FOUNDATION OF COMPANY AND COMMERCIAL LAW

FOUNDATION OF COMPANY AND COMMERCIAL LAW

Order Description

see attached files……
Grading Criteria
Relevant issues selected
Law correctly stated
Law applied appropriately
Conclusion reasonable.
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name of the course books
LEARNING RESOURCES

Prescribed Reading Law and Business, 4th edition Tony Ciro, Vivien Goldwasser and ReetaVerma, 2014 Oxford University Press
Recommended reading
First Principles of Business Law, 2015
Michael Lambris and Laura Griffin, 2015
Oxford University Press
Recommended reading
Australian Business Law, 34th edition, 2015
Paul Latimer, 2015
Oxford University Press
Recommended reading Commercial Applications of Company law, 16th edition, 2015
Pamela Hanrahan, Ian Ramsey and GeofStapledon, 2015
Oxford University Press
Recommended reading
Business Law Guidebook, 2nd edition, 2014
Charles YC Chew, 2014
Oxford University Press
Recommended reading
Corporations Law Guidebook, 2008
David Wishart, 2008
Oxford University Press
Legislation Partnership Act 1958 (Vic) Online
Legislation Australian Consumer Law 2010 (Cth) Online
The Australian Consumer law is set out in Schedule 2 of the Competition and Consumer Act 2010
Commentary Ford’s Principles of Corporations Law LexisNexis online

Australian Company Law Commentary CCH online
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Prescribed Reading is very important to refer !!!!!!
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Law and Business, 4th edition Tony Ciro, Vivien Goldwasser and ReetaVerma, 2014 Oxford University Press

LST5CCL
Final Take Home Exam Instructions
Assessment Task     Due Date    %    SILOs Assessed
Final Take-Home Exam    Monday 26 October at 9:00AM    60    5-10
Submission Details
On-line through Turnitin link
Description of Task
Please refer to the “Instructions for the final take home examination” document posted on LMS.
Grading Criteria
Relevant issues selected
Law correctly stated
Law applied appropriately
Conclusion reasonable.
Feedback
On request, after marks are available.

Instructions
1.    This final examination consists of four (4) questions.  You must complete all questions.
2.    The examination is worth 60 marks in this subject.  The examination is divided into two Parts.  Part A consists of three (3) problem questions.  Part B consists of one (1) essay question.  The break down in marks is as follows:
Question 1: 15 Marks
Question 2: 25 Marks
Question 3: 10 Marks
3.    Question 4: 10 MarksYour completed take home examination is to be submitted electronically in plain text, rich text or Word format via the Take Home Examination Submission Box (Turnitin) no later than 9:00am on Monday 26 October.  Submission must occur through the LST5CCL LM S site before 9:00am on Monday 26 October.
4.    In accordance with University regulations papers submitted after 9:00AM on Monday 26 October will not be accepted.
5.    Your answer should not exceed 3500 words.  There is a 10% leeway. The total number of words must be noted on the front of your answer.  Use headings to organise your answer.  All discussion should be incorporated in the text of the answer and not in the footnotes.
6.    Students are expected to follow the Australian Guide to Legal Citation (AGLC) as best they can.  Students must refer to relevant case law and legislative provisions in their answers.  They must do so either in footnotes or in the body of their text.  Failure to refer to relevant legislation will result in a deduction of marks.
7.    All quotes must be within double quote marks.  (Other methods of identifying quotes are not recognised by Turnitin.  Their use will result in your Exam answer being flagged as problematic.  The source of quotes must be clearly acknowledged and referenced.  You must acknowledge all sources used. However, a bibliography is not required.
8.    In exceptional circumstances where issues of special consideration arise within the terms of University Policy on Special Consideration, a ‘special’ Take Home Exam may be offered at a later date for students who qualify for special consideration. Students must comply with the appropriate procedures for applying to the Faculty Special Consideration Committee for special consideration. Requests for special consideration must be for serious cases of hardship and exceptional circumstances only. An application for special consideration does not guarantee that you will be granted a special examination.
9.    Plagiarism will be heavily penalised. Please note also that when you submit the final version of your Take Home Exam electronically via the Take Home Examination Submission Box, a Turnitin originality report will be generated which is accessible to, and will be used by, staff.
10.    Academic misconduct includes improper referencing, plagiarism, copying and cheating. You should familiarise yourself with your responsibilities in relation to Academic Integrity.  Information can be found on the website at: http://www.latrobe.edu.au/students/learning/academic-integrity.

Assessment Criteria and Performance Expectations
The assessment criteria set out the general standards by which performance will be judged.
Criterion    A    B    C    D    Fail
Overall clarity and elegance of argument structure    Elegant and clear expression, no errors, using structure to convey and support arguments    Well expressed. No errors in grammar, spelling or structure.     May be inelegantly or clumsily expressed.
May be poorly written or poorly structured, simplistic or pedestrian in expression.
May present conclusions without any reasons. Not comprehensible as a whole.
Clarity of statement of issues    All issues addressed and expressed at the appropriate level of generality.
All issues addressed.
May fail to address an issue.
May fail to address all of the legal issues in question.    Issues may be poorly expressed, or be too general.
In a question requiring multiple issues to be addressed, not addressing an adequate range of issues.
Clear, Relevant principles, backed by authority    Principles stated correctly, expressed with originality, with authorities of appropriate weight and perhaps alternative authorities which support or contradict.
Properly integrated into application.

