Course Title: Perform legal research and prepare reports to meet identified needs
Part B: Course Detail
Teaching Period: Term1 2012
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
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 |
Element: |
BSALO501A/02 Supervise others to perform research |
Performance Criteria: |
• Staff are selected and meeting is arranged |
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 |
Element: |
BSALO501A/04 Prepare drafts |
Performance Criteria: |
|
Element: |
BSALO501A/05 Prepare final draft |
Performance Criteria: |
• Key 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 | Topic | Element | Learning Activity |
1 | Topic 1: Introduction to Law 1A: Concept of Law 1B: Court System |
BSALO501A/01 | Prepare groups for court visits |
2 | 1C: Common Law 1D: Parliament |
BSALO501A/01 | Practice court etiquette |
3 | 1E: Legal Research, 1F: Assessment Preparation | BSALO501A/01 | De-brief from court visit, discuss facts of case, finalise research proposal |
4 | Topic 2: Tort of Negligence 2A: Duty of Care 2B: Breach of Duty |
BSALO501A/01 |
Prepare drafts |
5 | 2C: Damage 2D: Negligent Misstatement |
BSALO501A/02 BSALO501A/04 |
Review drafts |
6 | 2E: Defences 2F: Vicarious Liability 2G: Legislative Protection |
BSALO501A/01 BSALO501A/02 BSALO501A/03 BSALO501A/04 |
Prepare final draft |
7 | Assessment – Court Reports | BSALO501A/01 BSALO501A/05 |
Deliver court report |
8 | Topic 3: Contract Law 3A: Introduction to Contract 3B: Intention |
BSALO501A/01 BSALO501A/05 |
Read and discuss the case study |
9 | 3C: Agreement | BSALO501A/01 BSALO501A/04 |
Research law and prepare drafts |
10 | 3D: Consideration 3E: Capacity |
BSALO501A/01 BSALO501A/02 BSALO501A/03 BSALO501A/04 |
Review drafts |
11 | 3F: Genuine Consent 3G: Legality of Object |
BSALO501A/01 BSALO501A/05 |
prepare Final draft |
12 | Assessment – Case Study | BSALO501A/01 BSALO501A/05 |
Submit findings |
13 | Topic 4: Agency Topic 5: Business Structures |
BSALO501A/01 | Discuss answering techniques |
14 | Topic 6: Company Law 6A: Companies 6B: Company Finance |
BSALO501A/01 | Solve case studies |
15 | 6C: Corporate Liability | BSALO501A/01 | Revision |
16 | Assessment - Open-book Test | BSALO501A/01 | Complete assessment |
17 | Feedback | BSALO501A/01 | Review 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). |
Other Resources
All relevant learning resources will be placed on the online learning hub (http://www.rmit.edu.au/online)
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 you will be able to gauge your progress by completing and discussing class exercises. This formative feedback will highlight to you areas in which you may need to do more work to achieve competency.
All competency based assessments for this course must be completed to achieve CA. If you have been marked NYC (Not Yet Competent) in any of the assessment tasks you will be allowed to resit the assessment in order to attain competency (CA).
Missed Tests: If you miss a test for any reason you must complete a special consideration application. Please note all such applications must be submitted through the online learning hub within 2 working days of the scheduled assessment.
It is expected you will show your teacher the written receipt granting a deferred assessment as soon as it is received so it can be recorded.
Late Assignments: If you are seeking an extension of seven calendar days or less from the original due date you 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 a cover sheet . These are available from level 3 or at: http://prodmams.rmit.edu.au/wcy2b1ka2ioo1.pdf
If you receive anassessment indicating you are not yet competent for an assignment you have submitted you will be given the opportunity to re-submit the assignment to achieve a competent grade.
Assessment Matrix
Infomration given below in the assessment matrix will help you understand your assessment and relevant competencies.
Assessment task | Marks | Topic |
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