LAW1101 INTRODUCTION TO LAW
Available on the study desk under Assessment:
Thompson Learning 2005, Critical thinking, InfoTrac College Edition, http://infotrac.thomsonlearning.com/infowrite/critical.html .
Astor H and Chinkin C, Dispute Resolution in Australia, 2002, Lexis Nexis Butterworths, Australia, 76–96.
Disputes occur at various stages throughout our lives. It is often how well we resolve these disputes that determines whether we will be successful, especially in our business lives.
The aim of this assignment is to help students understand that although litigation has its place in dispute resolution, there is a whole raft of alternative dispute resolution processes that are becoming increasingly useful in our legal system. The main alternative is mediation but as you can see there are others.
Students should be aware that there is not necessarily one correct answer when deciding which method to use when deciding a dispute. Your consideration of the issues for and against particular methods is the concentration for this assignment.
You will be given 2 scenarios to consider (read instructions below). For each scenario you are required to:
1. Choose 2 dispute resolution methods for each of your scenarios from the following list. Some of these are described in the Astor and Chinkin reading (some have been left out intentionally and some are also known by different names). Giving reasons relating their advantages and disadvantages found in your research, state which might be preferred for each particular scenario:
c. Expert Appraisal and Determination
d. Case Presentation
2. You may use each resolution process only once in your assignment.
3. To help with answering you may make minor assumptions in relation to the scenarios. Very briefly state any assumptions that you make. However, do not elaborate too much. The focus must be on the dispute resolution methods you choose and the advantages and disadvantages of those methods.
4. Give your answer in a maximum of 400 words per scenario. (800 words total)
5. Give references for your answer. In addition to the required reading, you must reference two other sources – ie 3 altogether. Each of these sources may be used more than once, ie each time you take an idea or a quote from it. In-text referencing must be included throughout your assignment, but is not included in the word count. You must use the Harvard AGPS Referencing guide from the USQ library website.
6. You must include one “List of References” at the end of your assignment. It should be a correctly formatted list of the sources you used for your scenarios. It is not included in the word count.
7. Read the ‘criteria reference/marking sheet’ available on the study desk to see how the marks will be allocated in this assignment.
WRITE UP YOUR ASSIGNMENT
Do not include an overall introduction or conclusion for your assignment – but do so for each scenario. You must use the template supplied on the study desk.
• Informal or cover page, (see template on StudyDesk) with your name, student number, Course name and number of course, and word count;
Your assignment should be in essay format using appropriate paragraphs and organization. Start each of the following sections on a new page as per the template.
• Scenario 1:
o Copy and paste the text of scenario;
o brief introduction including chosen dispute resolution methods;
o advantages and disadvantages of each method exhibiting your critical thinking on the topics;
o list of references
• Scenario 2:
o as per Scenario 1
• List of References
SCENARIO 1 & 2
This is a process that will allocate 2 topics randomly to each student. These topics are the ones on which you will need to write 400 words each. Copy the scenarios into your Written assignment template (Do not write you answers into these scenario boxes).
Two brothers who have been left their father’s business as part of his estate after he died cannot agree on what should be done with the business. One of them wants to sell and the other doesn’t. They are about to sue each other.
The roots of your neighbour’s tree have grown under your path and broken it. They have also clogged your sewerage pipes. On the other hand you have often taken the fruit from your neighbour’s tree. At a Christmas gathering gone wrong, you both threaten to sue each other.
USE YOUR OWN WORDS
Your assignment must be written in your own words. Do not directly copy or quote material from your sources unless it is absolutely essential – and in no case should quotations be more than 5% of your assignment.
Do not use bullet points or lists.
It sounds simple, but summarizing what someone else has written, but doing it in your own words, takes a lot of learning and a lot of effort. Most people find it much easier to just use a quotation, but the ability to summarize and paraphrase is an essential skill.
That’s why it is a requirement for this course, and some of our other courses, that you write your assignments in your own words, with no more than 5% of your text consisting of quotations. We do this to ensure that students understand what they have written, and to help you improve your writing. Learning to take good notes and write in your own words is also the best way to avoid plagiarism.
We do not require you to directly quote an author’s words to prove the accuracy of your account of their argument or evidence. Just tell us in your own words what the author has said, reference the source, and the marker can check your work if they want to. If you do directly copy text from a source, it must be in quote marks or indented, and you must reference it. You can report numbers without using quote marks—just make sure you reference them.
Students who quote excessively, or fail to put copied text in quote marks, will have marks deducted. You may even be required to completely rewrite your assignment. If there is a problem, you will receive feedback via Moodle Assignment Submission.