BLB1101 Australian Legal System :

BLB1101 Australian Legal System System in Context

Assessment 3 Critical Reflection and Legal Reasoning Task

Due Date	Part A – Critical Reflection &   Part B Legal Reasoning Task Both parts are due on the Monday of Week 4 by 11.59pm
Word Count	Total 1600 words (Part A 750 words and Part B 850 words)- (excluding footnotes and bibliography) and a 10% leeway applies to this assessment.
Weighting of Assessment Task	50% of total marks for the unit
Submission requirements	Submit electronic copy Assessment 3 dropbox link on unit’s VU Collaborate space).  (Also read this Unit of Study Guide and the coversheet for warnings regarding collusion and plagiarism and information about avoiding those behaviours.)
Late penalty	5% per day including any weekend days and public holidays. Where there is any question about time of submission, the timing of the online submission will be used provided the file uploaded is in a format readable by the examiner and the online marking system.  Please note that the dropbox will close 3 days after the due date at 5pm on Thursday Week 4 and no submissions after this time will be marked
Referencing requirements	AGLC4 compliant footnotes and an AGLC compliant bibliography must be included.
Presentation requirements	Font: Size 12 font New Times RomanSpacing: 1.5 paragraph spacingInclude a bibliography (Remember you need to also use footnotes). You can submit one bibliography for both parts of the assignment.Title page: Your assignment should have a title page with your full name, student ID, Total Word Count and Name of Lecturer  and your Class)

PART A– Critical Reflection (750 words)

Purpose of this BLB1101 Australian Legal System assignment and ULOs assessed

The purpose of this BLB1101 Australian Legal System assignment is to:

1. Experience first hand, the legislative arm of the government and where laws are made leading to a holistic, integrated and stimulating approach to learning.
2. Facilitate reflection on the experience to make connections to learning and aspects of the discipline.
3. Make connections between the experience, theory and unit content
4. Make connections between the legal system and social and political influences.

The BLB1101 law unit learning outcomes assessed are: 

1. Analyse the components of the Australian legal systems, and elaborate how these components intersect and interact and how lawyers use these systems (LO1)
2. Communicate using appropriate professional legal language and express ideas and perspectives (LO2)
3. Situate and analyse Australian legal systems within the broader contemporary social and political contexts (LO3) 

Details

Prepare a short critical reflection BLB1101 Australian Legal System on the Parliament Program and factors that impact the Australian Legal System (750 words) Note: You should incorporating your own Parliament Program journal entry and feedback from other students when addressing the points below. Your critical reflection must address the following:

• A reflection on your learning experience through participation in the parliament program.  Tip: What did you learn? How did your participation help your learning?
  
  
• A comparison and reflection between the experience of participating in the parliament program and the BLB1101 law unit content and other outside experiences Tip: Consider the positive aspects of the experience, how it improved your learning, how it connects to your studies (what you are currently learning about in this unit and will learn about in subsequent units), how does the experience relate to your knowledge of the Australian Legal System? how does it connect to your career objectives?
  
  
• A reflection upon social and political factors that impact the Australian Legal System. Pick one theme (Indigenous Australians & Law, Race & Law, Gender & Law or Economics & Law) for this part of the critical reflection (Hint: refer to Session 5, Session 6 or Session 7) This part will require some research. Tip- how does law/legal structures/legal system impact the selected theme? How does the selected theme impact law/legal structures/legal system)

This is a critical reflection of the Parliament Program and should not be a recount of the class activity. You will need to do some research to write your reflection upon social and political factors that impact the Australian Legal System.

Structure/Presentation BLB1101 law

• Use sub-headings
• You can write in first person language.
• You must conduct legal research

Examples of Reflective Writing: https://student.unsw.edu.au/examples-reflective-writing

PART B – Legal Reasoning Task (850 words)

Relationship to other tasks and BLB1101 Australian Legal System assessments

In Session 9 you completed a team legal reasoning exercise which you received feedback in class. Use the feedback from that class to prepare your response to Part B. During that in class activity you developed your ability to work collaboratively to solve a legal problem using legal reasoning. This BLB1101 law assessment task assesses your ability to solve a legal problem using legal reasoning on an individual basis.

