Course Title: Perform legal research and prepare reports to meet identified needs
Part B: Course Detail
Teaching Period: Term1 2009
Course Code: JUST5103C
Course Title: Perform legal research and prepare reports to meet identified needs
School: 650T TAFE Business
Campus: City Campus
Program: C5205 - Diploma of Financial Services
Course Contact : Rebecca Neophitou
Course Contact Phone: +61 3 9925 1396
Course Contact Email:rebecca.neophitou@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Judy Dredge
108.14.67 ext 55566
judith.dredge@rmit.edu.au
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 the requirements for legal research. This includes identifying sources of information and data, evaluating the quality of the information and data, preparing drafts based on the information and data, and producing final reports. This unit has a commercial law focus in regard to the underpinning knowledge and skills.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
BSALO501A Perform legal research and prepare reports to meet identified needs |
Element: |
BSALO501A/01 Identify specific legal data and information requirements |
Performance Criteria: |
1.1Specific legal data/information needs are identified and criteria are established to assess proposed researcher’s ability to meet the identified needs. |
Element: |
BSALO501A/02 Supervise others to perform research |
Performance Criteria: |
2.1Staff members are selected and meeting is arranged. |
Element: |
BSALO501A/03 Review research |
Performance Criteria: |
3.1Information is checked to ensure that extracted details are acknowledged and recorded for copyright and other legal requirements. |
Element: |
BSALO501A/04 Prepare drafts |
Performance Criteria: |
4.1Document is drafted in appropriate format taking into account precedent documents using appropriate language. |
Element: |
BSALO501A/05 Prepare final draft |
Performance Criteria: |
5.1Key points are identified and executive summary prepared, where appropriate. |
Learning Outcomes
Refer to performance elements
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.
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 beginning | Topic | Elements | Learning Activities |
| 1 | 9/2/2009 | Topic 1: Introduction to Law 1A: Concept of Law 1B: Court System |
BSALO501A/01 | Prepare groups for court visits |
| 2 | 16/2/2009 | 1C: Common Law 1D: Parliament |
BSALO501A/01 | Practice court etiquette |
| 3 | 23/2/2009 | 1E: Legal Research, 1F: Assessment Preparation | BSALO501A/01 | De-brief from court visit, discuss facts of case, finalise research proposal |
| 4 | 2/3/2009 | Topic 2: Tort of Negligence 2A: Duty of Care 2B: Breach of Duty |
BSALO501A/01 BSALO501A/02 BSALO501A/03 BSALO501A/04 |
Prepare drafts |
| 5 | 9/3/2009 | 2C: Damage 2D: Negligent Misstatement |
BSALO501A/02 BSALO501A/04 |
Review drafts |
| 6 | 16/3/2009 | 2E: Defences 2F: Vicarious Liability 2G: Legislative Protection |
BSALO501A/01 BSALO501A/02 BSALO501A/03 BSALO501A/04 |
Prepare final draft |
| 7 | 23/3/2009 | Assessment – Court Reports | BSALO501A/01 BSALO501A/05 |
Deliver court report |
| 8 | 30/3/2009 | Topic 3: Contract Law 3A: Introduction to Contract 3B: Intention |
BSALO501A/01 BSALO501A/05 |
Read and discuss the case study |
| 9 | 6/4/2009 | 3C: Agreement | BSALO501A/01 BSALO501A/04 |
Research law and prepare drafts |
| Mid-semester Break 9/4/2009-15/4/2009 | ||||
| 9 | 13/4/2009 | 3C: Agreement | BSALO501A/01 BSALO501A/04 |
Research law and prepare drafts |
| 10 | 20/4/2009 | 3D: Consideration 3E: Capacity |
BSALO501A/01 BSALO501A/02 BSALO501A/03 BSALO501A/04 |
Review drafts |
| 11 | 27/4/2009 | 3F: Genuine Consent 3G: Legality of Object |
BSALO501A/01 BSALO501A/05 |
Prepare final draft |
| 12 | 4/5/2009 | Assessment - Case study |
BSALO501A/01 BSALO501A/05 |
Submit findings |
| 13 | 11/5/2009 | Topic 4: Agency Topic 5: Business Structures |
BSALO501A/01 | Discuss answering technique |
| 14 | 18/5/2009 | Topic 6: Company Law, 6A: Companies 6B: Company Finance |
BSALO501A/01 | Solve case studies |
| 15 | 25/5/2009 | 6C: Corporate Liability |
BSALO501A/01 | Revise for test |
| 16 | 1/6/2009 | Assessment – Open-book Test |
BSALO501A/01 |
Complete assessment |
| 17 | 8/2/2009 | Feedback | BSALO501A/01 | Review skills set and knowledge base Discuss test results |
| 18 | 15/6/2009 | Re-sits | BSALO501A/01 |
Finalise results |
Learning Resources
Prescribed Texts
Vickery, Roger. Australian Business Law (5th edition). Pearson: Frenchs Forest (2006). |
References
Barron, M.L. Fundamentals of Business Law (6th edition). McGraw Hill: Sydney (2009). |
Other Resources
All relevant learning resources will be placed on the online learning hub (http://www.rmit.edu.au/online).
