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27/08/2022
Note that your emphasis should not be on length but rather on clarity and precision of thought and expression. You must indicate the length of the assignment on your paper. Word count not recorded – Students will be penalized 2 marks for failing to record the correct word count on the cover sheet or assignment. Word count exceeded.
Style Guide: include footnotes or endnotes and a bibliography. These are not included in calculating the papers word length (unless the footnote is used for extremely long passages of text that may run the risk of circumventing the word limit). Referencing for all Law assignments must be based on the following Australian Guide to Legal Citation (latest edition) University of Melbourne. (http://www.mulr.law.unimelb.edu.au/go/AGLC3)
Marking Schedule: a marking sheet is attached. Marks will be primarily awarded for content, analysis and reasoning (based on sound research) but expression, grammar and spelling, presentation and form will also be taken into account (especially where such detracts from the strength of the argument/analysis). Regard shall be had to the following criteria:
1. Demonstrated familiarity with the relevant law and policies (based on sound research);
2. Evaluation of arguments/critical analysis of the relevant law and policies (based on sound research);
3. Development of argument (based on sound research);
4. Structure and organisation;
5. Originality;
6. Quality of expression, spelling, grammar, and punctuation; and
7. Referencing and bibliography.
Structure: While there is always a place for creativity in answering the questions set, somewhere towards the early part of the answer, there should be an outline/summary/statement of your argument/answer to the question in a nutshell. (Where a question includes a quotation to be analysed, ensure that you address the nub of the quotation in all aspects of 3 the assignment). The assignment should also typically include: brief statement of the law/development or change proposal/development; analysis (eg what was/is the change meant to achieve and why; has it achieved/is it likely to achieve that goal; is it too early to tell; what does the case law and scholarly analysis tell us?) The conclusion ought to consist of a summary showing how your analysis supports your opinions/deductions. It is significant to note that good research supports good analysis. Headings may also be useful. For the problem section of the question, the IRAC (issue, rule, apply, conclude) technique may be useful.
Research Skills: Please refer to Milne, S & Tucker, K, A Practical Guide to Legal Research, latest edition, Law Book Company. You will note from the schedule for the course, that the lecturer takes students through research databases and methodologies that are relevant to the assignment, also. It is important to attend that class as it is important to attend most classes.
Policy on Plagiarism: Please note the link on the web site to the Universitys policy on plagiarism. This WILL be enforced. Recent case law has confirmed that evidence of plagiarism at University will be considered by a court upon an application for admission. Failure to disclose such evidence is viewed very seriously.
Question: Mona has developed a prototype phone watch called the Safety First watch for use by anyone. This product combines Global Positioning Satellite and phone technology. It is designed to call the nearest emergency services be it the police, ambulance or fire rescue on the push of a specific button located on the watch. Once the call is made, the wearer of the watch can speak to the relevant emergency services through the in-built speaker on the watch. The Safety First watch is battery operated, water-resistant, dust resistant and shock-proof. It even has an in-built camera that automatically records for up to 30 seconds all images and sounds that the camera captures once the emergency button has been activated. The sound recording of this video is automatically sent by phone to emergency services once the initial alert has been activated. Mona claims that this technology has the potential to save lives by the push of a button. The Safety First watch is still in the early stages of research and development. Mona urgently requires another $100,000 to complete her initial testing of the device. It is anticipated that commercialization of the product will follow soon after. Advice Mona on the best form of business structure that is suitable for her. In your advice to Mona you will need to include the following:-
1. Your recommendation as to the most suitable type of business structure she should adopt and why. (10 marks)
2. In doing so, you will need to consider at least two (2) other business structures and explain why these may not be appropriate for Mona. (10 marks)
3. Discuss how your recommendation can be implemented. In what form and how might Mona raise the $100,000 she is seeking? (10 marks)
You will need to undertake legal research and analysis in order to provide support for all of your answers above and this includes references to the relevant law where applicable. [Total 30 Marks]
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