Purpose of this assignment and ULOs assessed

The purpose of this BLB1101 Australian Legal System assignment is to:

1. Acquire foundational skills in identifying and explaining relevant law and applying the law in resolving disputes.
2. Build your skills in interpretation of legislation.
3. Develop written skills in persuasive legal analysis and reasoned argument.

The BLB1101 law unit learning outcomes assessed are: 

1. Communicate using appropriate professional legal language and express ideas and perspectives (LO2)
2. Articulate and write about law in a coherent and professional way (LO4); and
3. Work collaboratively and independently in order to use legal reasoning, to create and present logical structured answers to problem-style legal questions.(LO5)

Case/Scenario  The company ALSIC Blooms (florist) wanted to increase its turnover so it hired a business development consultant, Dee. Dee developed a marketing strategy, and presented it to the managing director of ALSIC Blooms. Although the managing director had some concerns about the consultant’s proposed strategy, he decided to follow the strategy precisely. In line with this marketing strategy, for the Christmas sales in 2022, in December, ALSIC Blooms published the followed advertisement on television and through its social media department. Natural Beauty at its best– Fresh Colourful floral arrangements delivered to you on a regular basis. Join our fortnightly delivery service and enjoy free exercise bike worth $500. Minimum contract period and other conditions apply – see our website for details.   Only $80.00 per fortnight – join now at the following site, and receive your free 6mth exercise bike.On the ALSIC Blooms website, the terms and conditions of this offer included:Delivery charges applied to all orders: – $ 5 per normal delivery of floral arrangements and $200 for the delivery of the initial ‘free exercise bike’.  ALSIC Blooms was inundated with new floral arrangement subscriptions. This was great for the business. However, customer complaints began flowing in when the new customers realised how much they had been charged for the delivery of the ‘free exercise bike’. The volume of new customers was more than double the number predicted by their business development consultant, Dee. ALSIC Blooms was unable to begin deliveries of the ‘free exercise bikes’ to about 500 of the new customers for four months given they were on back order. The managing director subsequently found out Dee had not inquired about the stock levels of the exercise bikes. This situation and ALSIC Blooms advertising campaign and delivery delays has been reported to the Australian Competition and Consumer Commission. Advise whether ALSIC Blooms has breached s 32 of the Australian Consumer Law (ACL), taking into account the decision in Nationwide News Pty Ltd v Australian Competition & Consumer Commission (ACCC) [1996] FCA 1684 (as extracted below).  Note: In youradvice you must refer only to authority provided by s 32 ACL (reprinted below) and Nationwide News Pty Ltd v Australian Competition & Consumer Commission (ACCC) [1996] FCA 1684as set out in the case extract provided below. Do not refer to any other legal rules (either cases or legislation) that you may happen to know but which are not expressly referred to below. Be sure to demonstrate legal reasoning in your answer using a HIRAC approach.   –

Resources for your submission-

Australian Consumer Law (schedule 2 of Competition and Consumer Act 2010 (Cth))

…

S 32 ACL offering prizes, rebates etc

(1)  A person must not, in trade or commerce, offer any rebate, gift, prize or other free item with the intention of not providing it, or of not providing it as offered, in connection with:

 (a)  the supply or possible supply of goods or services; or

 (b)  the promotion by any means of the supply or use of goods or services;

…

 (2)  If a person offers any rebate, gift, prize or other free item in connection with:

 (a)  the supply or possible supply of goods or services; or

 (b)  the promotion by any means of the supply or use of goods or services;

…

the person must, within the time specified in the offer or (if no such time is specified) within a reasonable time after making the offer, provide the rebate, gift, prize or other free item in accordance with the offer.

(3)  Subsection (2) does not apply if:

 (a)  the person’s failure to provide the rebate, gift, prize or other free item in accordance with the offer was due to the act or omission of another person, or to some other cause beyond the person’s control; and

 (b)  the person took reasonable precautions and exercised due diligence to avoid the failure.

….

NOTES:  A pecuniary penalty may be imposed for a contravention of  sub-sections 1 or 2.  Subsection: under s 154 ACL, breach of s 32 ACL can constitute a criminal offence, with a penalty up to $1,100,000 for a company, or up to $200,000 for other people

In 2010, ss 32 and 154 Australian Consumer Law (‘ACL’) replaced ss 54 and 79(1) Trade Practices Act (respectively). The scope of the new ACL provisions is similar to the previous law under the equivalent sections of the Trade Practices Act.

