LAW5201 COMMERCIAL LAW

  • LAW1101 INTRODUCTION TO LAW
    AND
    LAW5201 COMMERCIAL LAW
    S1, 2015
    ASSIGNMENT
    READING
    Available on the study desk under Assessment:
    Thompson Learning 2005, Critical thinking, InfoTrac College Edition, http://infotrac.thomsonlearning.com/infowrite/critical.html .
    Astor H and Chinkin C, Dispute Resolution in Australia, 2002, Lexis Nexis Butterworths, Australia, 76–96.
    INTRODUCTION
    Disputes occur at various stages throughout our lives. It is often how well we resolve these disputes that determines whether we will be successful, especially in our business lives.
    The aim of this assignment is to help students understand that although litigation has its place in dispute resolution, there is a whole raft of alternative dispute resolution processes that are becoming increasingly useful in our legal system. The main alternative is mediation but as you can see there are others.
    Students should be aware that there is not necessarily one correct answer when deciding which method to use when deciding a dispute. Your consideration of the issues for and against particular methods is the concentration for this assignment.
    You will be given 2 scenarios to consider (read instructions below). For each scenario you are required to:
    1. Choose 2 dispute resolution methods for each of your scenarios from the following list. Some of these are described in the Astor and Chinkin reading (some have been left out intentionally and some are also known by different names). Giving reasons relating their advantages and disadvantages found in your research, state which might be preferred for each particular scenario:
    a. Litigation
    b. Mediation
    c. Expert Appraisal and Determination
    d. Case Presentation
    e. Conciliation
    f. Arbitration
    2. You may use each resolution process only once in your assignment.
    3. To help with answering you may make minor assumptions in relation to the scenarios. Very briefly state any assumptions that you make. However, do not elaborate too much. The focus must be on the dispute resolution methods you choose and the advantages and disadvantages of those methods.
    4. Give your answer in a maximum of 400 words per scenario. (800 words total)
    5. Give references for your answer. In addition to the required reading, you must reference two other sources – ie 3 altogether. Each of these sources may be used more than once, ie each time you take an idea or a quote from it. In-text referencing must be included throughout your assignment, but is not included in the word count. You must use the Harvard AGPS Referencing guide from the USQ library website.
    6. You must include one “List of References” at the end of your assignment. It should be a correctly formatted list of the sources you used for your scenarios. It is not included in the word count.
    7. Read the ‘criteria reference/marking sheet’ available on the study desk to see how the marks will be allocated in this assignment.
    WRITE UP YOUR ASSIGNMENT
    Do not include an overall introduction or conclusion for your assignment – but do so for each scenario. You must use the template supplied on the study desk.

