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

Part B: Course Detail

Teaching Period: Term1 2008

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

Course Co-ordinator Vicki Mesiti, 108.13.18, ext 55425

Pixie Lee


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:

<!--[if !supportLists]-->&middot;          <!--[endif]-->Specific legal data/information needs are identified and criteria are established to assess proposed researchers ability to meet the identified needs<o:p></o:p>

<!--[if !supportLists]-->&middot;          <!--[endif]-->Research proposal/brief is prepared and activities are planned and prioritised<o:p></o:p>

<!--[if !supportLists]-->&middot;         <!--[endif]-->Resources and technical requirements are identified

<!--[if !supportLists]-->

Element:

Prepare drafts

Performance Criteria:

<!--[if !supportLists]-->&middot;          <!--[endif]-->Document is drafted in appropriate format taking into account precedent documents using appropriate language<o:p></o:p>

<!--[if !supportLists]-->&middot;          <!--[endif]-->Legal data/information is presented according to a firm’s policies and procedures and legal requirements<o:p></o:p>

<!--[if !supportLists]-->&middot;          <!--[endif]-->Draft is evaluated against previously identified criteria and action is taken to address any identified criteria and action is taken to address any identified gaps or deficits<o:p></o:p>

<!--[if !supportLists]-->&middot;          <!--[endif]-->Meeting is arranged with instructing legal practitioner to review document<o:p></o:p>

<!--[if !supportLists]-->&middot;          <!--[endif]-->Amendments are made where necessary<o:p></o:p>

Element:

Prepare final draft

Performance Criteria:

<!--[if !supportLists]-->&middot;          <!--[endif]-->Key points are identified and executive summary prepared, where appropriate<o:p></o:p>

<!--[if !supportLists]-->&middot;          <!--[endif]-->Instructions are provided to staff to prepare appendices, bibliography and table of contents as required<o:p></o:p>

<!--[if !supportLists]-->&middot;          <!--[endif]-->Final draft is self-checked and then presented to instructing legal practitioner for review and sign off<o:p></o:p>

<!--[if !supportLists]-->&middot;          <!--[endif]-->Instructions are provided to staff to copy, collate and disseminate report as required<o:p></o:p>

Element:

Review research

Performance Criteria:

<!--[if !supportLists]-->&middot;          <!--[endif]-->Information is checked to ensure that extracted details are acknowledged and recorded for copyright and other legal requirements<o:p></o:p>

<!--[if !supportLists]-->&middot;          <!--[endif]-->Legal data/information is analysed for relevance<o:p></o:p>

<!--[if !supportLists]-->&middot;          <!--[endif]-->Legal data/information is edited and collated to fit research and any legal/ethical requirements<o:p></o:p>

Element:

Supervise others to perform research

Performance Criteria:

<!--[if !supportLists]-->&middot;          <!--[endif]-->Staff are selected and meeting is arranged<o:p></o:p>

<!--[if !supportLists]-->&middot;          <!--[endif]-->Purpose of research, ensuing activities and presentation requirements are clearly outlined to staff<o:p></o:p>

<!--[if !supportLists]-->&middot;          <!--[endif]-->Options for obtaining the legal data/information are discussed and sources of legal data/information are identified<o:p></o:p>

<!--[if !supportLists]-->&middot;          <!--[endif]-->Timelines are assigned to tasks and tasks are delegated to staff<o:p></o:p>


Learning Outcomes


Refer to performance elements and performance criteria.


Details of Learning Activities

In order to achieve learning outcomes, students will participate in the following activities:

  • <!--[if !supportLists]--> <!--[endif]-->Attend and prepare notes during scheduled classes
  • <!--[endif]-->Participate in class discussions
  • <!--[endif]-->Research using internet, prescribed text and/or recommended references
  • <!--[endif]-->Access materials online
  • <!--[endif]-->Prepare out of class answers to class exercises involving theory based tasks, problem solving tasks, case studies/simulations or multiple choice questions
  • Complete required assessment tasks


    Teaching Schedule

    Week beginningTopics & Assessment tasks
     Week 1 – 11 FebTopic 1: Introduction to Law
    1A: Concept of Law
    1B: Court System
     Week 2 – 18 Feb1C: Common Law System and Statutory Interpretation
    1D: Parliament
     Week 3 – 25 Feb1E: Legal Research
     Week 4 – 3 MarTopic 2: Tort of Negligence
    2A: Introduction to Tort Law
    2B: Duty of Care and Negligent Misstatement
    Discuss Drafts
     Week 5 – 10 Mar2C: Breach of Duty
    2D: Damage
     Week 6 – 17 Mar2E: Defences
    2F: Vicarious Liability
     Easter Break (Student Vacation) – 20th to 26th March
     Week 7 – 31 MarAssessment 1 - Court Report
     Week 8 – 7 April Topic 3: Contract Law
    3A: Introduction to Contract
    3B: Intention
     Week 9 – 14 April3C: Agreement
    Week 10 - 28 April3D: Consideration
    3E: Capacity
    Discuss Drafts
     Week 11 – 28 April3F: Genuine Consent
    3G: Legality of Object
     Week 12 – 5 MayAssessment 2 – Negigence Case Study
     Week 13 – 12 MayTopic 4: Agency
    Topic 5: Business Structures
     Week 14 – 19 MayTopic 6: Company Law
    6A: Companies
     Week 15 – 26 May6B: Company Finance & External Administration
     Week 16 – 2 June6C: Corporate Liability
    Revision
     Week 17 – 9 JuneAssessment 3 – Open-book Test 
     Week 18 – 16 June Feedback & Resits

    This Weekly Schedule may be subject to change. Students will be advised of the changes.