The following case related to alleged breaches of the former s 54 Trade Practices Act 1974 (Cth)

Nationwide News Pty Ltd v Australian Competition & Consumer Commission (ACCC) [1996] FCA 1684.  

…

DECISION

HEEREY J 
1. The Australian Competition and Consumer Commission (the Commission) has brought charges against Nationwide News Pty Limited (Nationwide) under   s 54 of the Trade Practices Act 1974 (Cth), (the Act) ….

2. Nationwide is the publisher of two Sydney newspapers, the Daily Telegraph Mirror and the Sunday Telegraph. In July and August 1994 those newspapers embarked on a promotion which involved the offer of a “free” mobile phone. The promotion was carried out in conjunction with Smartcom which had a connection with Vodafone Pty Limited (Vodafone), the operator of a mobile telephone network. The essential feature of the promotion which has led to these prosecutions is the fact that a person wishing to take up the offer was required to enter into an agreement (known as Smartplan 130) with Smartcom under which he or she would have to pay (a) a connection fee of $65; (b) a delivery charge of $19.95; (c) a “security deposit” of $260 said to be refundable after 15 months if certain conditions were met; and (d) $130 per month in advance for a minimum of 15 months in respect of access to the Vodafone Mobile Digital Network, which would include the first $120 worth of calls per month.

The Newspaper Advertisements

3. On page 7 of the Daily Telegraph Mirror Late Final edition for Thursday 28 July 1994 there appeared an advertisement 4 x 21cm in vertical format containing a photograph of a mobile phone and the words “Free mobile phone for every reader Don’t miss Monday’s Telegraph Mirror”.

4. On page 7 of the Daily Telegraph Mirror Metro edition for Friday 29 July there appeared an advertisement in identical terms except that it was 4 x 16 cm.

5. On page 7 of the Daily Telegraph Mirror Late Final edition for Friday 29 July there appeared an advertisement in identical terms and size to the Metro edition of the same day except that after the words “for every reader” there appeared the words “*Conditions apply”.

6. On page 157 of the Sunday Telegraph for Sunday 31 July there appeared a large advertisement taking up about three-quarters of the page with a photograph of a young woman holding a mobile phone and the words Don’t miss your Telegraph Mirror tomorrow FREE* mobile phone from Smartcom Telecommunications Vodafone Mobile Digital. *Conditions apply For Telegraph Mirror readers.

7. On the front page of the Daily Telegraph Mirror Metro edition for Monday 1 August there appeared an advertisement 14 x 4cm in horizontal format immediately below the masthead. It consisted of a photograph of a young woman with a mobile phone and the words *FREE Mobile phone for Sydney Telegraph Mirror readers. *Conditions apply. From Smartcom Communications Vodafone mobile digital. Details Page 16.

8. The word “*FREE” appeared in white lettering about 8 mm high against a red star with gold border shading. The words “Mobile phone” were in blue on a white background. The words “conditions apply” were in red and the remaining words in black. All were on a blue background, with the exception of “Details Page 16” which were in black on a white background.

9. On page 16 of the same issue there appeared a photograph of the same young woman together with a young man, both holding a mobile phone. Under a heading “Get mobile with our phone offer” there was the following text: Sydney readers of the Daily Telegraph Mirror can own their own digital mobile phone – FREE We have teamed with Smartcom Telecommunications and Vodafone to offer an Ericsson GH 198 digital mobile phone and accessories with a recommended retail price of over $1000. The phone will operate on the Vodafone Mobile Digital network. The limited offer is subject to taking up a 15 months subscription to Smartplan 130 and is open to Sydney readers over 18 years of age with existing credit cards and credit approval. The Smartplan 130 costs a minimum of $130 a month and includes $120 worth of free calls each month. Additional charges are listed in the Terms and Conditions in the Public Notices section of the Teleclassifieds each day this week and next week. The phone offer is likely to appeal especially to existing mobile phone users who depend on them for business reasons. Tradesmen, removalists, couriers, drivers and sales people who make a high volume of mobile phone calls to run their operations are the kinds of people the offer could benefit most. In Sydney, the Vodafone mobile digital network is available in the suburbs listed on this page. To get your phone, all you need is five differently numbered tokens from the Daily Telegraph Mirror. A token appears each day from Monday. Cut the tokens out and attach them to the application coupon which will be published in the Daily Telegraph Mirror today and Tuesday. The Daily Telegraph Mirror cannot accept responsibility for readers entering into a legally binding agreement and recommends you seek independent legal advice if unsure of the terms. *Five thousand phones only are available, so be early.

