Unit Name/Code BUSINESS LAW ACC2003/ACC203
Assessment Type GROUP REPORT
Assessment Number A2
Assessment Name GROUP RESEARCH REPORT
Unit Learning Outcomes Assessed
1, 2, 3, 4 & 5
Due Date and Time WEEK 7 - Friday 31 August 2018 at 5.00pm
Assessment Description Students will be divided into groups of 4-5 within each class. The groups will
then be responsible for working in a collaborative way on the group report. All students will be expected to prove that they have formed groups and
contributed to the discussion of the research report. The report must demonstrate their legal research skills, a clear understanding of the topic, and team work.
Each group to select 3 preferred topics from the various provided topics – the actual topic will be allocated on a first come first serve basis and
subject to the availability of the topic .
The list of topics is provided on the last page.
Groups are asked to inform their teacher if group members fail to turn up to
organised group meetings and/or fail to provide the whole group with their share of the work at each group meeting.
Group members who hinder the progress and effectiveness of the rest of their groups by non-attendance at meetings or attendance without their share of the work progressed will be individually penalised.
In your report you may use headings, subheadings and bullet points. Please check your writing is presented professionally and all work is written in your own words.
The final report must be properly referenced, with footnotes, citations. A bibliography must also be provided. If sources are being quoted they must be clearly indicated with quotation marks and referenced.
As a guide, the word limit should be around 2,000 for the report.
Requirements Each group is expected to HAND IN their Group Report at the beginning of the workshop on Tuesday 4 September 2018.
The Report must be neatly presented, stapled and secured.
Each group is required to submit their report to Turnitin by Friday 31 August 5.00pm. Hand in the PDF copy of the Turnitin Originality Report in class in week 8. This is the document that shows all the similarities highlighted, printed from Turnitin.
What to submit:
1. Cover Page
2. Hard copy of the report
3. Turnitin Originality Report
Section Requirements Weight 20% HIGH
DISTINCTION 100-85% DISTINCTION 84-75% CREDIT 74-65% PASS 64-50% FAIL 49-0%
Structure Mark: 10
Content & Research Mark: 20
Presentation and Referencing Mark: 10
TOTAL MARK 40 Overall comments:
Student name Student Number
Date: Student 1 Student 2 Student 3 Student 4 Student 5
Date: Student 1 Student 2 Student 3 Student 4 Student 5
BUSINESS LAW GROUP RESEARCH REPORT TOPICS
A The Law And Science/Technology
The Law has been, is being and will be affected by scientific and technological developments. Discuss this impact and its importance from both the legal and society-impact aspects.
Your presentation should deal with all or most of these specific issues:
? the law and computer technology generally;
? the polygraph (ie lie detector test) – its present status at law and its likely future impact;
? DNA and its likely impact on issues such as the double jeopardy rule;
? IVF and the various implications of such aspects as (but not limited to) future use of frozen cells, family law responsibility and effect, right of enquiry as to genetical background and/or other aspects you consider relevant.
Copyright has been a protection to the creator ‘under siege’, particularly through technological advancement and, principally, the internet.
Explain the current legal situation with regard to copyright generally and examine either one area in detail or two areas in less detail and report on
- the area/s’ impact on copyright or copyright’s impact on it;
- the likely effect with regard to copyright in Australia.
C. Piracy on the Internet
Discuss the problems the internet has ‘created’ with regard to piracy and improper material (eg child pornography). Your discussion will include intellectual property rights with regard to music and cybersquatting.
? What Government regulations, legal actions, technological intervention (such as blocking techniques) and industry self-help have occurred or are occurring or proposed to deal with the problem (such as pay-fordownload)?
? Discuss the effectiveness or otherwise of these actions.
Outline the law with regard to Franchises in New South Wales, particularly with regard to the obligations imposed on Franchisors.
In relation to Franchises, generally, discuss the following:
(a) Franchising in Australia generally – statistical analysis of overall numbers, successes and failures;
(b) The circumstances in which a business might consider franchising its business – and when it may be best not to;
(c) The type of enquiries a prudent person should make in considering whether to buy into a Franchise.
