John, Lesa, and Trevor form a limited liability company. John contributes 60 percent of the capital, and Lesa and Trevor each contribute 20 percent. Nothing is decided about how profits will be divided. John assumes that he will be entitled to 60 percent of the profits
/in Uncategorized /by Liz– please use your own words don’t copy and paste (no plagiarism)
– All answered must be typed using Times New Roman (size 12, double-spaced)
– I want answer with APA reference, References at least 3
Case Study
John, Lesa, and Trevor form a limited liability company. John contributes 60 percent of the capital, and Lesa and Trevor each contribute 20 percent. Nothing is decided about how profits will be divided. John assumes that he will be entitled to 60 percent of the profits, in accordance with his contribution. Lesa and Trevor, however, assume that the profits will be divided equally. A dispute over the profits arises, and ultimately a court has to decide the issue.
What will be the result?
How could this dispute have been avoided in the first place?
Action Items
1. Read the case study above.
2. By the due date, submit your answers to the case study questions. Justify your answers
Legal Environment of Business : BUS315 Graded Project:
/in Uncategorized /by LizLegal Environment of Business : BUS315 Graded Project: Case Brief Lesson 6 Overview In this graded project, you will have to do case briefing. Case briefing is important to every legal field. When you prepare this project you will get a good grasp and understanding on how to go about with the procedure and method of preparing a case brief. Here, you will be briefing the case found at the given link. Please click on it and make sure you follow it thoroughly. Also, to help you with this procedure, please make sure that you follow another link, which is provided here, for format required for case briefing. You must include the following five sections of the brief: Citation Facts Issue Decision Reason 6.1 Create a case brief by following the instructions and procedure Case Brief READING ASSIGNMENT Your project must be submitted as a Word document (.docx, .doc). Your project will be individually graded by your instructor and therefore may take up to five to seven days to grade. Be sure that each of your files contains the following information: Your name Your student ID number The exam number Your email address © 2021 Penn Foster Inc. Legal Environment of Business (v2) : Lesson 6 : Page 1 To submit your graded project, follow these steps: Log in to your student portal. Click on Take Exam next to the lesson you’re working on. Find the exam number for your project at the top of the Project Upload page. Follow the instructions provided to complete your exam. Be sure to keep a backup copy of any files you submit to the school! Procedure Case briefing is important to virtually every legal field. You’ll brief the case found at https://public.courts.in.gov/Decisions/api/Document/Opinion? Id=4dZ4QTcCQIhzbrcSJw3Vwu9qG8IkRT4IPM4UeEY–zLDfUY_dycmW9xE0RhWEtnE0 (p ublic.courts.in.gov/Decisions/api/Document/Opinion?Id=4dZ4QTcCQIhzbrcSJw3Vwu9qG8Ik RT4IPM4UeEY–zLDfUY_dycmW9xE0RhWEtnE0) Make sure to follow the case briefing format found in the sample case briefing at https://images.template.net/wp-content/uploads/2016/08/08040451/Sample-CaseTemplate.pdf (images.template.net/wp-content/uploads/2016/08/08040451/Sample-Case-Te mplate.pdf) . Writing Guidelines Prepare your answers in well-organized paragraphs. 1. Type your submission, double-spaced, in a standard print font, size 12. Use a standard document format with one-inch margins. (Don’t use any fancy or cursive fonts.) Your paper should be written in Microsoft Word or a Word-compatible program. 2. Include the following information at the top of your submission: Name and address, student number, course title and number, and the project number. 3. Proofread your work carefully. Check for correct spelling, grammar, punctuation, and capitalization. Grading Criteria The following is a breakdown of how your project will be graded: © 2021 Penn Foster Inc. Legal Environment of Business (v2) : Lesson 6 : Page 2 Excellent Good Proficient Needs Improvement The student provides a clear discussion of the assigned topic or issue; addresses the subject in complete sentences; supports his or her opinion by citing specific information from the text, assigned websites, and other sources; stays focused on the assigned issues; writes in his or her own words; and uses quotation marks to indicate direct quotations. The student provides a discussion of the assigned topic or issue; addresses the subject in complete sentences; supports his or her opinion by citing information from the text, assigned websites, and other sources; writes in his or her own words; and uses quotation marks to indicate direct quotations. The student provides a discussion of the assigned topic or issue; writes in his or her own words; and uses quotation marks to indicate direct quotations. The student does not provide a discussion of the assigned topic or issue, or is too disorganized and rambling; does not write in his or her own words. The student includes 1 of 3 elements