10. All the foregoing was in the BLB1101 law same size type as the general editorial content of the newspaper.

…

12. At the bottom of the page after study of BLB1101 Australian Legal System was a coupon. It had the words Digital Mobile Phone for the Daily Telegraph Mirror readers – *FREE Conditions apply. Sydney readers* of the Daily Telegraph Mirror can get a digital mobile phone with one battery and a rapid desktop charger worth over $1,100 … FREE. The Daily Telegraph Mirror has teamed up with VODAFONE and SMARTCOM TELECOMMUNICATIONS to bring you this exclusive offer. Complete this BLB1101 law application form and attach your five differently numbered tokens appearing in The Daily Telegraph Mirror this week. Then send it to: SmartCom, P O Box 174, Seaford, Victoria 3198. Your free telephone will be delivered to you within 28 days of your application being approved and accepted by Smartcom. Make sure you read the full terms and conditions appearing in the Teleclassifieds each day as the Daily Telegraph Mirror cannot accept responsibility for readers entering into a legally binding agreement and recommend you seek independent legal advice if you are unsure of the terms. Vodafone, Mobile Digital, Smartcom Telecommunications, The Daily Telegraph Mirror.

13. The coupon contained space for an applicant to include name and address etc. and also the following: Tariff Refundable Delivery Cost of BLB1101 law Digital Please debit my required Security Fee Phone credit card for the Deposit amount shown below Smartplan 130 $260 $19.95 FREE $279.95

14. There was provision for placing name and other details of a credit card account and also the following: I have read and understand the terms and conditions in Teleclassifieds. I hereby subscribe to Smartplan 130 and authorise you to debit my credit card with security deposit and delivery fee of $279.95 and a one-off connection fee of $65, then $130 monthly plus call costs in excess of $120 monthly for the duration of the contract.

15. Under the heading Public Notices there appeared on page 65 in the classified advertisements section a notice headed “FREE MOBILE DIGITAL PHONE FOR SYDNEY READERS TERMS AND CONDITIONS OF OFFER”. In summary, this notice stated that readers must be connected to the Vodafone Mobile Digital Network via Smartcom for a minimum of twelve months subject to 90 day termination after 12 months, that monthly accounts must be paid by credit or charge card mandate only, that the offer was subject to status (presumably credit status), product availability, network geographic coverage and the unconditional acceptance of the Smartcom Network Services Agreement, terms and conditions of which would be “included with your free phone”. A security deposit of $260 for the Smartplan 130 had to be paid on application by credit or charge card only. This deposit was refundable in full after the minimum contractual period subject to “satisfactory payment history”. A minimum fee of $130 per month for the contract period and an initial $65 one-off connection fee would be charged. Monthly access fees were to be charged monthly in advance and additional calls monthly in arrears. Smartcom reserved the right to amend the tariff due to network tariff charges and change the model of the telephone supplied without notification. The offer was subject to a delivery charge of $19.95 to be paid on application by credit or charge card with up to 28 days allowed for delivery. The offer was open to any reader aged 18 and over, was valid until 1 October 1994 and was restricted to the first 5,000 qualifying respondents. There then followed the terms of an acknowledgment under the Privacy Act which in effect was a consent to Smartcom providing information of BLB1101 Australian Legal System to a credit agency.

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Statutory Provisions

…

20. Section 54 provides:

A corporation shall not, in trade or commerce, in connexion with the supply or possible supply of goods or services or in connexion with the promotion by any means of the supply or use of goods or services, offer gifts, prizes or other free items with the intention of not providing them, or of not providing them as offered.

