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. |
Element: |
Prepare drafts |
Performance Criteria: |
1. Document is drafted in appropriate format taking into account precedent documents using appropriate language. |
Element: |
Prepare final draft |
Performance Criteria: |
1. Key points are identified and executive summary prepared, where appropriate. |
Element: |
Review research |
Performance Criteria: |
1. Information is checked to ensure that extracted details are acknowledged and recorded for copyright and other legal requirements. |
Element: |
Supervise others to perform research |
Performance Criteria: |
1.Staff are selected and meeting is arranged. |
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 beginning | Topics | Assessment tasks |
| Week 1 – 12 Feb | Define “law.” Identify the main features of the Australian legal system. | |
| Week 2 – 19 Feb | Contract Law – outline the elements of contract | |
| Week 3 – 26 Feb | Contract 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 June | Course 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 1 | Portfolio/ Report |
Written Test 2 | |
| BSALO501A Identify specific legal data/information requirements |
Y | Y | Y |
| BSALO501A/02 Supervise others to perform research |
Y | 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
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