Financial Law

All topics covered in lectures in weeks 1- 4 (including who is a customer of the bank) and tutorials in weeks 3-5 are examinable. Also examinable is the topic combination of accounts from week 5.
Makeup
The examination will consist of problems requiring legal advice about Finance Law.

Allowable materials
The examination is open book
Further Details regarding Take-Home Examination
1. Availability of Exam Paper
The take home examination paper will be made available at the start time on the Finance Law web site on LMS. Hard copies of the paper will also be available from that time at Faculty of Business, Economics and Law Student Services Office, Level 2, Donald Whitehead Building.
It is your responsibility to be able to access the examination paper online and papers will not be emailed or faxed to students if you cannot access the paper owing to problems relating to the computer you have chosen to use to access the LMS or problems caused by your internet service provider. If students are concerned about problems relating to online access then they should arrange to pick up a hard copy of the paper as set out above.
2. Submission of answers
Answers must be submitted on or before 4.00pm Monday 3 September 2012 (‘the due date’) in hard copy via the essay submission box that is located at the Faculty of Business, Economics and Law Student Services Office, Level 2 Donald Whitehead Building and must have a duly completed Statement of Authorship attached: the form is available on the subject site on the LMS. Submission by email or fax is not permitted for any reason whatsoever.

Each student is required to make and keep a copy of every piece of work submitted during the year. No member of staff will be responsible for the loss of any paper. If any irregularity does occur, the student will be expected to produce a copy of the paper.
Additional submission of Digital Copy Via LMS
In addition to the hard copy submitted via the essay submission box, you must also submit a digital version through the assignment submission tool in the Finance Law LMS page by the due date. The hard copy will be the original and will be marked. Whether or not an examination paper has been submitted on time will be determined from the submission time of the hard copy not the digital copy. The digital copy will be used for the purposes of verifying word counts, checking for plagiarism and for other purposes relevant to assessment of the student’s or any other student’s examination paper as determined by the subject coordinator.

3. Late submission policy and the cut-off time.
• No extensions will be granted for late submission. This is an examination not an essay/assignment.
• Where the take-home examination is submitted late, a marking penalty will be imposed at the rate of 10% of the total marks available for every minute (or part thereof) after the due date PROVIDED THAT no take-home examination will be accepted if it is submitted after 4.45pm on Monday 3 September 2012 (‘the cut-off time’).
• Failure to submit by the cut-off time (for any reason whatsoever including illness, failure to obtain a car park in time, traffic congestion, car accident, computer or other equipment failure) will be treated like a failure to attend an end of semester examination. Students who wish to apply for special consideration for failure to submit the take-home examination must submit an application for special consideration in writing to the subject coordinator together with appropriate supporting documentation within 72 hours of the due date. Failure to submit an application within the required time is grounds for refusal to grant special consideration.
4. Percentage of Assessment
The take home examination is worth 20% of the final assessment.
5. Word limit
Your answer to the examination question should be a maximum of 1000 words. The word limit will be enforced strictly and any excess will incur a marking penalty. Answers that exceed 1000 words will incur a penalty of 10% of the total available marks, for every 100 words (or part thereof) in excess of 1000 words. You must include a word count at the beginning of your exam answer. All discussion of the answer to the problem should be incorporated in the text of the answer and not in the footnotes.
6. Footnotes
You should only use footnotes for referencing. Provided that no text appears in the footnotes these do not count in the word limit. However, if you put text in the footnotes then the footnotes will be counted in the word limit.
7. Citations and Referencing
You should provide a full citation and acknowledge all sources for any case or other material you refer to. Students must ensure that all quotes are enclosed in quotation marks and the source of the quote is also cited. Law uses the Australian Guide to Legal Citation (AGLC) as its referencing style. For a copy of the full Guide and explanations about referencing see http://latrobe.libguides.com/content.php?pid=145854&sid=1240160 – 4182564. Students who are familiar with another style of referencing (the Harvard style for example) may use that if they wish, although they should follow the AGLC in relation to citing case law and legislation.