21. By s 79(1)(a) and (b) of the Act a person who contravenes … a provision of Part V …  is guilty of an offence punishable on conviction, in the case of a person being a body corporate, by fine not exceeding $200,000. Sections 53 3 and 54 are in Part V.

The Informations against Nationwide

22. There were six newspaper advertisements…. In BLB1101 law respect of each advertisement there are informations alleging contravention of s 53 …  and s 54, a total of 24 informations in all. Although there is some variation between the form of the differing advertisements, the issues which arise in this case can be most conveniently dealt with by considering the informations in groups according to the particular statutory provision concerned.

…

Group IV – s 54 – Not Providing as Offered

44. This group consists of BLB1101 law informations (criminal complaints) 3, 6, 9, 12, 15, 18, 21 and 24, which cover each advertisement. These informations allege that Nationwide in connexion with the promotion of the supply of goods, to wit newspapers, offered free items, namely mobile phones, with the intention of not providing them as offered.

45. Particulars to these informations state that the advertisement “Free mobile phone for every reader Don’t miss Monday’s Telegraph Mirror” (and variations) “constituted an offer to provide a mobile phone to every reader of the Daily Telegraph Mirror without conditions”. It was said that Nationwide at all material times intended BLB1101 Australian Legal System that mobile phones (a) would only be provided to a maximum of 5,000 readers of the Daily Telegraph Mirror; and (b) subject to the further condition that in each case the reader entered into a Smartplan 130 agreement with Smartcom pursuant to which the reader would become liable to pay the amounts mentioned.

…

50. [O]ne of the elements of the offence created by s 54 is the intention on the part of the defendant of not providing the gifts, prizes or other free items in question, or not providing them as offered. These words “necessarily import a mental element”: He Kaw Teh at 539 per Gibbs CJ. What has to be proved is the actual intention of the defendant, just as “purpose” in s 45D means “the operative subjective purpose of those engaging in the relevant conduct”: Tillmanns Butcheries Pty Ltd v Australasian Meat Industry Employees’ Union [1979] FCA 85 …  at 348 per Deane J.

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54. … [I]n my view these charges fail because the requisite intention has not been established.

55. The “offer” here was an offer of mobile phones on terms to be disclosed in the Daily Telegraph Mirror of Monday 1 August. There was no suggestion in the advertisements that anybody could take up the offer before that date, or without regard to whatever details were to appear in the paper published on that date. Commercially of course the whole point of the promotion in the earlier advertisements was to excite the attentionBLB1101 Australian Legal System of people who might be induced to buy Monday’s paper. Nobody was going to get any phones in the meantime.

56. Nationwide neverBLB1101 law had an intention of not providing mobile phones “as offered” – that is to say on and from Monday 1 August on terms to be revealed in the Daily Telegraph Mirror of that date. In fact Nationwide did provide mobile phones in accordance with the offer. This proved not to be an onerous obligation – only 108 phones were applied for.

57. The limitation of the offer to 5000 phones was decided on by Mr Allan. A member of his staff told him that enquiries of the Daily Express in Scotland which had run a similar promotion indicated a likely level of demand which would make 5000 phones “more than enough”. Mr Allan’s own experience with promotions confirmed this view.

58. The offer would not convey the literal meaning that there were immediately available in some warehouse 1.3 million mobile phones, that being the readership of the Daily Telegraph Mirror. Obviously enough “every reader” meant every reader who applied for a phone. Nationwide in fact had the intention of providing a phone for every such reader. Nationwide believed on reasonable grounds that such intention could be carried out – as in fact it was. But in any case the offer “as offered” was on the terms which would appear BLB1101 Australian Legal System in the Daily Telegraph Mirror of 1 August, which included a term that the offer was restricted to the first 5000 qualifying respondents.

…

60. I have found that there were no such contraventions [of ss 79(1) and 54] by Nationwide.

Orders

61. As to Nationwide, all [Group IV – s 54]  informations [complaints] are dismissed.

Task 

 

Advise whether ALSIC Blooms has breached s 32 of the Australian Consumer Law (ACL), taking into account the decision in Nationwide News Pty Ltd v Australian Competition & Consumer Commission (ACCC) [1996] FCA 1684 (as extracted below). 

