Assessment 3: Legal memorandum

Due 10 Oct by 23:59 Points 100 Submitting a file upload

Overview
Task type
Method
Individual weighting Due date
Length/time
Legal
memorandum Individual 45% 23:59 AEDT Monday
10 October 2022,
Week 7 1400 words +/- 10% with a 5slide presentation
Purpose
1. Practise creating a legal draft in response to a legal issue
2. Practise creating comprehensive and objective legal memoranda
3. Summarise and describe the components and process of legal argument
4. Practise the application of core advocacy skills
5. Apply core principles of alternative dispute resolution
Outcomes
Unit learning outcomes alignment
Graduate learning outcomes alignment
ULO1: Gain and apply core legal writing skills including in relation to writing legal documents
ULO2: Use and interpret primary sources of law, such as common law and statute, as well as secondary sources, such as journal articles and books P1: Employ up-to-date and relevant knowledge and skills
P3: Use creativity, critical thinking, analysis and research skills to solve theoretical and realworld problems
ULO3: Develop skills in relation to legal problem solving and statutory interpretation
Submission guidelines
The assessment must be submitted online via the teaching site in UCLearn. The rst page of each assessment item should include the assessment coversheet declaring the authenticity of the work.
? Click on the link below to download the assessment coversheet template.
? Assessment coversheet
(https://courseapps.studyonline.canberra.edu.au/courses/JD/11751_Legal_Methods/JD%20assessment%20coversheet.docx)
Students' names are not to be included on any assessment tasks/submission. Only Student ID numbers should be included (as per the Assessment Policy (https://www.canberra.edu.au/Policies/PolicyProcedure/Index/260) and Assessment Procedures (https://www.canberra.edu.au/Policies/PolicyProcedure/Index/261) ). ? If you would like to check your draft submission for plagiarism, click on the link below to access the draft submissions box.
? Draft submissions box
Requirements
Referencing style: Australian Guide to Legal Citation (4th ed.) - AGLC4; references/footnotes are for noting your sources or to clarify minor matters, not to ‘park’ content
Only Word (*doc or *docx) to be uploaded for the memorandum; use Powerpoint for the slides
Submission via the teaching site in UCLearn; access to draft plagiarism checking via Ouriginal is available
In submitting, students acknowledge that they have presented their own work and that they have acknowledged fully when relying on the knowledge or sources of others.

Instructions
A legal memorandum addresses a legal question and indicates what the likely outcome will be where the law is applied to a particular set of facts. They are regularly used to develop legal strategies, usually by more senior lawyers, but may also be addressed to clients. As the drafter, you should objectively state the relevant facts and predict an answer based on this. Memoranda are not drafted to persuade someone of a particular view. In this assessment, you will be presented with a real-world legal problem on which to draft a legal memorandum. Your task is two-fold:

If you need help with your slide deck you may nd the following resources useful.
Useful resources
Documents
How to create a PowerPoint presentation
(https://www.instructables.com/How-to-
Create-a-PowerPoint-Presentation/)
Tips for making effective PowerPoint presentations
(https://www.ncsl.org/legislatorsstaff/legislative-staff/legislative-staffcoordinating-committee/tips-for-makingeffective-powerpoint-presentations.aspx)
? Click on the tab below to read the assessment declaration before you submit.
Assessment declaration

