Introduction to the Australian Legal System
| UNIT NAME | Introduction to the Australian Legal System | |||
| UNIT NO. | 700216/900083 | YEAR/ TERM | 2020.1 | |
| DETAILS OF ASSESSMENT TASK | ||||
| WEIGHTING | 25% | WORD LIMIT | 1,000 words | |
| MAXIMUM MARKS | 25 | DUE DATES: ONLINE (VIA TURNITIN): 5pm on Sunday 24th May, 2020 (A College cover sheet is NOT needed and no other form of submission is required) | ||
| OUTCOMES ASSESSED | 1,2, 3, 4
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| LEARNING OUTCOMES: | ||||
| 1. Define and use key legal terminology appropriately. 2. Demonstrate an understanding of key legal concepts, the role of law in society and its impact upon Aboriginal and Torres Strait Islander peoples. 3. Explain the relevance of the Australian legal system to their chosen career path. 4. Demonstrate effective written communication skills.
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| TASK DESCRIPTION
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| Write a case study that demonstrates an understanding of Tort Law, specifically negligence, while outlining the practical application of negligence to one media article only.
You must choose the article from the folder below that relates to your discipline.
Construction: https://www.abc.net.au/news/2016-01-29/construction-company-fined-$80k-over-death-of-worker/7124158 Social Science and Policing: Business:
Your case study must address ALL of the following questions:
1. Briefly describe the main aim/purpose of Civil Law.
2. Provide a definition of both Tort Law and Negligence.
3. Describe the three elements for establishing liability for the Tort of Negligence, with reference to at least one case authority. (In answering this question, you should limit yourself to material provided in your slides/workbook).
Using the article from your relevant discipline folder answer the following questions:
4. Identify the name of the article and list all of the possible DEFENDANTS AND PLATINTIFFS to an action for negligence in that article.
5. IF there is only one defendant: Using the specific facts from the article, describe whether the three elements for negligence would likely be established against this defendant OR IF there is more than one defendant: · Decide which defendant is most likely to be liable and · Using the specific facts of the article, describe whether the three elements for negligence would likely be established against this defendant.
6.Consider your answer to question 5 above. Using INDEPENDENT RESEARCH describe what the potential impact would be on the community (or the relevant industry) if the defendant were held liable for their actions in the circumstances described.
The answer to this last question should be at least 150-200 words of your total assignment.
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| CASE STUDY LAYOUT
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| Title Page
● Your institution’s name (WSU – The College) ● Title of Case study (CASE STUDY) ● Your Name + Student ID ● Course Name ● Date of submission ● Word Count Introduction
● Paraphrase the task to clearly state the aim of the case study Main Body
● Address ALL the questions set out under ‘TASK QUESTIONS’ above. ● Headings and subheadings are to be used.
Conclusion
● Clearly restate the aim of the case study ● Clearly make a concluding statement/final comment on the topic of negligence without introducing any new ideas. Bibliography
● List all the sources of information you have referred to in the case study using the Harvard Style Referencing System.
NOTE: A guide to Harvard Referencing can be found here: https://library.westernsydney.edu.au/main/sites/default/files/cite_Harvard.pdf
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| SUBMISSION INSTRUCTIONS
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● This task must be submitted electronically, through TURNITIN by the date indicated on the front page of the task. ● Failure to do so will attract a 10% PENALTY PER DAY ● Submission to TURNITIN automatically includes a declaration that the work submitted is your own work therefore it is no longer necessary to attach a cover sheet. ● Students should refer to the vUWS website for the marking criteria applicable to this task. ● The case study must be written in formal academic English with NO dot point responses. A 10 or 12 font only should be used with at least 1.5 spacing. ● The case study should be 1,000 words in length (not including the bibliography) maximum and should display correct Harvard style referencing. The word count should be clearly stated on your paper.
IMPORTANT: to receive full marks for this criterion you MUST also provide appropriate IN-TEXT REFERENCES for any sources you have utilised (including the workbook and any online resources).
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