The student includes an The student includes 2 of needed to introduction, analysis, and 3 elements needed to support his or conclusion supporting his or support his or her her positions; her positions; uses correct positions; uses mostly has errors with Written spelling, punctuation, correct grammar, spelling, grammar, Communication grammar, and sentence structure; punctuation, and sentence spelling, (25 Points) provides clear organization; structure; provides clear punctuation, and and makes sure the paper organization; and includes sentence contains no typographical less than 2 typographical structure; and errors. errors. includes less than 5 typographical errors. The student does not include any clear introduction, analysis, or conclusion; has many errors with grammar, spelling, punctuation, and sentence structure; and includes more than 5 typographical errors. Content (70 Points) Format (5 Points) The project is double-spaced and typed in size 12 font; uses the correct case brief format provided in the instructions; and includes the student’s name, address, student number, course title and number, and assignment number. © 2021 Penn Foster Inc. N/A N/A The project is incorrectly formatted using the wrong font and size; the case brief format is not used; or does not include the required student information. Legal Environment of Business (v2) : Lesson 6 : Page 3 Legal Environment of Business : BUS315 Graded Project: Research Memorandum Lesson 7 Overview To complete this project, you’ll prepare a written memorandum. The memo is addressed to your supervisor, a law partner in a small law firm. In the memorandum, you’ll describe which form of business organization you feel would be best for a new client. 7.1 Prepare a written memorandum by applying your knowledge and following the instructions Research Memorandum READING ASSIGNMENT Your project must be submitted as a Word document (.docx, .doc). Your project will be individually graded by your instructor and therefore may take up to five to seven days to grade. Be sure that each of your files contains the following information: Your name Your student ID number The exam number Your email address To submit your graded project, follow these steps: Log in to your student portal. Click on Take Exam next to the lesson you’re working on. Find the exam number for your project at the top of the Project Upload page. Follow the instructions provided to complete your exam. Be sure to keep a backup copy of any files you submit to the school! Procedure To complete this project, you’ll first do some research. Then, refer to your textbook for review; you’ll apply the principles of business organizations and employer-independent © 2021 Penn Foster Inc. Legal Environment of Business (v2) : Lesson 7 : Page 1 contractor relationships. Use the information provided below to prepare your memorandum. Goal Your goal for this project is to complete a well-written memorandum to your supervisor which addresses two legal issues: 1. The appropriate form of business organization for your client 2. What’s required to make sure your client’s independent contractor agreement is viewed as a legally enforceable independent contractor agreement and not as an employment agreement. Remember not to use too much legalese in your memo. You’re writing to your supervisor, who has knowledge of the subject matter. However, you must completely explain what the law is for each type of business organization you’re considering, and the reasons you’ve selected one type of business organization as best for your client. The same complete explanation is required when discussing the issue of your client’s independent contractor agreement. The Project Memorandum You’ll respond to the memorandum received from your supervisor. To: Student From: Supervisor Re: New Client, Career Institute of America, Inc. (CIA) Date: December 6, 20— Facts We’ve just met a new client, the founder and CEO of Career Institute of America, Inc. (CIA). Although the business was formed a year ago as a nonprofit corporation, they’re not sure they’re happy being a nonprofit. © 2021 Penn Foster Inc. Legal Environment of Business (v2) : Lesson 7 : Page 2 CIA is a classroom and online education organization that specializes in training students in the U.S. auto industry, one of this country’s largest industries. The client would like to retain most of the ownership and control of the company, since it is really his enterprise. He also has some concerns about the independent contractor agreement, which instructors must sign when they agree to work for the company. He wants to be sure they’re viewed as true independent contractors, and not construed as employees of the company. Note that most of the company’s income is from online training courses. You should also know that they received a U.S. Department of Labor retraining grant for the instruction they’re currently providing, a type of grant awarded only to nonprofit educational organizations. Since this was a one-time grant, they must now make their income from tuition for online courses and in the two small classrooms where they teach traditional courses. This is why they’re not necessarily opposed to changing their form of business from a nonprofit organization to a for-profit business. You should further know that the employment contract they provide to their instructors looks as if it was designed by an amateur and may not comply with the legal requirements for a valid independent contractor agreement. Research Assignment Research the two areas of law described below and prepare a memorandum addressing each area so the client can be properly advised on how to proceed. 