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    • Informal or cover page, (see template on StudyDesk) with your name, student number, Course name and number of course, and word count;
    Your assignment should be in essay format using appropriate paragraphs and organization. Start each of the following sections on a new page as per the template.
    • Scenario 1:
    o Copy and paste the text of scenario;
    o brief introduction including chosen dispute resolution methods;
    o advantages and disadvantages of each method exhibiting your critical thinking on the topics;
    o conclusion
    • Scenario 2:
    o as per Scenario 1
    • List of References
    USE YOUR OWN WORDS
    Your assignment must be written in your own words. Do not directly copy or quote material from your sources unless it is absolutely essential – and in no case should quotations be more than 5% of your assignment.
    Do not use bullet points or lists.
    It sounds simple, but summarizing what someone else has written, but doing it in your own words, takes a lot of learning and a lot of effort. Most people find it much easier to just use a quotation, but the ability to summarize and paraphrase is an essential skill.
    That’s why it is a requirement for this course, and some of our other courses, that you write your assignments in your own words, with no more than 5% of your text consisting of quotations. We do this to ensure that students understand what they have written, and to help you improve your writing. Learning to take good notes and write in your own words is also the best way to avoid plagiarism.
    We do not require you to directly quote an author’s words to prove the accuracy of your account of their argument or evidence. Just tell us in your own words what the author has said, reference the source, and the marker can check your work if they want to. If you do directly copy text from a source, it must be in quote marks or indented, and you must reference it. You can report numbers without using quote marks—just make sure you reference them.
    Students who quote excessively, or fail to put copied text in quote marks, will have marks deducted. You may even be required to completely rewrite your assignment. If there is a problem, you will receive feedback via Moodle Assignment Submission.
    ASK FOR HELP IF YOU NEED IT
    Writing in your own words sounds easy, but many students find this difficult. Some students use quotes, or copy text from their sources, because they lack confidence in writing English for university. We do not punish students whose English is not good, though a badly-written assignment will not get the same marks as a well-written one. The key people to ask are the staff at the Learning Centre.
    SUPPORT FOR STUDENTS DOING ASSIGNMENTS
    The Learning Centre is there to help students on a one-to-one basis, whether on-campus or studying by distance education. They can help you with assignment problems, and other issues https://www.usq.edu.au/learningcentre/resources.
    Toowoomba-based and external students: meet Lindy Kimmins
    Hi! I’m a Learning Adviser with the Learning Centre, on the ground floor of R Block. My colleagues and I can help you with techniques to tackle your assignments, read legal material, and write for university. I’d like to encourage all students who are having problems with their course, or who want to improve their work, to come and see us.
    Phone: (07) 4631 2751; Email: tlc@usq.edu.au
    Students can book a session with us by phoning, or going online at http://usqstudydesk.usq.edu.au/mod/vlc/consultations.php
    Springfield Learning Centre
    The Springfield Learning Centre is based in the library on the ground floor of the campus. We can help you with techniques to tackle your assignments, with how to read legal material, and how to write for university.
    Phone: (07) 3470 4275; Email: tlcspringfield@usq.edu.au
    USQ Library
    The USQ Library is the top university library in Australia and New Zealand for client satisfaction, and everyone who uses the library knows why: the resources are great considering the size of the university, and the staff are brilliant.
    Toowoomba-based students wanting help with their research are encouraged to contact the Library Help desk in-person or via phone 07 4631 2109.
    External students can contact the Library’s Off-Campus Services section via offcamp@usq.edu.au or 1800 063 632.
    Springfield students: meet Kerrie McLaren
    Kerrie is the Librarian at Springfield. Along with the other library staff, she can help with advice on where to find materials for assignments. Learning to use the library is a key skill for studying many subjects, including Law.
    Phone: (07) 3470 4247
    Email: springfieldloans@usq.edu.au
    HOW TO AVOID HASSLES WITH YOUR ASSIGNMENTS
    1. Read the sections on:
    • Academic integrity and plagiarism;
    • How to submit your written assignments
    2. Check your USQ Umail account at least once a week.
    General information for students or messages about problems with your assignments are sent to your Umail account. Students have failed by not reading their Umail. Astonishing!!
    3. Submit your written assignments via the Assignment submission icons on the StudyDesk to both Turnitin and Moodle Assignment Submission. Details in section: ‘How to submit your written assignments’.
    4. Check Moodle Assignment Submission for feedback on your assignments.
    Don’t just get your mark; find out what you’ve done well, and what you need to do to improve for future assessment.
    Sometimes the feedback will include serious issues, and you will be required to do extra work. You can fail or get zero for an assignment by not checking the feedback on Moodle Assignment Submission.
    5. Ask for help if you are having trouble.
    Our aim is to help every student pass LAW1101.
    ASSIGNMENT SUBMISSION PROCESS
    You must follow this process. If you do not, your assignment will not be marked.
    Please follow these instructions very carefully:
    A. On the study desk click on the link, “Click here for your scenarios”. Here you will be given two scenarios. You must follow these instructions:
    1. It does not matter whether you write your name in the box below the scenarios or not. However, do not write the answer for the assignment here. Better just to leave it blank.
    2. Copy or print the 2 scenarios for inclusion in your typed assignment;
    3. Press “Next”.
    4. Press “Save all and submit”. (You will be able to go back in to see your scenarios again).
    B. Copy the assignment answering template and paste it into a Word document. Type your answers using the template.
    C. Give your assignment the right filename. Make sure your assignment is either a Microsoft Word (.doc or .docx) file. Give it the filename [surname_firstname_asst#_.doc]. For example: maguire_michael_asst1.doc
    D. Turnitin - Under Turnitin submissions on the StudyDesk click on “read the instructions”.
    1. Do NOT submit the whole of your assignment to Turnitin. Only submit your answer to each scenario at this stage ie do not submit the title page, criteria sheet, wording of the scenario or the List of references. If you submit these things your assignment will get a high similarity report.
    2. If you have to amend your assignment and resubmit to Turnitin you should be aware that any subsequent submission may take up to 24 hours to process. Therefore you should make your first submission in plenty of time before the deadline to allow for this. When your assignment is correctly submitted, it will have a red X next to it. Clicking on the X lets you delete the file.
    3. After submitting your assignment to Turnitin download your originality report (not the digital receipt) as a pdf so that it can be lodged at the next stage through Moodle Assignment Submission.
    E. Next go to the Moodle Assignment Submission link on your StudyDesk.
    1. Lodge your full assignment (using the template). The full assignment will include Title page, criteria sheet (don’t delete the criteria sheet or change it to portrait mode), scenario wording, your answers, and the List of references.
    2. Moodle Assignment Submission will allow you to lodge your full assignment as a word document and then your Turnitin originality report as a pdf. So you must lodge both documents.
    How to understand your Turnitin report
    Turnitin will give you a similarity percentage, and a report on all the copied material in your assignment. To access the Turnitin report, click on the link ‘Similarity’, which may take a few minutes, an hour, or even a day to appear.
    The report will almost certainly identify some copying that isn’t a problem, such as references, material you have put in quote marks, and common phrases. If your report shows 10% or 15% copying, it probably isn’t a problem. We don’t look at the number, we look at the assignment itself.
    Sometimes Turnitin identifies copying that seems strange. For instance, Turnitin may tell you that part of your assignment was the same as part of another student’s assignment from an American university. Even though you’ve never seen that student’s assignment, this is still a problem because it usually means that both of you have copied some text from the same source, for example, a book. Turnitin might be wrong about the place you copied words from, but it will be right to say you have copied.
    If you find Turnitin identifying any copying that isn’t acceptable, you are able to delete the assignment you uploaded, change it, and submit the new version to Turnitin.

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