Principles stated correctly, supported by authorities of appropriate weight. Properly integrated into application.
Principles stated correctly, but perhaps lacking in balance between more/less important principles.    May make one or more serious errors in stating the law. Structure of principles may demonstrate fundamental misunderstanding s about the taxonomy of the subject.
Fundamentally erring on stating the relevant provisions in the primary decision making Act, relevant company law principles, or the facts.
Principles properly applied    Elegant and original application, properly integrated into principles.

Principles applied with insight into potential ambiguity, expressed succinctly and properly integrated into principles.    Principles applied, but in a pedestrian way.    May make one or more serious errors in applying the law to the facts.    Merely stating what are said to be relevant principles and not applying them to the problem.
Clear analysis of opposing argument    Arguments based on legal or factual uncertainty, carried through to alternative conclusions.    Some attempt to address ambiguity in the facts or the law.
Lacks insight into potential ambiguity or alternative arguments
Little analysis of opposing views.
No analysis of opposing views
Coherence using connectives to link ideas/paragraph    Elegantly ordered with clear connections between paragraphs; may convey an overarching theme/s.

Well expressed, linking ideas as well as issues.
Coherently expressed.
Little or no attempt to link ideas or connect paragraphs.
Not comprehensible as a whole.

Logical development, or pattern of ideas    Complex ideas and arguments are expressed succinctly and followed through.
Ideas and arguments are followed through in a coherent manner.
Logical, but of limited scope.
May be illogical in parts or logic may not be apparent.
No logic apparent, not doing what the question asks.

Essay Question
Your essay question will be marked in light of the following criteria:
Content, Argument and Analysis
•demonstrates knowledge and understanding of relevant corporate governance issues
• is able to identify and address issues consistently, concisely and coherently
• demonstrates understanding of relevant principles and concepts
• uses relevant terminology appropriately
• supports contentions by reference to authoritative sources
• develops arguments logically and persuasively
• compares, contrasts and identifies connections between principles or arguments
• assesses strengths and weaknesses of arguments; evaluates merits and limitations of approaches

Structure and use of headings
• headings, sub-headings and paragraphing are used to identify issues, provide, structure and enhance clarity and intelligibility
material is organised to support arguments
• ideas are linked coherently
Use of sources
• an appropriate range of relevant and authoritative sources utilized
• close reading of source material demonstrated
• meaning and significance of direct quotations explained
Expression and Presentation
Criterion    A    B    C    D    Fail
Fulfilment of overall task intent. How well the question was answered.
Sophisticated concepts communicated through advanced use of technique. Exceeds or refines the basic task requirements.
Material presented is strongly linked to task; comprehension of task is high.
Sound conceptual development, problems encountered have been satisfactorily solved, resulting in well-presented work.
Broadly completed but some parts are superficially treated, mis-understood or nearly overlooked.
No submission or an answer that had no relevance to or did not answer the question/s.

Use of information (including legal authority, evidence and examples).
Evidence of critical or thoughtful sorting and selection. Comprehensive and accurate. Answers to questions fully supported by the evidence.
Conclusions are fully supported by appropriate and well organised data. May be some minor omissions. Sources fully referenced.
Well researched with good use of material. Most information is appropriate, consistent and supportive of the conclusions drawn. Sources of information acknowledged.
Generally accurate and appropriate; some incomplete, unsupported or inconsistent information.
Evidence and information is not found to support the answers to the question/s.

Application of theories and concepts.
Creative or reflective processing of theories/concepts; understanding of how and why they are used; critical and evaluative thinking.

Critical or evaluative thinking about how concepts/ theories are applied; little inaccuracy or misunderstanding.
Relevant concepts etc. applied in a generally appropriate and thoughtful way. No major misunderstandings; logical connections between ideas; no serious omissions.
Generally very limited application; some mis-understanding or quite superficial treatment.
Theories and concepts are lacking and not applicable to the question/ s

Structure and organisation.
Structure and sequence are used effectively to help integrate ideas or support logical argument. Soundly structured throughout.
Ideas are sequenced in a logically satisfying way; connections between different themes or sections are well made.
Sequence and structure are logical and easy to follow.
Well enough structured to make sense; could be better organised and more tightly focused upon the question/s. Instances of irrelevance or confusion.
Structure and organisation of the answer is poor; needed to focus upon the question/s.

Language use. Conciseness of answer.
Confident and precise use of language; mastery of style and tone.
Language use demonstrates precision and expressiveness as well as clarity.
Language is generally sound and clear throughout.
Clear enough to be understood; some confused or unclear expression. Spelling, punctuation & grammar generally satisfactory but likely to need attention.
Not able to be understood; confused or unclear expression.
Spelling, punctuation & grammar unsatisfactory