1. First, determine the limitations of a nonprofit corporation in the state of Delaware, the state in which CIA was formed and is doing business. You should also review the law for nonprofit and for-profit corporations, as well as limited liability companies, to determine the best form of business for the client. Consult the listing of Delaware statutes on the Delaware state website at http://www.corp.delaware.gov/DElaw.shtml (www.corp.delaware.gov/DElaw.shtml) to assist you in your research. For more general information concerning nonprofit corporations, forprofit corporations, and limited liability companies, the following websites can assist you: http://www.law.cornell.edu (www.law.cornell.edu) http://www.freeadvice.com (www.freeadvice.com) © 2021 Penn Foster Inc. Legal Environment of Business (v2) : Lesson 7 : Page 3 http://www.findlaw.com (www.findlaw.com) http://www.nolo.com/legal-encyclopedia (www.nolo.com/legal-encyclopedia) http://www.hg.org (www.hg.org) Combine this information with what you know about business organizations and what the client wants, so you can recommend the best form of business organization for CIA at this time. 2. The second issue concerns the contract signed by CIA instructors, who teach the programs and grade the students’ papers. Research employment and independent contractor agreements using the websites listed above or on search engines such as Google or Bing. Since the agreements will be signed by client’s instructors located in other states, we want to use the general law dealing with such agreements rather than state-specific. Be sure to identify each of the key elements necessary for the agreement to be viewed as an independent contractor agreement and not an employment agreement, as well as any other suggestions you might have for the client in connection with their instructor contracts. Here are some helpful hints: Remember that the project requires that you use the memo format provided and that you research both issues requested: the most appropriate form of business organization to meet the client’s needs and the requirements for an agent to be deemed an independent contractor and not an employee. First locate the law for each of the two issues. Next, analyze the information you found and apply it to the needs of the client. Both your research and your analysis should then be summarized and included in your memo. Writing Guidelines Prepare your answers in well-organized paragraphs, and use these writing guidelines: 1. Type your submission double-spaced, in a standard print font of size 12. Use a standard document format with one-inch margins. Don’t use any fancy or cursive fonts. 2. Include the following information at the top of your submission: Name and address, © 2021 Penn Foster Inc. Legal Environment of Business (v2) : Lesson 7 : Page 4 student number, course title and number, and project number. 3. Read the assignment carefully, and address the issues suggested. 4. Be specific. Limit your submission to the topics raised. 5. Include a reference page that lists websites, journals, or any other references used in preparing the submission. Remember, if you use someone’s words or ideas, you must cite them directly in your memo. 6. Proofread your work carefully. Check for correct spelling, grammar, punctuation, and capitalization. For this project, please use the following format for your legal memorandum: To: From: Re: Date: Summary of Applicable Facts: Issues: Law: Analysis: Grading Criteria The following is a breakdown of how your project will be graded: Excellent © 2021 Penn Foster Inc. Good Proficient Needs Improvement Legal Environment of Business (v2) : Lesson 7 : Page 5 The student provides a clear discussion of the assigned topic or issue; addresses the subject in complete sentences; supports his or her opinion by citing Content specific information from the text, (70 Points) assigned websites, and other sources; stays focused on the assigned issues; writes in his or her own words; and uses quotation marks to indicate direct quotations. The student provides a discussion of the assigned topic or issue; addresses the subject in complete sentences; supports his or her opinion by citing information from the text, assigned websites, and other sources; writes in his or her own words; and uses quotation marks to indicate direct quotations. The student provides a discussion of the assigned topic or issue; writes in his or her own words; and uses quotation marks to indicate direct quotations. The student does not provide a discussion of the assigned topic or issue, or is too disorganized and rambling; does not write in his or her own words. The student includes 1 of 3 