The case study which students are required to resolve using the four step process is set out below on pages 6 to 7. Students are required to apply the relevant legal concepts and principles to analyse and solve the legal issues arising in the case study by explaining and applying their knowledge of the legal principles and rules arising in Australian legal system.
Please note also that the information contained in the course materials (the text book, E- tutorials and seminar materials) are sufficient when completing your assignment. It is not necessary to research beyond these materials for the purpose of completing this assignment.
? The fact scenario used in this assignment is fictitious.
? Students are to focus on answering the assignment questions with reference to the materials covered in topics 3 to 5 inclusive. Students do not need to (and should not) undertake any additional research. The level of detail and information contained in the course materials is sufficient to answer the assignment.
? Note the four step process requires students to refer to legislation or case law as authority for the rules of law explained in step two. Where appropriate you will need to refer to any applicable legislation or case authorities contained in the materials for topics 3 to 5. You may also want to review the materials on referencing that were provided for the first assignment.
2 of 7
In relation to the marks allocated for the overall use of the four step process, structure of the answer and referencing, regard will be had to not just whether the answer is “set out” in the four steps. Consideration will be given to the clarity of the explanation of the law with regard to applicable authority where relevant. Students will be rewarded here for a detailed application of the facts to the law explained. For example, a very good use of the four step process would be the application of the facts specifically to every principle of law explained.
Consideration will also be given to the logical presentation, coherency and consistency of the explanation of the law, application of facts and subsequent conclusion. Consequently this will include a consideration of matters such as presentation, formatting, expression, sentence structure, grammar and the like.
As a general guide, a student who has used the four step process correctly for each question(has identified the relevant principle(s) of law, explained the rule(s), applied the facts and come to a logical conclusion), but the explanation of the law or application of the facts is not as detailed as it could be, or the conclusion is not a logical progression of what has gone before, would be awarded a pass mark for this part of the assignment, i.e. 0.5 marks.