Outline the law concerning employment including the following:
(a) The balance of law making power between the Commonwealth and the States;
(b) Specifically, the Commonwealth WorkChoices legislation;
(c) Dismissal of employees;
(d) Discrimination in the workplace.
Outline the sources of insurance law and the making of insurance contracts generally.
(a) The concept of an “insurable interest”;
(b) The doctrine of “uberrimae fidei”;
(d) The doctrine of subrogation.
G. Negotiable Instruments/Cheques/Internet Banking
Advise the law in Australia including relevant legislation and cases with regard to:
(a) negotiable instruments generally, and bills of exchange and cheques specifically; and (b) with regard to cheques:
? What requirements are there for disclosure when opening a cheque account?
? Why are cheques crossed?
? What does ‘Not Negotiable’ mean and what is its effect?
? Who may have responsibility for a forged cheque honoured by a bank?
(c) regulating internet banking
H. Administrative Legal Issues
You have been learning a range of fundamental areas of law in this course including where our law comes from and how the law is ‘found’ and applied. Using this background knowledge, advise the law in Australia including relevant legislation and cases with regard to:
(a) Freedom of information and its relevance to the business community; and (b) The Privacy Act and its relevance to the business community.
I. Equal Opportunities/Discrimination
Analyse and explain the current status of the law in Australia including the relevant legislation and cases with regard to:
(a) Equal opportunities, largely in relation to employment but also in other areas;
(b) Discrimination generally and one or two more specific areas such as race, gender, sexuality (if employment, only briefly because this is being covered by E above).
J. Public Donations/Funds
In the wake of tragic events and the consequential loss of property or death/physical impairment, funds are often established and emotionally contributed to. It is a part of our national character. Bali, bushfire and drought carnage are good examples.
Difficulties or ‘realities’ can follow. Who should or should not benefit; legal and accounting issues etc?
Analyse the law with regard to the establishment, control, supervision and obligations of public funds of this nature. Provide a critique as to whether the law adequately deals with these issues and outline ways in which the law should be improved to deal with them to ensure a fair and proper distribution (whatever that may considered to be).
(i) Following Bali, for example, funds were made available to a club, members of which had been killed, for distribution to the families of the dead. An (unmarried) partner of 5 years of one deceased was omitted on the basis that she was not ‘family’. Should there be clearer guidelines?
(ii) In the case of bushfire damage, although trauma and suffering follows, at the end of the day most houses are very well covered by insurance but some are not. How should this situation be dealt with?}
Advise an overview, and discuss the important aspects, of the applicable Immigration legislation and any major case as well as Government policy (including Government obligation under world treaties or agreements) in relation to immigration. Your discussion should include the current criteria considered (and, therefore, who is and who is not likely to be successful) with regard to:-
• Immigration applications generally (for example, the importance of sponsorship, special skills, assets and age)
• Family reunion (how readily are these granted now?)
• Spousal visas (how long must you be together and what are the safeguards against scam partnerships?)
• Student visas (can they convert to permanent residency visas?)
• Refugee status
How long must one be a permanent resident before applying for citizenship?
Discuss the law of Taxation in Australia including the following criteria:
(a) The legislation involved – particularly the Income Tax Assessment Acts 1936 and 1997 – why both? – and the New Tax System legislation;
(b) The foundation of our tax system – a mixture of direct and indirect taxation; (c) Goods and Services Tax and Capital Gains Tax – a brief study.
M. The Civil Liability Act, 2002 (NSW)
Explain the following issues with regard to the Act:
1. Outline the circumstances which gave rise to the Act;
2. Discuss the impact (and likely future impact) of the Act on the law of tort;
3. Discuss the benefits and criticism of the Act to date and, if you think there will be further repercussions to come, the likely future benefits/criticisms.
N. Trial and Punishment
Different countries have a different attitude to the trial procedure and punishment of offenders. This has been experienced in the Corby case in Bali.
Discuss Australia’s approach to trial and punishment, including the death penalty (with some reference to its history) and compare this approach with other countries generally and one country specifically.