Relevant previous study or work/life experience and credit in this course
RMIT University recognises nationally accredited or endorsed qualifications and Statements of Attainment issued to the student by other Registered Training Organisations (RTO’s).

Also, RMIT provides credit for work experience or other forms of life experience that match the learning outcomes/competencies of RMIT courses. You must provide evidence that is current, relevant valid, and verifiable that your experience matches the learning outcomes/competencies of the relevant course for which you are seeking credit. This evidence may include formal qualifications (certificates, etc); work samples; references; documents, etc.

To apply, you should obtain an RPL Information Sheet from BTS Reception on Level 13. Forms are also available at Reception or from the RMIT Website at http://www.rmit.edu.au/student-records/studentforms . You should complete the appropriate form (RPL and/or Credit Transfer), attach the relevant supporting documentation and submit to the Program Coordinator via Level 13 reception within one month of enrolling.

Attendance Requirements
RMIT encourages students to attend all scheduled classes to optimise academic success. In a number of regulatory and legislative circumstances, RMIT must monitor student attendance in order to comply with the requirements of external accrediting bodies.
Further information may be found at http://mams.rmit.edu.au/gcpysrjipiri.pdf

International Students:
If you are an onshore international student, you have agreed under the provisions of your student visa to attend at least 80% of your scheduled classes. RMIT monitors attendance for all TAFE programs and courses, and must comply with the requirements of the ESOS Act 2000. If you are an international student who does not attend scheduled RMIT classes for 5 consecutive days, RMIT MUST contact you to establish the reason for your absence. If a valid reason cannot be provided, RMIT MUST advise the federal Immigration Department of your non-attendance. In this case, your student visa may be revoked and you may be asked to leave Australia. Note: All international students are required to enrol full-time. Full-time is defined as 100% of a nominal program load as documented in the program curriculum. Exceptions may be approved by the Head of School or nominee only in special & specific circumstances.

Austudy Students:
It is important that you refer to the Austudy agreement that you signed for information about attendance. Contact Centrelink for further information. Note: “Full-time study means: a workload that is considered full-time by an approved institution (at least 75 per cent of the normal full-time student workload each semester)”.

Student Forms
Student forms such as Change of Personal Information, Appeals, Recognition of Prior Learning (RPL) and Enrolment Variation are available at http://www.rmit.edu.au/student-records/studentforms . Forms are also available from Reception on Level 13.

Assistance with Study
Students who require general assistance should, firstly approach their class teacher. Secondly, students should contact the course coordinator and lastly, the Program Coordinator.

Study Skills: The Learning Skills Unit provides free individual or group assistance to help students achieve their educational goals. Assistance is available in English language, Study Skills, Maths and Science. The LSU may be contacted by phoning 9925 5651 and is located in Building 108, Level 3, Rooms 37 or 39.

Managing a Disability: Students with a disability may contact the Disability Liaison Unit (DLU) on 9925 1089 (or TTY 9925 3673) for assistance. The unit is located in Building 11 (main city campus), Level B.

Issues for International Students: The Centre for International Students and Scholars has an ISIS Unit which provides centrally coordinated information, support and an advisory service for international students. The main office is located in Building 9, Level 1, Room 7 (City Campus) - phone 99253454. Further information is available at http://www.rmit.edu.au/isis

F. COURSE EVALUATION & FEEDBACK

You will receive ongoing feedback on your progress in the course. Feedback on assessment will be given in a timely manner. You will be informed about how to improve your performance in the competency/course and what you need to do to be deemed competent or to gain a pass in the assessment.
Feedback on the course itself is welcome at any time to the class teacher, course coordinator or program coordinator. Periodic course evaluation surveys are also conducted.

Note: All email communication will be sent to your RMIT email address.

G. LEARNING RESOURCES

This course does include a self-funded field trip to the Melbourne court district. This trip is mandatory as it forms the basis of the first assessment. The courts are located on the corner of William and Lonsdale Streets and are therefore in close proximity to Building 108. Students may walk or catch public transport to the courts, meaning that expenses remain minimal.


Essential resources

Access to an internet connected computer outside of class times is important in order to keep up to date with any notices posted on the hub. Internet connected computers are available in the Faculty of Business computer labs on level 3 of Building 108, 259 Bourke Street Melbourne.
It is preferred that written work submitted for assessment be word processed. As such, access to a computer and printer is necessary. It is recommended that you also download course materials and information from either the learning hub as printed versions are essential to your class participation.

Homework
Students will be required to undertake research and assessment practice outside of regular class times. Revision exercises and details regarding class preparation are provided to students to facilitate their learning in a self-paced manner. The expectation that students engage in independent learning forms part of the overall achievement of the competencies in this course. Students are reminded that they are expected to conduct an equal amount of time outside of class, researching and furthering their understanding of the concepts being taught, as they do in class to be deemed competent in this course.

Grading
A pass in each assessment will result in a grade for the student. Where a pass is achieved competency for that assessment is given. Where there are multiple assessments for a single competency the students must achieve competency (a pass) in each assessment to be deemed competent. Competency MUST be achieved in all assessments of the course for a graded result to be obtained.

Course Overview: Access Course Overview