elements needed The student includes an The student includes 2 of 3 to support his or introduction, analysis, and elements needed to support her positions; has conclusion supporting his or her his or her positions; uses errors with Written positions; uses correct grammar, mostly correct grammar, grammar, Compunctuation, and spelling, punctuation, and spelling, munication spelling, structure; provides sentence structure; punctuation, and (25 Points) sentence clear organization; and makes provides clear organization; sentence sure the paper contains no and includes less than 2 structure; and typographical errors. typographical errors. includes less than 5 typographical errors. The student does not include any clear introduction, analysis, or conclusion; has many errors with grammar, spelling, punctuation, and sentence structure; and includes more than 5 typographical errors. Format (5 Points) The project is double-spaced and typed in size 12 font; uses the correct memorandum format provided in the instructions; and N/A includes the student’s name, address, student number, course title and number, and assignment number. © 2021 Penn Foster Inc. N/A The project is incorrectly formatted using the wrong font and size; the memorandum format is not used; or does not include the required student information. Legal Environment of Business (v2) : Lesson 7 : Page 6
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How do you believe the current uncertainty as to a clear winner of the Presidential election and the likelihood of legal challenges impacts business from a legal perspective?
/in Uncategorized /by LizHow do you believe the current uncertainty as to a clear winner of the Presidential election and the likelihood of legal challenges impacts business from a legal perspective?
Pick one ethical dilemma arising from the collection of customer information and one ethical dilemma arising from the sharing or selling of customer information. From an ethical standpoint, how should a business handle a customer’s information?
/in Uncategorized /by LizDescription
The purpose of this assignment is to examine the interplay of business ethics, consumer privacy, and the collection and use by business of customer information in a digital marketplace.
Businesses have increasingly focused on understanding the customer, which has led to the collection and sharing of vast amounts of customer information. Some customers welcome the increased convenience and personalization of marketing that these approaches provide, but many customers are concerned about how these practices affect their privacy. There are currently no federal laws that ban the collecting, sharing, or selling of information regarding the customer, including but not limited to name, address, telephone/cellphone number, birthdate, age, email address, transaction history, purchase history, online search history, location history, and other information that is not protected by law.
Review the prompt below and address the associated questions in 750-1,000 words.
Currently, federal laws focus on protecting some financial and credit information, children’s privacy, some medical information, social security numbers (sometimes), required notice of the company’s privacy policy (to explain the entity’s information-sharing practices to their customers), notice of the use of internet cookies, the Do Not Call list, and network security to prevent security breaches, to name a few focuses. However, there are no laws protecting other customer information. Many businesses require customers’ personal information to be shared with the business in order to purchase a product or service from the business, for example, name, address, email address, and phone number. Some of this information is also obtained when a credit or debit card is used in a transaction. This information is often shared or sold. Much information that was formerly considered private is now readily accessible by anyone with access to the internet. Some additional issues related to sharing and selling such information include identity theft, robomarketing, geotracking, and cyberstalking.
- Pick one ethical dilemma arising from the collection of customer information and one ethical dilemma arising from the sharing or selling of customer information. From an ethical standpoint, how should a business handle a customer’s information?
- Discuss whether customers should have the option to provide personal information during a transaction.
- The use of various forms of technology in business is ubiquitous. Discuss the potential ethical benefits and drawbacks of the use of technology in business regarding customer information. For example, think about the potential benefit of receiving coupons or notices of sales regarding the type of food a customer purchases because the customer’s food purchases are tracked. In addition, think about the potential danger of businesses or the government knowing what kind of food a person purchases because the business or government is tracking food purchases, then denying or limiting access to health care or health insurance based on the purchase of foods that are considered unhealthy.
