Reference no: EM133201429 , Length: word count:650
Assessment One - Mini Case Studies
Learning Outcome 1: Apply key principles of law for commerce to recognise and evaluate legal issues.
Learning Outcome 2: Analyse and interpret legal issues in domestic and international contexts.
Description
The purpose of the assignment is to introduce you to the discipline-specific skill of legal reasoning. Part A of the assessment (MSQ) will introduce you to the IRAC (Issue; Rule; Application; Conclusion) formula, and provide a foundation from which you will then be expected to formulate your own written answers to legal problems (hypothetical fact situations
- HFS) posed in Part B. You will be presented with similar legal problem questions (HFS) throughout the course of the unit and ultimately in the exam.
This assessment is the first step in acquiring the skill of legal argumentation, which is set as a discipline-specific skill with which to enhance your critical faculties and writing abilities, as well as provide a deeper understanding of the workings of law for commerce. It is important that your discussion focuses on analysing the facts of the hypothetical problem and applying the law to those facts. Marks will be awarded for your identification of the issues and the material facts that are relevant to those issues; your identification of the law that applies to those facts and issues; and most importantly, the application and analysis of the law as it applies to those facts and issues. Generalised statements of legal principles - that is, those that are not sufficiently relevant to the facts - will attract only limited marks. It is also expected that you observe tertiary level academic writing standards - organise your writing in proper paragraphs, with correct grammar, punctuation and spelling.
Specific Requirements
Your task is to provide solutions to the legal issues posed in the mini case studies, drawing on the legal principles covered in Topic 1 (Chapter 1) and Topic 2 (Chapters 3 and 5). This assessment is based on your course materials for these topics/chapters. It is NOT a research task. The materials you should refer to when preparing your answers include the textbook, Powerpoint slides, and cases referred to in the materials. However, do not cite or reference Powerpoint slides or the textbook. Cite relevant cases only. In other words, when you cite a case name, you need not cite the page from the textbook or Powerpoint slides.
There are TWO Parts to this assessment. The first Part A (5%) is an online Multi-Selection Quiz (MSQ) aimed at familiarising you with the IRAC method of answering problem questions. The MSQ is based on Chapter 3 of the textbook and will be available on the MLC101 CloudDeakin site in the Assessment-Quizzes folder from 15 November 2021. The Assessment One (Part B) Dropbox in the Assessment folder will not open if you have not completed Part A. The MSQ is worth 100 words (but of course you need not write out any responses).
Referencing
For Assessment One, you are not required to provide a Reference List or be concerned about the Harvard style of referencing. However, you must cite relevant cases in your answer and comply with the usual legal conventions regarding the italicisation of case names and full case citations with the year and reporting reference. For example, Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 (note that only the names of the parties are in italics).