Course Title: Make decisions in a legal context
Part B: Course Detail
Teaching Period: Term2 2009
Course Code: JUST5158C
Course Title: Make decisions in a legal context
School: 650T TAFE Business
Campus: City Campus
Program: C4169 - Certificate IV in Financial Services (Accounting)
Course Contact : Andrew Webster
Course Contact Phone: +61 3 9925 5458
Course Contact Email:andrew.webster@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Andrew Webster - Course Co - Ordinator
Building 108.13.13, ext 55458
email andrew.webster@rmit.edu.au
Matt Nichol - Teacher
Building 108.14.62
email matt.nichol@rmit.edu.au
Nominal Hours: 60
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
There are no pre-requisites for this course.
Course Description
This unit covers the competency to work and make appropriate decisions within a legal context. This unit requires the application of skills and knowledge required to identify the main roles and responsibilities of key bodies in the legal system, understand key legal principles, identify business structures and compliance requirements, and ensure compliance. This unit has application across all sectors of the financial services industry.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
FNSACCT404B Make decisions in a legal context |
Element: |
1. Develop procedures to ensure compliance |
Performance Criteria: |
1.1 Develop procedures to address all the requirements to be met for compliance. |
Element: |
2. Identify compliance requirements |
Performance Criteria: |
2.1 Interpret requirements accurately and within prescribed time limits. |
Element: |
3. Identify the main roles and responsibilities of the key bodies in the legal system |
Performance Criteria: |
3.1 Identify the functions of courts and other regulatory bodies. |
Learning Outcomes
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.
by completing and discussing class exercises. This formative feedback will highlight to students the areas in which they may need to do more work to achieve competency.
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 | Topics | Elements | Learning Activities |
| 1 6th July |
Topic 1 :Introduction to Law 1A: Concept of law |
FNSACCT404B/01 | Analyse newspaper reports |
| 2 13th July |
1B: Court System |
FNSACCT404B/01 | Analyse a judgement |
| 3 20th July |
1C: Common Law |
FNSACCT404B/01 | Complete a table of court jurisdictions |
| 4 27th July |
1D: Parliament |
FNSACCT404B/01 | Discuss answering technique |
| 5 3rd August |
Topic 2: Tort of Negligence 2A: Duty of Care 2B: Breach of Duty |
FNSACCT404B/01 FNSACCT404B/02 |
Compare and contrast torts and crimes |
| 6 10th August |
2C: Damage 2D: Negligent Misstatement |
FNSACCT404B/01 FNSACCT404B/02 |
Complete case studies |
| 7 17th August |
2E: Defences 2F: Vicarious Liability |
FNSACCT404B/01 FNSACCT404B/02 |
Revise for test |
| 8 24th August |
Assessment - Test |
FNSACCT404B/01 FNSACCT404B/02 |
Complete test |
| 9 7th September |
Topic 3: Contract Law 3A: Introduction to Contract 3B: Intention |
FNSACCT404B/01 FNSACCT404B/02 |
Discuss differences between statutory requirements and common law principles |
| 10 14th September |
3C: Agreement |
FNSACCT404B/01 FNSACCT404B/02 |
Complete case studies |
| 11 21st September |
3D: Consideration 3E: Capacity |
FNSACCT404B/01 FNSACCT404B/02 |
Complete case studies and discuss assessment |
| 12 28th September |
3F: Genuine Consent 3G: Legailty of Object |
FNSACCT404B/01 FNSACCT404B/02 |
Give feedback on drafts |
| 13 5th October |
Assessment - Case Study |
FNSACCT404B/01 FNSACCT404B/02 |
Submit case study responses |
| 14 12th October |
Topic 4: Law in the Workplace 4A: Employment Law |
FNSACCT404B/01 FNSACCT404B/02 FNSACCT404B/02 |
Analyse and debate the rights of workers |
| 15 19th October |
4B: Anti-Discrimination |
FNSACCT404B/01 FNSACCT404B/02 FNSACCT404B/02 |
Discuss workplace policies and procedures |
| 16 26th October |
Topic 5: Business Structures |
FNSACCT404B/01 FNSACCT404B/02 FNSACCT404B/02 |
Complete case studies |
| 17 2nd November |
Assessment - Test | FNSACCT404B/01 FNSACCT404B/02 FNSACCT404B/02 |
Complete assessment |
| 18 9th November |
Re-sits and Feedback |
Finalise results |
|
Learning Resources
Prescribed Texts
Callie Harvey Foundations of Australian Law 2009 3rd Edition Tilde |
References
Barron, M.L. Fundamentals of Business Law (6th Edition). McGraw Hill: Sydney 2009 |
|
Harvey, Callie. Cornerstones of Australian Law (2nd Printing). Ttilde: Manly (2006). |
|
Roger Vickery Australian Business Law 5th Edition 2006 Pearson Prentice Hall |
Other Resources
Overview of Assessment
Assessment may incorporate a variety of methods including technical requirements documentation, homework, assignments, group and/or individual projects, in class exercises, written and practical tests, problem solving exercises, presentations, direct observation of actual and simulated work practice, presentation of a portfolio of evidence.
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. Students will be provided with feedback throughout the course to check their progress.
Assessment Tasks
Students must complete all assessments and achieve an accumulate mark greater than 50% to achieve a pass in this course.
Assessment Matrix
Given below in the assessment matrix is information that will help you to understand your assessment and relevant competencies.
| Assessment Task | Marks | Topics |
| Open-book test | 35% | 1 and 2 |
| Research assignment - Case study | 30% | 3 |
| Open-book test | 35% | 3, 4 and 5 |
| Topics | Required Knowledge and Skills |
| 1 - 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 - Explain ADR 1.8 - Use legal terminology in correct contexts |
| 2 - 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 |
| 3 - 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 |
| 4 - Employment Law |
4.1 - Identify types of employment relationships 4.2 - Explain how the employment relationship is created 4.3 - Discuss the duties of parties to each other 4.4 - Explain the liabilities and remedies of parties 4.5 - Discuss termination of employment 4.6 - Explain anti-discrimination laws 4.7 - Advise on potential breaches of anti-discrimination laws |
| 5 - Business Structures |
5.1 - Describe the 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 |
Course Overview: Access Course Overview