- From a Christian worldview, discuss the ethical dilemmas regarding businesses’ exploitation of customers’ personal information for financial gain.
You must include at least two academic references to support your ideas.
Prepare this assignment according to the guidelines found in the APA Style Guide, located in the Student Success Center.
This assignment uses a rubric. Please review the rubric prior to beginning the assignment to become familiar with the expectations for successful completion.
You are required to submit this assignment to LopesWrite. A link to the LopesWrite technical support articles is located in Class Resources if you need assistance.
Did Billy exert undue influence over Calvin to cause Calvin to enter into the contract that allowed Billy to sell the penny?
/in Uncategorized /by LizCalvin had been an avid coin collector for many years, and the most valuable coin in his collection was an uncirculated, mint condition, 1943 Lincoln penny made of copper (most pennies made during World War II were made of zinc because copper was needed in the war effort). That penny had a value of between $60,000 and $95,000.
In August of 2017, Calvin had a serious stroke that left him unable to speak or walk, but his doctor assured his family that Calvin would recover over time with intensive therapy.
Calvin was a widower and did not have any children, but he had several nephews who visited him from time to time as he recovered. None of the nephews had any real interest in Calvin’s coin collection. One of Calvin’s nephews, Billy, who visited Calvin more often than the other nephews, sometimes listened to Calvin talk (talking was a part of Calvin’s therapy) about his mounting medical bills and his coin collection, but Billy never showed much interest in the medical bills or the coin collection.
In October, as Calvin’s recovery progressed slowly, Billy visited Calvin and told Calvin that he had been reading about coin collecting, and he realized that Calvin’s collection, especially the 1943 Lincoln copper penny, was valuable, and Billy suggested that Calvin should consider selling the 1943 Lincoln copper penny and use the proceeds to pay his medical bills. Calvin resisted the idea at first, but Billy continued to urge Calvin to sell the penny so that he would not have to worry about the medical bills. Finally, when Billy told Calvin that he would arrange the sale of the penny for a commission of just 5% of the sale price of the penny, Calvin began to think that selling the coin might be a good idea. He was still a little confused about how the sale would work and what Billy would do to make sure that the penny would be sold for the best price. Calvin
told Billy that he thought that the penny was worth almost $100,000, but Billy assured Calvin that the market had changed recently, and that the penny was now worth $40,000 to $45,000. Eventually, Calvin allowed Billy to sell the penny for the best price he could get and to take a 5% commission for arranging the sale of the penny. Billy then sold the penny to a friend for $40,000, took his 5% commission, and paid the remainder of the sale price to Calvin.
A few months later, as Calvin continued to recover, he read a story in a coin collecting magazine about how an uncirculated, mint condition, 1943 Lincoln penny made of copper had just sold at auction for more than $100,000, and Calvin began to wonder if Billy had taken advantage of him. Calvin consulted a lawyer and asked the two questions below.
Did he (Calvin) have the mental capacity to enter into the contract when he agreed to let Billy sell the penny? What would he (Calvin) have to prove to show a court that he did not have the necessary mental capacity when he authorized Billy to sell the penny?
Did Billy exert undue influence over Calvin to cause Calvin to enter into the contract that allowed Billy to sell the penny?
What do you think? Does Calvin have a case to set aside the contract with Billy on either of these theories?
omasanta v. mitton case, available on p. 212, Cheeseman, Contemporary Business Law, 8th ed.
/in Uncategorized /by LizDear All,
Please summarize, in your own words, the facts and the decision of the court in the case mentioned below:
romasanta v. mitton case, available on p. 212, Cheeseman, Contemporary Business Law, 8th ed.
Your homework should include, especially, the following:
· the nature of and the parties to the contract
· the facts that underlie the dispute
· a summary of the respective arguments of the Plaintiff and the Defendant
· the decision and reasoning of the Courts
Comment on Brandon L. Garrett’s recommendations that various steps be taken to improve the efficacy of deferred prosecution agreements, including greater judicial oversight, greater use of court-appointed monitors, and greater attention to breaches of the agreements. Do you agree that such steps should be undertaken to improve the effectiveness of deferred prosecution agreements? Why or why not?