Assessment 3: Legal Memorandum

Criteria Ratings Pts
Issue identification 20 to 17.0 Pts HD (High distinction)
Answer identifies al of the issues, explains their importance and addresses them according to their importance. l 17 to 15.0 Pts
DI (Distinction)
Answer identifies most of the issues, explains their importance and addresses them according to their importance. 15 to 13.0 Pts
CR (Credit)
Answer
identifies most of the issues. 13 to 10.0 Pts
P (Pass)
Answer
identifies some of the issues. 10 to 0 Pts F (Fail)
Answer fails to identify the issues or explain their importance. 20 pts
Use of research evidence relevant to the legal problem 15 to 12.75 Pts HD (High distinction)
Research evidence used in a highly integrated way to support a sophisticated level of analysis or argument. 12.75 to 11.25 Pts
DI (Distinction)
Research evidence used in an integrated way to support an advanced level of analysis or argument. 11.25 to 9.75 Pts
CR (Credit)
Research evidence used effectively to support an advanced level of analysis or argument. 9.75 to 7.5 Pts
P (Pass)
Research evidence partially used effectively to support the analysis or argument. 7.5 to 0 Pts F (Fail)
Research evidence not used
effectively to support the analysis or argument. 15 pts
Law
application 30 to 25.5 Pts HD (High distinction)
Answer identifies the most relevant provisions and case law; consistently and skilfully selects authority to support positions; adduces compelling evidence to justify an interpretation or argument over others; and comes to a sound conclusion. 25.5 to 22.5 Pts
DI (Distinction)
42.5 to 37.5 Pts Distinction Answer identifies most of the relevant provisions and case law; consistently uses authority to support positions; adduces sufficient evidence to justify an interpretation or argument over others; and comes to a sound conclusion. 22.5 to 19.5 Pts
CR (Credit)
Answer identifies most of the relevant provisions and case law with some obvious exceptions; usually selects authority to support positions; adduces some
evidence to justify an interpretation or argument over others; and comes to a coherent conclusion. 19.5 to 15.0 Pts
P (Pass)
Answer identifies some of the relevant provisions and case law; sometimes uses authority to support positions; adduces little evidence to justify an interpretation or argument over others; and includes a conclusion. 15 to 0 Pts F (Fail)
Answer fails to identify relevant provisions and case laws; provide authority to support a position; adduce evidence to explain why the interpretation or argument is to be preferred; or include a conclusion. 30 pts

Criteria Ratings Pts
Style 20 to 17.0 Pts HD (High distinction)
Answer always employs correct syntax, grammar and spelling; displays clarity of thought and succinct expression; and is structured logically with appropriate headings, paragraphs, sections, and signposts (eg
‘firstly,’). 17 to 15.0 Pts
DI (Distinction)
Answer has som minor errors of syntax, grammar and spelling; mostly displays clarity of thought and succinct expression; and usually structure logically with appropriate headings, paragraphs, sections, and signposts (eg
‘firstly,’). e
is
d 15 to 13.0 Pts
CR (Credit)
Answer has some major errors of syntax, grammar and spelling; has multiple areas lacking clarity of thought and succinct expression; and multiple deficiencies in structure, with insufficient usage of headings, paragraphs, sections, and signposts (eg
‘firstly,’). 13 to 10.0 Pts
P (Pass)
Answer has many errors of syntax, grammar and
spelling; is often awkwardly expressed or wordy; and is poorly structured with few appropriate headings, paragraphs, sections, and signposts (eg
‘firstly,’). 10 to 0 Pts F (Fail)
Answer has many errors of syntax, grammar and
spelling; is generally awkwardly expressed or wordy; has little logical structure with few appropriate headings, paragraphs, sections, and signposts (eg
‘firstly,’). 20 pts
PowerPoint presentation quality 10 to 8.5 Pts HD (High distinction)
5 slides that would be very effective in
communicating with the client with excellent visuals and text used sparingly and free of errors. 8.5 to 7.5 Pts
DI (Distinction)
5 slides that would be
effective in
communicating
with the client with appropriate visuals and text mostly used sparingly and free of errors. 7.5 to 6.5 Pts
CR (Credit)
5 slides that would be somewhat useful in communicating with the client with some visuals and text used sparingly but with some errors. 6.5 to 5.0 Pts P (Pass)
Slides that would have some value in communicating
with the client, but with no or few visuals and text heavy or with numerous errors. 5 to 0 Pts F (Fail)
The slides would need to offer much more to present the information for understanding, and engagement of the client. The number and nature of errors hinders understanding and engagement. 10 pts

Criteria Ratings Pts
Referencing 5 to 4.25 Pts HD (High distinction)
Outstanding, advanced and correct use of prescribed referencing style, including footnotes, with no content or formatting errors. 4.25 to 3.75 Pts
DI (Distinction)
Correct use of prescribed referencing style, including footnotes, with no content or formatting errors. 3.75 to 3.25 Pts
CR (Credit)
Correct use of prescribed referencing style, including footnotes, with minimal content or formatting errors. 3.25 to 2.5 Pts
P (Pass)
Effective use of prescribed referencing style, including footnotes, with some significant content or formatting errors. 2.5 to 0 Pts F (Fail)
Poor or incorrect use of prescribed referencing style, with significant content or formatting errors, and/or does not include footnotes. 5 pts
Total points: 100