Students will need to access this site on a weekly basis, print off materials, and bring them to class.
Overview of Assessment
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.
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
Overview of Assessment:Throughout the semester students will be able to gauge their progress by completing and discussing class exercises. This formative feedback will highlight to students areas in which they may need to do more work to achieve competency.
Completion of assessment tasks: Students must complete all assessments and achieve an accumulative mark greater than 50% to achieve a pass in this course.
Tests: If a student receives a mark of less than 50% for a test they have completed, they will be given the opportunity to resit the test, as per the teaching schedule, for a maximum grade of 50%.
Missed Tests: If a student misses a test for any reason, they must complete a special consideration application. Please note that applications must be submitted through the online learning hub within 2 working days of the scheduled assessment.
It is expected that students will show their teacher the written receipt granting a deferred assessment as soon as it is received so it can be recorded.
Late Assignments: Students seeking an extension of seven calendar days or less from the original due date must complete an application for extension to time, available at level 13 reception. The application must be lodged with your teacher no later than one working day before the official due date, unless there are exceptional circumstances.
The special consideration policy can be found at: http://www.rmit.edu.au/browse;ID=g43abm17hc9w
This site includes a link to the application form.
Assignments: All assignments must be submitted using the faculty cover sheet for assignments. These are available from the foyer on level 13 or at: http://prodmams.rmit.edu.au/wcy2b1ka2ioo1.pdf
If a student receives a mark of less than 50% for an assignment they have completed, they will be given the opportunity to re-submit the assignment to achieve a pass grade.
Assessment Matrix
Assessment Matrix
Given below in the assessment matrix is information that will help you to understand your assessment and relevant competencies.
| Assessment Tasks | Marks | Topics |
| Research assignment - Court report | 30% | Topic 1 |
| Research assignment - case study | 40% | Topics 2 and 3 |
| Open-book test | 30% | Topics 4, 5 and 6 |
Other Information
Topics
Introduction to Law
1.1Define what is meant by ‘law’
1.2Identify the major sources of law
1.3Identify the categories of law
1.4Explain the doctrine of precedent
1.5Show how the doctrine of precedent operates within the courts
1.6List the steps involved in passing legislation
1.7Identify primary and secondary sources
1.8Use accepted referencing methods and correct legal citations
1.9Use legal terminology in correct contexts within verbal and written reports.
Tort of Negligence
2.1Outline the basic nature of tort law
2.2Identify and apply the key elements of the tort of negligence
2.3Identify and apply the key defences
2.4Identify and apply vicarious liability
2.5Demonstrate research techniques
2.6Demonstrate ability to use case law in problem solving
2.7Demonstrate drafting skills
2.8Demonstrate communication skills through a briefing
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
Agency
4.1 Identify types of agents
4.2 Explain how the agency relationship is created
4.3 Discuss the duties of principal and agent to each other
4.4 Explain the liabilities of principals and agents
4.5 Explain the remedies of the principal
4.6 Discuss termination of agency
4.7 Analyse and explain the rights and duties of clients
Business Structures
5.1 Describe different types of business structures
5.2 Explain how business entities incur liability under contract/tort
5.3 Compare and contrast business structures
5.4 Advise the clients on the most appropriate structure for their needs
Company Law
6.1 Describe the different types of companies
6.2 Identify the key features of companies
6.3 List the duties of directors
6.4 Explain members’ remedies
6.5 Explain how companies incur liability under contract and tort law
Course Overview: Access Course Overview