/in Uncategorized /by LizYOU ARE REQUIRED TO COMPLETE PART 1 AND PART 2.
PART 1
Read the article below and post answers to the questions posted below along with your comments on the Enron movie as indicated in that thread as well.
Note: This is a book review by Jed S. Rakoff of author Brandon L. Garrett’s Too Big to Jail: How Prosecutors Compromise with Corporations.
Discussion Questions:
- Describe the concept of “deferred prosecution” as it relates to corporate criminal liability.
- Comment on Brandon L. Garrett’s recommendations that various steps be taken to improve the efficacy of deferred prosecution agreements, including greater judicial oversight, greater use of court-appointed monitors, and greater attention to breaches of the agreements. Do you agree that such steps should be undertaken to improve the effectiveness of deferred prosecution agreements? Why or why not?
- In your reasoned opinion, are deferred prosecutions are good idea? Why or why not?
PART 2
- Watch The Smartest Guys in the Room using the link below.
The Smartest Men in the Room (Links to an external site.)
2. Briefly describe some of the business ethical issues presented in the movie Enron and whether you believe or not that the government has a role to play in regulating corporations. In light of the current economic conditions has your opinion changed since the Enron scandal? Be specific as to why or why not and refer to the legal principles discussed in the various readings as well.
Do you agree with Rory Stewart that democracy is important — not as a tool, but as an ideal? But how do we make the ideal work in reality?
/in Uncategorized /by LizUse this forum to discuss the following:
Do you agree with Rory Stewart that democracy is important — not as a tool, but as an ideal? But how do we make the ideal work in reality?
Does the US Constitution provide a tool for today or an ideal to strive for?
MLF1002 –Legal Case Study Assessment 3 (40%)
/in Uncategorized /by LizMLF1002 –Legal Case Study Assessment 3 (40%)
For this legal case study assessment, students are to apply the concepts taught in the law modules for the unit (Modules 9, 10 and 11) to a case study ‘Leighton Holdings: Building Bribery’ and answer four short answer questions. To best answer these questions, students may be required to research beyond the principles taught in the lectures and tutorials, and will be required to reference any external material that is used to form the substance of their answers.
In breaking down the marks that are available for this assessment, each question is worth 9 marks for a total of 36 marks for the content portion of the assignment. The remaining 4 marks are awarded for the use of referencing and the structure / presentation of assignment submissions. Students are to integrate a completed cover page (a template is provided on Moodle) into their assignment document and submit their assignment file in soft copy format to a turnitin link in Moodle. A hard copy version of your assignment is not required to be submitted to your lecturer or tutor.
Assessment Questions
Read the Leighton Holdings: Building Bribery case study and answer the following questions:
- What areas of law are pertinent to this case study? Describe what the identified areas of law cover, and explain how they are relevant to the issues raised in the case study. (500-600 words) (9 marks)
- Describe the regulatory responsibility of the Australian Securities and Investments Commission (ASIC). Why was it suggested in the case study that ASIC was a regulatory body with weak foundations that failed to effectively handle the investigation into Leighton Holdings? (500-600 words) (9 marks)
- What is the business structure utilised by Leighton Holdings and what are its main features? How does the principle of separate legal existence apply to prevent the directors, employees and shareholders of Leighton Holdings from being personally liable to external stakeholders for the impropriety that has occurred here? (500-600 words) (9 marks)
- Using Leighton and other similar scandals, discuss the importance of tone at the top (the example set by leaders) and remuneration policy in contributing to, or preventing, corruption. (500-600 words) (9 marks)
Below is the marking rubric which will be used to grade your submission:
| Question 1 – Relevant areas of law | 0 – 2 marks
Very limited knowledge of topic with significant gaps between what was covered and what answer should have addressed. Answer shows no conceptual understanding, or ability to apply those concepts in answering the question. |
2 – 4 marks
Limited knowledge of topic and will not have discussed relevant points in much detail. Answer shows a general lack of conceptual understanding, or ability to apply those concepts in answering the question.