8. Prescribed materials
This is not a research exercise. You should rely only on the prescribed reading and material from the lectures and tutorials for your answer. You must acknowledge all sources (see Citations section above). There is no need to provide a bibliography.
9. Assessment criteria
Your take home exam answer will be marked in accordance with the following criteria:
Content, Argument and Analysis
• demonstrates knowledge and understanding of relevant legal issues
• is able to identify and address issues consistently, concisely and coherently
• treats primary and subordinate issues with appropriate emphasis
• demonstrates understanding of relevant principles and concepts
• uses relevant legal terminology appropriately
• supports contentions by reference to authoritative sources
• develops arguments logically and persuasively
• compares, contrasts and identifies connections between cases, principles or arguments
• assesses strengths and weaknesses of arguments; evaluates merits and limitations of approaches
• is original in the sense that the analysis is the student’s own work

Expression and Presentation
• answers are written in complete sentences using correct grammar, syntax, spelling and punctuation
• communicates ideas and understanding effectively and acknowledges all sources appropriately
Students are encouraged to make use of headings and sub headings to identify issues and provide structure for their answer. For what distinguishes between a fail, D, C, B and A grade see Marking Criteria Document under the heading Course Materials on the subject site on the LMS.
10. Joint work and academic misconduct
Joint work is prohibited. Discussion of the examination question with other students or any other person is not permitted. You are not permitted to do any of the following things, each of which constitutes academic misconduct. You must not:
• discuss the examination question with any person (other than the subject coordinator – see point 11 below);
• collaborate with anyone else in preparing an answer to the examination;
• view another person’s written notes about the examination or their preliminary or final versions of an answer to the examination;
• permit another student to view any written notes you have made about the examination or your preliminary or final versions of an answer to the examination;
• make written notes of what anyone else says to you during the examination; or
• permit another student to make written notes of what you say during the examination.
You should keep copies of your notes and drafts in case your lecturer wants to interview you about the process by which you prepared your answer.

On what constitutes plagiarism and academic misconduct and the University’s policies about them, see paragraphs 7 and 10 above AND http://www.latrobe.edu.au/learning/integrity.html AND the Academic Misconduct Statute 2009 at

http://www.latrobe.edu.au/legalservices/legislation/statutes.html

11. Questions regarding take-home examination
Any questions regarding late submission or special consideration should be directed to the subject co-ordinator Dr Ann Wardrop by email (a.wardrop@latrobe.edu.au). If you believe there are any ambiguities or errors in the examination question that need to be clarified before it can be answered you should contact the subject co-ordinator, Dr Ann Wardrop by email. Only questions about perceived errors or ambiguities in the exam question or instructions will be answered. Dr Wardrop will not answer questions about how to structure your answers. If any significant ambiguities or errors in the examination question are identified during the examination period, the subject co-ordinator will announce a correction or clarification by posting a notice on the Finance Law web site on the LMS. Students should therefore monitor the web site during the examination for any announcements concerning the paper.
12. Presentation Generally
The take-home paper must
• Be typed in Times New Roman 12 point font.
• Be printed on A4 paper on one side of the paper only.
• Be 1.5 or double-spaced.
• Have reasonable margins.
• Have pages that are consecutively numbered.
• Be securely stapled.
• State the question number for each question you have attempted before each question.
• NOT be enclosed in a plastic presentational folder.
• Have a title page that includes:
Your name and student number
Tutorial day and time
Tutor’s name
Word count
13. Time allocated for the examination
The examination is designed to be completed within approximately 8 hours if a student is properly prepared.

14. Feedback
Group feedback on the take-home examination will be posted to the subject website after the examination is assessed and the examination paper will be returned to you with very brief comments on the examination paper. Detailed comments are provided in the group feedback.

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