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

Part B: Course Detail

Teaching Period: Term1 2010

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

Dominic Lococo
Dominic.lococo@rmit.edu.au
03 9925 5465

For program and general course enquiries
Clem Simonetto
Tel: 61 3 9925 5426
Email: clem.simonetto@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:

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

Element:

BSALO501A/02 Supervise others to perform research

Performance Criteria:

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

Element:

BSALO501A/03 Review research

Performance Criteria:

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

Element:

BSALO501A/04 Prepare drafts

Performance Criteria:


· Document is drafted in appropriate format taking into account precedent documents using appropriate language
· Legal data/information is presented according to a firm's policies and procedures and legal requirements
· 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

Element:

BSALO501A/05 Prepare final draft

Performance Criteria:

· 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


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  TopicElementsLearning Activities
1Topic 1: Introduction to Law
1A: Concept of Law
1B: Court System
BSALO501A/01Prepare groups for court visits
21C: Common Law
1D: Parliament 
BSALO501A/01Practice court etiquette
31E: Legal Research, 1F: Assessment PreparationBSALO501A/01 De-brief from court visit, discuss facts of case, finalise research proposal
4Topic 2: Tort of Negligence
2A: Duty of Care
2B: Breach of Duty
BSALO501A/01
BSALO501A/02
BSALO501A/03
BSALO501A/04
Prepare drafts
52C: Damage
2D: Negligent Misstatement
BSALO501A/02
BSALO501A/04 
Review drafts
 
62E: Defences
2F: Vicarious Liability
2G: Legislative Protection
BSALO501A/01
BSALO501A/02
BSALO501A/03
BSALO501A/04 
Prepare final draft
7Assessment – Court ReportsBSALO501A/01
BSALO501A/05 
Deliver court report
 
8Topic 3: Contract Law
3A: Introduction to Contract
3B: Intention
BSALO501A/01
BSALO501A/05
Read and discuss the case study
93C: AgreementBSALO501A/01
BSALO501A/04
Research law and prepare drafts
93C: AgreementBSALO501A/01
BSALO501A/04
Research law and prepare drafts
103D: Consideration
3E: Capacity
BSALO501A/01
BSALO501A/02
BSALO501A/03
BSALO501A/04
Review drafts
113F: Genuine Consent
3G: Legality of Object
BSALO501A/01
BSALO501A/05
Prepare final draft
12Assessment – Case StudyBSALO501A/01
BSALO501A/05
Submit findings
13Topic 4: Agency
Topic 5: Business Structures
BSALO501A/01Discuss answering techniques
14Topic 6: Company Law
6A: Companies
6B: Company Finance
BSALO501A/01Solve case studies
156C: Corporate LiabilityBSALO501A/01Revision
16Assessment - Open-book TestBSALO501A/01Complete assessment
17FeedbackBSALO501A/01Review skills set and knowledge base
Discuss test results

Please note that this schedule is subject to change.  Students will be advised via the learning hub and scheduled classes.


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).
Harvey, Callie. Cornerstones of Australian Law (2nd printing). Tilde: Manly (2006).


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.

All competency based assessments for this course must be completed to achieve CA. Each assessment task will also carry a numerical weighting to be used for grading purposes. The grade applied to this weighting will only be awarded if a CA has been achieved in all compulsory assessment tasks. If a student has been marked NYC (Not Yet Competent) in any of the assessment tasks, the weighting will carry no value until the student has obtained CA. If a CA is achieved on re-assessment then a maximum mark of 50% of the original weighting will be granted for that assessment.

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
1.1 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 Identify primary and secondary sources
1.8 Use accepted referencing methods and correct legal citations
1.9 Use legal terminology in correct contexts within verbal and written reports.

Tort of Negligence
2.1 Outline the basic nature of tort law
2.2 Identify and apply the key elements of the tort of negligence
2.3 Identify and apply the key defences
2.4 Identify and apply vicarious liability
2.5 Demonstrate research techniques
2.6 Demonstrate ability to use case law in problem solving
2.7 Demonstrate drafting skills
2.8 Demonstrate 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