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

Part B: Course Detail

Teaching Period: Term1 2007

Course Code: JUST5103C

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

School: 650T TAFE Business

Campus: City Campus

Program: C5179 - Diploma of Financial Services

Course Contact : Linda Kam

Course Contact Phone: 61 3 9925 1560

Course Contact Email:linda.kam@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Nominal Hours: 80

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 unit covers establishing legal research requirements, identifying sources of information and data, evaluating the quality of the information and data, preparing drafts and producing final reports. It will have a Commercial Law focus in regard to the underpinning knowledge and skills delivered in the course, with particular reference to the financial services industry.

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

Element:

Identify specific legal data/information requirements

Performance Criteria:

1.Specific legal data/information needs are identified and criteria are established to assess proposed researchers ability to meet the identified needs.
2.Research proposal/brief is prepared and activities are planned and prioritised.
3 Resources and technical requirements are identified.

Element:

Prepare drafts

Performance Criteria:

1. Document is drafted in appropriate format taking into account precedent documents using appropriate language.
2. Legal data/information is presented according to firm’s policies and procedures and legal requirements.
3. Draft is evaluated against previously identified criteria and action is taken to address any identified gaps or deficits.
4. Meeting is arranged with instructing legal practitioner to review document.
5. Amendments are made where necessary.

Element:

Prepare final draft

Performance Criteria:

1. Key points are identified and executive summary prepared, where appropriate.
2. Instructions are provided to staff to prepare appendices, bibliography and Table of Contents as required.
3. Final draft is self-checked and then presented to instructing legal practitioner for review and sign off.
4. Instructions are provided to staff to copy, collate and disseminate report as required.

Element:

Review research

Performance Criteria:

1. Information is checked to ensure that extracted details are acknowledged and recorded for copyright and other legal requirements.
2. Legal data/information is analysed for relevance.
3. Legal data/information is edited and collated to fit research and any relevant legal/ethical requirements.

Element:

Supervise others to perform research

Performance Criteria:

1.Staff are selected and meeting is arranged.
2. Purpose of research, ensuing activities and presentation requirements are clearly outlined to staff.
3. Options for obtaining the legal data/information are discussed and sources of legal data/information are identified.
4. Timelines are assigned to tasks and tasks are delegated to staff.


Learning Outcomes


Refer to performance elements and performance criteria.


Details of Learning Activities

Students will study this unit in classroom sessions, practical sessions and through prescribed exercises and assessment work. The unit will also be explored through the investigation of appropriate real world and simulated environments. Students will be responsible for the managing the progress of their learning which will include self-directed learning. They will work with others to solve problems, discuss topics, communicate their opinions and ideas and be receptive to other students’ opinions and ideas.


Teaching Schedule

 Weekly Schedule 
Week beginningTopicsAssessment tasks
Week 1 – 12 FebDefine “law.” Identify the main features of the Australian legal system. 
Week 2 – 19 FebContract Law – outline the elements of contract 
Week 3 – 26 FebContract Law – identify factors rendering contract void, voidable, unenforceable, illegal and remedies.  
 Week 4 – 5 Mar Contract Law – outline contractual relationships such as agency :- identify types of agents, how the agency relationship is created, the duties of principal and the agent to each other, liability of principals and agents, remedies of the principal, termination of agency, explain the relevance of agency to the financial services sector. 
 Week 5 – 12 Mar Contract law – outline other contractual relationships - employer/employee, independent contractors and explain the relevance of such relationships in the financial services sector 
 Week 6 – 19 Mar Negligence – outline the elements of negligence. Explain liability for defective advice and information and the remedies available. 
 Week 7 – 26 Mar Legislative protection for customers in relation to the financial services sector. Outline protection under the Trade Practices Act , Corporations Act and the ASIC Act. 
 Week 8 – 2 April Describe different types of business structures such as sole traders, partnerships, joint ventures, associations and trusts. 
  Mid Semester Break (Student Vacation) – 5th to 11th April
 
 Week 8 – 9 April Describe different types of business structures such as sole traders, partnerships, joint ventures, associations and trusts. 
 Week 9 – 16 April Class test 1 worth 40% on work covered between week 1 and 8 Class test 1
 Week 10 – 23 April Explain how the above business entities incur contractual and tortious liability. 
 Week 11 – 30 April Describe the different types of companies, the key features of companies, the duties of directors and explain members’ remedies 
 Week 12 – 7 May Describe the types of company finance and the statutory requirements, the types of external administration.  Portfolio/Report to be submitted at Level 13 with complete Assignment Attachment Form by the end of Week 12.
 Week 13 – 14 May Explain how companies incur contractual and tortious liability. 
 Week 14 – 21 May Explain the conduct requirements of financial services licensees and the enforcement powers of ASIC 
 Week 15 – 28 May Identify prohibited market conduct and the consequences of such conduct 
 Week 16 – 4 June Revision 
 Week 17 – 11 June Class test 2 worth 40% on work covered between Week 10 to 15. Class test 2
Week 18 – 18 JuneCourse review and assessment feedback 


Learning Resources

Prescribed Texts

Vickery R and Pendleton W “Australian Business Law Principles and Applications” 5th edition Pearson Education Australia IBSN 0733972594


References


Other Resources

Essential resources
Access to an internet connected computer outside of class times – Internet connected computers are available in the faculty of Business labs on level 3 of building 108, 259 Bourke Street Melbourne.

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


Overview of Assessment

Assessment will incorporate a variety of methods including completing of documentation, in class exercises, written tests, practical problem solving exercises, portfolio/report, presentations and practical tests.
The tests are open book and will focus on the student’s ability to solve problems and provide meaningful solutions to a set of questions.
The Portfolio/Report will focus on the student’s ability to identify legal issues and apply them in the real world. It will demonstrate the student’s ability to conduct research, edit and collate the necessary information required to prepare and present reports.
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.
 


Assessment Tasks

Assessment - Written Tests
The written tests will focus on the student’s ability to solve problems and provide meaningful solutions to a set of questions asked of them in class. The tests are open book and conducted in the classroom.

Assessment - Portfolio/Report
This assessment will focus on the student’s ability to identify legal issues and apply them in the real world. It will demonstrate the student’s ability to conduct research, edit and collate the necessary information required to prepare and present reports.

Homework
The student will be required to undertake research and assessment practice outside of regular class times. Homework exercises are provided to the student to facilitate their learning in a self-paced manner and form 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, research and furthering their understanding of the concepts being taught, as they do in class to be deemed competent in this course.


Grading
The final mark will be based on all assessed competencies. A pass will require an overall mark of 50%.


Assessment Matrix

For a student based at the RMIT BUSINESS campus in Melbourne, Australia in Semester 1, 2007 the assessment will be:

 Written Test 1Portfolio/
Report
Written Test 2
BSALO501A
Identify specific legal data/information requirements
YYY
BSALO501A/02
Supervise others to perform research
YYY
BSALO501A/03
Review Research
YYY
BSALO501A/04
Prepare drafts
YYY
BSALO501A/05
Prepare final draft
YYY

Other Information

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
The student must demonstrate an understanding of all elements of a particular competency to be deemed competent. 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 completing of documentation, homework and in class exercises, written tests, practical problem solving exercises, presentations and practical tests.

Course Overview: Access Course Overview