|
4 – 5 marks
Reasonable knowledge of topic but may not have discussed all relevant points in answer, or what was discussed often lacks detail. Demonstrates a reasonable conceptual understanding and a sound ability to apply those concepts in answering the question. |
5 – 7 marks
Good knowledge of topic but may not have discussed all relevant points in answer, or will have discussed all relevant points but will occasionally lack detail. Mostly demonstrates a high level conceptual understanding and a very good ability to apply those concepts in answering the question. |
7 – 9 marks
Comprehensive/detailed knowledge of topic with discussion of all relevant points in answer. Consistently demonstrates an excellent conceptual understanding and an outstanding ability to apply those concepts in answering the question. |
/ 9 |
| Question 2 – Regulatory responsibility of ASIC | 0 – 2 marks
Very limited knowledge of topic with significant gaps between what was covered and what answer should have addressed. Answer shows no conceptual understanding, or ability to apply those concepts in answering the question. |
2 – 4 marks
Limited knowledge of topic and will not have discussed relevant points in much detail. Answer shows a general lack of conceptual understanding, or ability to apply those concepts in answering the question. |
4 – 5 marks
Reasonable knowledge of topic but may not have discussed all relevant points in answer, or what was discussed often lacks detail. Demonstrates a reasonable conceptual understanding and a sound ability to apply those concepts in answering the question. |
5 – 7 marks
Good knowledge of topic but may not have discussed all relevant points in answer, or will have discussed all relevant points but will occasionally lack detail. Mostly demonstrates a high level conceptual understanding and a very good ability to apply those concepts in answering the question. |
7 – 9 marks
Comprehensive/detailed knowledge of topic with discussion of all relevant points in answer. Consistently demonstrates an excellent conceptual understanding and an outstanding ability to apply those concepts in answering the question. |
/ 9 |
| Question 3 – Business Structure and Separate Legal Existence | 0 – 2 marks
Very limited knowledge of topic with significant gaps between what was covered and what answer should have addressed. Answer shows no conceptual understanding, or ability to apply those concepts in answering the question. |
2 – 4 marks
Limited knowledge of topic and will not have discussed relevant points in much detail. Answer shows a general lack of conceptual understanding, or ability to apply those concepts in answering the question.
|
4 – 5 marks
Reasonable knowledge of topic but may not have discussed all relevant points in answer, or what was discussed often lacks detail. Demonstrates a reasonable conceptual understanding and a sound ability to apply those concepts in answering the question. |
5 – 7 marks
Good knowledge of topic but may not have discussed all relevant points in answer, or will have discussed all relevant points but will occasionally lack detail. Mostly demonstrates a high level conceptual understanding and a very good ability to apply those concepts in answering the question. |
7 – 9 marks
Comprehensive/detailed knowledge of topic with discussion of all relevant points in answer. Consistently demonstrates an excellent conceptual understanding and an outstanding ability to apply those concepts in answering the question. |
/ 9 |
| Question 4 – Corporate Governance and Corruption | 0 – 2 marks
Very limited knowledge of topic with significant gaps between what was covered and what answer should have addressed. Answer shows no conceptual understanding, or ability to apply those concepts in answering the question. |
2 – 4 marks
Limited knowledge of topic and will not have discussed relevant points in much detail. Answer shows a general lack of conceptual understanding, or ability to apply those concepts in answering the question. |
4 – 5 marks
Reasonable knowledge of topic but may not have discussed all relevant points in answer, or what was discussed often lacks detail. Demonstrates a reasonable conceptual understanding and a sound ability to apply those concepts in answering the question. |
5 – 7 marks
Good knowledge of topic but may not have discussed all relevant points in answer, or will have discussed all relevant points but will occasionally lack detail. Mostly demonstrates a high level conceptual understanding and a very good ability to apply those concepts in answering the question. |
7 – 9 marks
Comprehensive/detailed knowledge of topic with discussion of all relevant points in answer. Consistently demonstrates an excellent conceptual understanding and an outstanding ability to apply those concepts in answering the question. |
/ 9 |
| Referencing/Structure/Presentation | 0 marks
Cover page not included. Incoherent writing style with structure not appropriate to short answer format. Recurrent grammar, formatting and spelling mistakes. No in-text referencing or reference list provided. |