Note: In youradvice youBLB1101 Australian Legal System must refer only to authority provided by s 32 ACL (reprinted below) and Nationwide News Pty Ltd v Australian Competition & Consumer Commission (ACCC) [1996] FCA 1684as set out in the case extract provided below. Do not refer to any other legal rules (either cases or legislation) that you may happen to know but which are not expressly referred to below. Be sure to demonstrate legal reasoning in your answer using a HIRAC approach.

Assessment criteria

Your BLB1101 Australian Legal System submission must:

• Identify and analyseBLB1101 Australian Legal System issue/dispute/problem. Deconstruct it by considering it from multiple perspectives.
• Identify and explain the relevant elements in the BLB1101 law legislation. Connect aspects BLB1101 law of BLB1101 law the issue/dispute/problem to the relevant and specific elements in the legislation.
• Logically reason and structure your argument. Demonstrate legal reasoning in your answer using a HIRAC approach. 
• Conclude and offer clear and focused advice to the client 
• Write clearly and succinctly in the third person. 
• Reference your work as per AGLC.           

BLB1101 law Assessment criteria for Part A and Part B

•  

ASSIGNMENT 3

Highly Proficient (HD)

Proficient (D)

Competent (C)

Competent (Just) (P)

Underdeveloped (N)

Very  Underdeveloped (LN)

PART A

Reflection (10% marks)

The reflection is multi-faced, succinct analysis of the critical learning experience.

The reflection is a good analysis the key learning experience.

The reflection is a simple analysis of the learning experience

The reflection is a description of the learning experience, however missing some key insights.

The reflection is an incomplete description of some learning experience, missing key insights.

No reference made to the learning experience.

Connections to unit and outside experiences (10% marks)

Explicitly connects the experience, unit content and past learning (eg. previous units, life experiences, future goals)  The reflection explains the learning process and implication s for future learning.

Makes connections between the experience to unit content and/or learning.   The reflection explains the learning process.

Mostly connects the experience to unit content and/or learning   The reflection demonstrates some thinking about learning.

Makes limited or minimum connections to unit content and/or learning.    The reflection mentions some learning.

Makes superficial or no connection to other learning or experiences.    The reflection does not address any learning.

Connections made (if at all), are irrelevant or superficial.

Reflection on the experience and the social and political factors impact on the legal system   (20% marks)

Critically reflects on the experience and the social and political factors that impact the Australian legal system in a succinct, logical and sophisticated way, articulating in-depth personalised ideas and perspectives and citing relevant evidence/research sources to support views expressed;

Reflects on the experience and the social and political factors that impact the legal system, makes clear connections, in a succinct, logical and sophisticated way, articulating in-depth personalised ideas and perspectives and citing relevant evidence to support views expressed with occasional gaps;

Some connections between the experience and the social and political factors that impact the legal system, acknowledging different sides of the issue, including own perspective; evidence used is mostly relevant but may not always be used with understanding and consistency; there are gaps in reasoning;

Occasionally unclear connections between the experience and the social and political factors that impact the legal system, acknowledging different sides of the issue, including own perspective; evidence used is mostly relevant but may not always be used with understanding and consistency; there are significant gaps in reasoning;

Limited connection or connections are irrelevant to the social and political factors that impact the Australian legal system; lacks conviction; report relies on unsubstantiated claims and/or demonstrates a lack of balance and consistency; major elements are missing;

No connections to the social and political factors that impact the Australian legal system; presents only one side of the issue; hard to follow and lacks conviction; report relies on unsubstantiated claims and/or demonstrates a lack of balance and consistency; major elements are missing;

PART B

Identify and analyse issue/ dispute/problem   (5% marks)

Appraises the issue/s and complexities  related to the problem. Constructs a clear problem statement with all relevant contextual factors

Analyses the  issue/s related to the problem. Recognises and defines the aspects of the problem including interconnections

Summarises the issue/s related to the problem, identifies aspects of the problem

Identifies most aspects of the problem

Unclear definition of the problem. Misses or raises only superficially issues relevant to the problem

Fails to show real understanding of the legal issues; Misses or raises only superficially issues relevant to the problem

Identify and explain the relevant elements in case law and legislation (15% marks)

Systematically deconstructs and correctly identifies all relevant elements in the legislation.  Succinctly and comprehensively explains the key elements in own words.

