1 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...

1 answer below »
1
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.
Extensions policy:
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.
Plagiarism:
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.
2
Question 1 (15 marks – maximum 1000 words)
Research a legal system of a foreign country and explain how it addresses the following
equirements 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
ochure 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
eport should include full referencing using footnotes, NOT a reference list or bibliography.
3
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.
Presentation
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
ecommending 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 ru
ic is provided on the next page.
4
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
ecommendations will have a sound logical flow. It will also be
convincing, such that a client would not only em
ace the
ecommendations 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
e 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 ca
y out the
instructions or perform the task specified in the assessment
Answered Same DayDec 12, 2020LAWS20058Central Queensland University

Solution

Tp Academic answered on Dec 13 2020
58 Votes
AUSTRALIAN COMMERCIAL LAW
Table of Contents
Introduction    2
Question 1    2
A legal system of a foreign country    2
The Australian legal system    3
Question 2    5
Research    5
Legal reasoning    6
Recommendations    6
Question 3    7
Conclusion    8
Introduction
Laws are generally considered to be a set of rules, which will prohibit a single or a group of individuals from performing actions harmful to the self or to the society. However, the laws are not a standardised set of rules practiced globally. The laws tend to have a significance difference with a shift in either synchrony or diachrony. In this study, the laws of UK and Australia are analysed to understand the threads of common conceptualities between them. An emphasis is given on the complexities of Australian law.
Question 1
A legal system of a foreign country
· Rules of recognition
A legal system comprises of specific rules and laws, which, according to the scholar, is the basis of a legal system[footnoteRef:1]. An ideal legal system will have both primary and secondary rules, among which rules of recognitions are considered to be secondary rules. The rules of recognition are termed as validations of a legal system, representing the core essence of the legal foundation of the state. As suggested by the author, rules of recognition can refer to legislative enactments, authoritative texts, customary practices and general declarations of judicial pronouncements[footnoteRef:2]. In the modern legal system of UK, the rule of recognition has gone through several complexities as the UK legal system caters to a wide range of legal sources. Hence, in UK, the rule of recognition has included precedents and constitutional enactments in its purview. The rule of recognition, thus, in UK has authority over the legal sources to provide validity for any ruling. [1: Hart, H.L.A., (2017). Positivism and the Separation of Law and Morals. In Law and Morality. Eds. 2nd, Abingdon: Routledge.
] [2: Raz, J., (2017). The rule of law and its virtue. In The Rule of Law and the Separation of Powers. Eds. 3rd, Abingdon: Routledge.
]
· Rules of change
Rules of change is a concept devised by H.L.A Hart, where he mentions that there are certain fundamental rules in every legal system. These fundamental rules cause implications and changes in other rules. As commented by the scholar, in the legal system of UK, there are primary rules, which are prone to get identified and changed by the impact of the secondary rules. Hence, the legal system of UK has a set of ‘rules of change’ based on which, laws are repealed or altered[footnoteRef:3]. [3: Ronald, D., (2017). The Model of Rules. In Theoretical and Empirical Studies of Rights. Eds. 1st, Abingdon: Routledge.
]
· Rules of adjudication
The rules of adjudication refer to a set of secondary laws, which allows an individual to take authoritative decisions in case of a law is violated. According to the scholar, the legal system of UK has a set of rules to determine law
eaches. The Technology and Construction court of UK is responsible for overseeing adjudication processes in UK[footnoteRef:4]. [4: Bix, B.H., (2015). Rules and normativity in law. In Problems of Normativity, Rules and Rule-Following. Eds. 2nd, Singapore: Springer.
]
The Australian legal system
· Rules of recognition
· Statute law
The statute laws of the Australian Legal system differ significantly from the Commonwealth laws. As commented by the scholar, the statute laws of Australia are based on precedent, hence is subjected to the rules of recognition for their validity and foundations[footnoteRef:5]. The statute laws can be validated furthermore as they are a part of written legislation. These written regulations are used in prohibiting or mandating certain behaviours according to the national policies and guidelines. Thus, statutes laws in Australia are written secondary rules, with are subject to be recognised and validated by the constitution. [5: Campbell, T.D., (2016). The legal theory of ethical positivism. Eds. 2nd, Abingdon: Routledge.
]
· Common law
The common laws, on the other hand, allow judges to take decisions based on their own observation and understanding of a specific case. The judges can also take assistance from previous cases, where they can establish relevance. As commented by the author, these set of laws are not contingent upon the validity of the rules of recognition, as these rulings may or may not be written in the Australian...
SOLUTION.PDF

Answer To This Question Is Available To Download

Related Questions & Answers

More Questions »

Submit New Assignment

Copy and Paste Your Assignment Here