1 mark
Cover page not included. Largely incoherent writing style with structure not appropriate to short answer format. Recurrent grammar, formatting and spelling mistakes. Either in-text referencing or reference list missing. |
2 marks
Cover page may / may not have been included. Good writing style with structure appropriate to short answer format. Inconsistent grammar, formatting and spelling applied. In-text referencing and reference list incomplete or contains errors. |
3 marks
Cover page included. Very good writing style with structure largely appropriate to short answer format. Grammar, formatting and spelling mostly accurate. In-text referencing and reference list provided that accords with Chicago referencing system. |
4 marks
Cover page included. Fluent writing style with structure appropriate to short answer format. Grammar, formatting and spelling accurate (little to no mistakes). In-text referencing and reference list provided that accords with Chicago referencing system. |
/ 4 |
Referencing and appropriate acknowledgement of sources
Most often errors in referencing are incidental or clearly inadvertent. In the event of a level one incident of plagiarism occurring, a student may be contacted by the University and required to undertake further training or remedial work in relation to referencing. Where the lack of correct referencing appears to contravene the University policy on plagiarism, the student’s paper will be referred to the Unit Coordinator and dealt with according to University policy. This may amount to academic misconduct.
An important aspect of the University Plagiarism Policy is recognition that not all plagiarism incidents are intentional or involves cheating. If students are not learning as expected, they will be made aware of their difficulties and helped to improve. Those who deliberately choose to cheat by way of plagiarism, however, will be identified and dealt with accordingly.
Students are strongly advised to understand their responsibilities in relation to correct referencing and should consult the unit outline and the referencing information in the Learning Hub section of the Moodle site.
IMPORTANT: As a part of the plagiarism monitoring process for this assessment, investigations are made into whether students have used contract cheating websites such as Chegg or Course Hero. The use of these websites in connection with this and the other assessments for the unit is strictly prohibited and the university has an account with these platforms to enable them to view postings of any assessment questions and identify which students have posted them. Any aspect of the student’s submitted work that matches an answer to any of the assessment questions that appear on these websites (as verified by the similarity report for the submission) will result in an automatic fail for this piece of assessment.
Format of assignments
Assignments cannot be handwritten and must comply with the following format requirements below.
Document type: Word or pdf (pdf preferred).
Font: Arial or similar font – no smaller than 12 point in size.
Pages: Numbered in top or bottom margin.
Spacing: Appropriate line spacing and paragraph spacing.
Margins: At least 2.5 cm top, left, right & bottom.
Labelling of assignment file: Should include student’s Curtin ID number, their first and last names, and the title of the assignment (BLAW1002 Legal Case Study).
Presentation
A well-presented assessment will consider and meet the following criteria:
- Cover sheet (located on Moodle under the ‘Assessment’ tab) must be completed and integrated into your assignment document (The system will only allow you to submit one file so you won’t be able to submit your cover page and assignment document separately).
- Appropriate sentence structure.
- Correct grammar, spelling and punctuation.
- Paragraph size and breaks appropriate.
- Consistent format.
- Appropriate use of headings and sub-headings.
- Within acceptable word limit.
- Appropriate referencing and acknowledgment of sources.
Word Limit
The total assignment should be a minimum of 2,000 words and not exceed 2,400 words.
Please provide a word count on your cover sheet. A penalty of 10% will be imposed on assignments that exceed the word limit. The assignment will not be assessed if it exceeds 2,600 words and will result in a ZERO mark.
The word count does not include the following:
- cover sheet;
- in-text referencing;
- referencing list; and
- headings or sub-headings.
Submission of Assignment Document
Please read the submission process carefully.
All assignments must be submitted by their due dates as mentioned in the assessment guide. Students are required to submit their assignment to Moodle through a link provided in the ‘Assessment’ folder titled ‘Assessment 3 Submission Point’. The assignment will automatically be submitted to the plagiarism detection program, Turnitin.
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