    Learning Resources

    Prescribed Texts

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


    References

    Harvey, Callie. Cornerstones of Australian Law. (2<sup>nd</sup> edition) Tilde Publishing: 2007.

    0 7346 1016 5

    Nygh, et. al. Concise Australian Legal Dictionary. Butterworths: 1998.

    0 4093 1568 0


    Other Resources

    RMIT generated materials on DLS.  These same materials are also available on G:\BusTAFE\Law\Business Law

    Online learning Materials<o:p></o:p>

    • Online learning materials can be accessed by going to the RMIT website, clicking on Students, under IT Information and Services there is a link to the Online Learning Hub. www.rmit.edu.au/onlineLog inand click on LAW5130L Business Law.

    It is essential to have access to an internet connected computer outside of class times. Internet connected computers are available in the Business Labs on Level 3 of Building 108, 239 Bourke Street, Melbourne.

    Useful Websites

    http://www.rmit.edu.au/library This website is a useful resource for assessment tasks.

    http://www.rmit.edu.au/lsu The Learning Lab is a learning and study skills site developed by the Learning Skills Unit offering online interactive tutorials, printable handouts and an email learning query service. The site is designed to assist students develop the capabilities for tertiary studies.


    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

    Important Points

    All assessments are graded. To pass the course, students must submit each individual assessment task and achieve 50% or more and demonstrate competency in all course elements.

    Assessments will incorporate a variety of methods including in-class exercises, a written test, a court report and a research assignment.

    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 met.

    Students will be provided with more than one opportunity to demonstrate competence.

    <o:p></o:p>Assessment Task 1<o:p></o:p>

    • Court Report
    • Week 7
    • Mark Value 30%

    Group assessment. Report includes a verbal presentation and a written submission.

    This assessment addresses competency elements:

    • BSALO501A/01
    • BSALO501A/02
    • BSALO501A/03
    • BSALO501A/04
    • BSALO501A/05

    Assessment Task 2 <o:p></o:p>

    • Research Assignment – Negligence Case Study
    • Due Week 12
    • Mark Value: 40%
    Individual assessment.  The assignment includes the use of appropriate case referencing, formatting, accurate language, analysis of legal information.

    <o:p></o:p>This assessment addresses competency elements:

    •  BSALO501A/01
    •  BSALO501A/03
    •  BSALO501A/04
    •  BSALO501A/05

    <o:p> </o:p>Assessment Task 3<o:p></o:p>

    • In-class Test
    • Week 17
    • Mark Value 30%<o:p></o:p>

    Individual assessment. Test takes place during class time. Test time 2 hours, and 10 minutes reading time.

    This assessment addresses competency elements:

    • BSALO501A/01
    • BSALO501A/04
    • BSALO501A/05


    Assessment Matrix

     

     Tutorial Questions Court Report Research Assignment In - Class Test
    BSALO501A
    Identify specific legal data/information requirements

                  Y

                  Y              Y              Y
    BSALO501A/02
    Supervise others to perform research
                  Y              Y              
    BSALO501A/03
    Review Research
                  Y              Y              Y             
    BSALO501A/04
    Prepare drafts
                 
                  Y              Y              Y
    BSALO501A/05
    Prepare final draft
                
                  Y              Y              Y

    Other Information

    Teacher Contact

    Out of class communication to all students will occur using the RMIT student email. It is essential to check your email prior to attending each class.
    Consultation times will be made available to you in the first week of classes.
    Consultation times may also be arranged via email.

    <o:p></o:p>Self Managed Learning
    Students will be required to undertake research and assessment practice outside of regular class times. Exercises are provided to the students 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 spend an equal amount of time outside of class, furthering their understanding of the concepts being taught, as they do in class, to be deemed competent in this course.

    Course Evaluation and 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.

    <o:p></o:p>Employability skills<o:p></o:p>
    Are the non-technical skills and competencies that are an important part of effective and successful participation in the workplace.
    Their inclusion in the training packages represents the progress of competency based training into a system which aims to develop the full range of transferable skills, attitudes and behaviour required for successful participation in the workplace.

    These include:

    • <!--[if !supportLists]--> <!--[endif]-->Communication
    • <!--[endif]-->Teamwork
    • <!--[endif]-->Problem solving
    • <!--[endif]-->Technology
    • <!--[endif]-->Planning and Organising
    • <!--[endif]-->Initiative and Enterprise
    • <!--[endif]-->Self-Management
    • <!--[endif]-->Learning
    <h3></h3> <o:p></o:p><o:p></o:p>

    <o:p></o:p>

    <o:p></o:p>

    Assessment Cover Sheet<o:p></o:p>

    Note, if requested by your teacher,  you must complete a hardcopy of the RMIT coversheet with your assessment submissions: http://mams.rmit.edu.au/rbkf8knmzbla1.doc <o:p></o:p>

    Course Overview: Access Course Overview