LAWS20058 – AUSTRALIAN COMMERCIAL LAW
TERM 3, 2018 – ASSESSMENT 1 – INDIVIDUAL ASSIGNMENT
Marks: 40% of the overall assessment for the course
Submission: Online via Moodle
Format: One file in .doc or .docx (MS Word) format.
Submissions in any other file format (e.g. .zip) will be treated as a non-submission.
Your file should contain:
Cover sheet – Contains your name, student number and word counts for Questions 1 and 2.
Written answers to Questions 1 and 2.
Link to your YouTube video.
References should be footnoted, using the Australian Guide to Legal Citation. There should be no need for a concluding Reference List or Bibliography.
Due date: 11.45pm, Thursday 10 January 2019
Word limit: Word limits are set out below for each question.
The university policy on extensions of time will be strictly enforced. Extensions will only be considered if made via the online system and must be based on medical or compassionate grounds. Any extension application should be made before the due date for submission. Medical conditions should be supported by a medical certificate, and, since students are expected to start the assignment early, temporary or last-minute conditions are usually not grounds for an extension. Professionals are expected to manage their time to meet their obligations, so work or personal commitments are insufficient grounds for an extension.
The university’s plagiarism policy will also be strictly enforced. If plagiarism is found, a minimum penalty is likely to be zero marks for the assessment. It could be worse.
Question 1 (15 marks – maximum 1000 words)
Research a legal system of a foreign country and explain how it addresses the following requirements of a legal system:-
- rules of recognition
- rules of change
- rules of adjudication.
Then explain how the Australian legal system addresses the same requirements. For the Australian legal system, you will have to refer to the rules for recognition and change of both statute law and common law. Your answer should include full referencing using footnotes, NOT a reference list or bibliography.
Question 2 (15 marks, maximum 1000 words)
Your client, Sandra May, purchased an Internet/phone package from her Internet service provider, jjNet. The online brochure had said that it provided Internet speeds of “up to 100 Megabits per second” and 10GB of data per month. It also inluded an Internet modem and a mobile phone with unlimited local calls. Sandra took up the offer and accepted a contract which stated that if she paid the package fee of $59.99 per month for 12 months, she could keep the phone and the modem.
Now that Sandra has been using the package for 3 months, she has found a number of problems. The only time she gets Internet download speeds approaching 100 Megabits per second is in the early hours of the morning at around 2am. She also finds that as her data usage approaches 10 GB in a month, the speed slows down dramatically to the point whre the Internet is almost unusable. If she then buys an add-on package of extra data, the connection immediately speeds up to about 100 MB/s.
She has also had a lot of trouble with the phone. When she received it, it did not look new as it was worn in certain areas. The keys keep getting stuck so it is difficult to type text messages, and the battery seems to die after only a few hours use. jjNet refuses to replace it.
She wants an advice on her possible legal actions. Your supervising partner asks you to prepare a report to him setting out your research, legal reasoning, and recommendations. The report should include full referencing using footnotes, NOT a reference list or bibliography.
Question 3 (10 marks – maximum 6 minutes)
Assume that your supervising partner has read your report and has given you authority to advise the client. For this part of the assignment, you need to prepare an oral advice for the client in the form of a YouTube video. Your task is to provide that advice in a way that your client can understand. The link to your YouTube video should be included in your assignment file.
When presenting to your supervising partner in Question 2, he/she will be looking for the quality and relevance of your research. You therefore need to refer to cases and sections of Acts. The approach when presenting to the client is different. In order to make a decision, the client has to understand the key legal principles, but he/she does not need a lengthy analysis. The goal here is to explain these principles in plain English and to make clear why you are recommending a certain course. In general terms, the quality of your analysis will be the important thing when reporting to your supervising partner. When advising the client, clarity is most important.
A marking rubric is provided on the next page.
GRADE MARK MARKING CRITERIA
HD 85%+ Demonstrates imagination, originality or flair, based on proficiency in all the learning outcomes of the unit; work is interesting or surprisingly exciting, challenging, well read or scholarly.
COMMENT: Here, the student will have done everything well, provided some original insights, and formulated their answers in a tight, efficient, thoroughly professional manner. The research will be strong and comments will be insightful. For questions 2 and 3, the argument for the recommendations will have a sound logical flow. It will also be convincing, such that a client would not only embrace the recommendations but also clearly understand why they are being made.
D 75-84% Demonstrates awareness and understanding of deeper and less obvious aspects of the unit, such as ability to identify and debate critical issues or problems, ability to solve non-routine problems, ability to adapt and apply ideas to new situations, and ability to invent and evaluate new ideas.
COMMENT: Similar to a C, but for a D the student has identified issues specific to the client’s situation that are insightful and not obvious.
C 65-74% Demonstrates ability to use and apply fundamental concepts and skills of the unit, going beyond mere replication of content knowledge or skill to show understanding of key ideas, awareness of their relevance, some use of analytical skills, and some originality or insight.
COMMENT: True learning involves not only knowing principles or concepts but also the ability to apply them to a real life situation. This will be revealed in choosing what is relevant and (in questions 2 and 3) making a logical argument towards recommendations appropriate to the client’s circumstances.
P 50-64% Demonstrates the learning outcomes of the unit, such as knowledge of fundamental concepts and performance of basic skills; demonstrates sufficient quality of performance to be considered satisfactory or adequate or competent or capable in relation to the learning outcomes of the unit.
COMMENT: Students who get a mark in this range usually demonstrate some knowledge of principles and concepts, but do not apply them consistently to the actual fact situation. Their answers often contain a lot of regurgitation of law but very little application of it to the real life situation. Recommendations are often generic (they could apply to any situation, not specifically to the client’s situation) and are often just lifted from the textbook or a generic website.
F 40-49% Fails to demonstrate the learning outcomes of the unit.
COMMENT: Students in this range usually make some effort to perform the assignment task but fail to achieve what is prescribed for a P.
Low F 40% COMMENT: Students in this range usually fail to properly carry out the instructions or perform the task specified in the assessment