Correctly identifies key elements in the legislation. Comprehensively explains the key elements in own words.

Identifies most key elements in the legislation. States the key elements mostly in own words.

Identifies key elements  in the legislation (at an acceptable standard) with some gaps; States the identified elements in the words of the source document.

Identifies elements in the legislation however there are significant gaps and/or fails to summarise in own words

Fails to show real understanding of the elements in the legislation provided; Fails to summarise in own words

Reasoning and presentation of argument (25% marks)

Logically applies legal reasoning to the issues in the problem; Systematically and consistently applies relevant principles/rules/tests to the problem; Consistently and accurately uses evidence to defend argument.

Applies legal reasoning to the issues in the problem. Applies relevant principles/rules/tests to the problem. Consistently uses evidence to defend argument.

Adequately applies legal reasoning to the issues in the problem. Mostly applies relevant principles/rules/tests to the problem. Mostly consistent in using evidence to defend argument.

Basic application of legal reasoning to the issues in the problem. Occasionally applies relevant principles/rules/tests to the problem. Occasional use of evidence to defend argument.

Unclear application of legal reasoning to the issues in the problem. Limited application of relevant principles/rules/tests to the problem.              Poor or limited use of evidence to defend argument.

Fails to apply legal reasoning to the issues in the problem. Misses or only superficially applies the relevant principles/rules/tests to the problem.  Poor or limited use of evidence to defend argument.

Conclusion and advice to client (5% marks)

Conclusion based on evidence presented. Advice is clear, fulsome, tailored to the client, with good consideration of ethical dimensions

A reasoned conclusion based on evidence presented.

Conclusion draws upon evidence presented.  Advice provided is adequate.

Conclusion relates to some evidence presented. Advice is basic and occasionally vague.

Conclusion not tied to evidence presented. Advice is vague, misleading or absent

Fails to provide a conclusion and little or no advice based on analysis

GLOBAL Matters (Part A and Part B)

Writing/Legal Literacy (5% marks)

Writes with clarity and fluency and is error-free including use of third person language (first person language accepted for Reflection component only); Uses succinct, accurate subheadings to add clarity and direction for both the reader and the writer. Prepares Part B (legal reasoning response) using HIRAC structure

Writes with clarity and is mostly errorfree, including the use of third person language (first person language accepted for Reflection component only.  Uses sub-headings to add clarity and direction for both the reader and the writer. Prepares Part B (legal reasoning response) using HIRAC structure

Writes clearly and generally conveys meaning. Some defects may occur in meaning, formality, use of third person or subheadings ; Mostly correct use of HIRAC structure in formulating answer in B (legal reasoning response)

Writing generally conveys ideas and may include some errors.    Writes clearly and generally conveys meaning at an acceptable standard. There may be several defects in meaning, formality, use of third person or subheadings; Mostly correct use of HIRAC structure (Part B legal reasoning response) in formulating answer may have occasional gaps;

Writing sometimes impedes meaning because of errors in usage.    Writes underdeveloped or inappropriately informal, poorly structured (including lack of subheadings) and/or badly-phrased language. Meaning often unclear. Often hard to understand. Fails to achieve an acceptable level of written expression for a legal context.  Fails to or poorly uses the HIRAC structure in formulating answer (Part B – legal reasoning response)

Writing is underdeveloped, impedes meaning because of errors in usage.   Writes underdeveloped (including no subheadings) and/or badly-phrased language. Fails to achieve an acceptable level of written expression for a legal context. Fails to or poorly uses the HIRAC structure in formulating answer. (Part B – legal reasoning response)

Applies AGLC correctly, including footnotes and bibliography (5% marks)

Applies AGLC largely correctly throughout, in footnotes and bibliography

Applies AGLC mostly correctly in footnotes and bibliography with occasional errors

Applies AGLC at an acceptable standard for an introductory unit.

Shows several deficiencies in AGLC application and/or

Fails to submit a bibliography or complete footnotes

Shows severe deficiencies in AGLC application and/or Fails to submit a bibliography or complete footnotes

For solution:

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