LAWS14006 - Evaluating Legal Risk and Systems
Term 1 - 2017


All details in this unit profile for LAWS14006 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student). The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.

Overview

Legal systems are designed to assess and regulate the impact of risk from different sources including legal, financial, social and interpersonal risks. Legal professionals are skilled at analysing risks and developing systems that regulate and manage risk. In this unit you will apply legal problem solving skills in a practical context which may include a workplace environment you arrange, a community engagement project, a government inquiry, an international study experience, or within the university research and learning community. In this context you will critically analyse the legal and regulatory environment, develop a practical solution to risk management and reflect on the process of implementation. This unit will consolidate your existing legal knowledge in your chosen field of investigation and synthesize technical approaches to the design and evaluation of regulatory systems. Your outcomes may include the design of policy and procedures to assure legal compliance, development of training resources or the creation of an interactive simulation using authentic data and regulatory frameworks.

Details

Career Level Undergraduate
Unit Level Level 4
Credit Points 6
Student Contribution Band 3
Fraction of Full-Time Student Load 0.125

Pre-requisites or Co-requisites

Enrolment in CH75 Bachelor of Laws (Honours)

Attendance Requirements

All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).

Offerings

Term 1 - 2017
  • Mixed Mode

Website

This unit has a website, within the Moodle system, which is available two weeks before the start of term. It is important that you visit your Moodle site throughout the term. Go to Moodle

Recommended Student Time Commitment

Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.

Class Timetable

Assessment Overview

Assessment Task Weighting
1. Written Assessment 30%
2. Written Assessment 70%

This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Procedures for more details of interim results and final grades.

All University policies are available on the IMPortal.

You may wish to view these policies:

  • Grades and Results Procedure
  • Assessment Policy and Procedure (Higher Education Coursework)
  • Review of Grade Procedure
  • Academic Misconduct Procedure
  • Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
  • Monitoring Academic Progress (MAP) Policy and Procedure – International Students
  • Refund and Excess Payments (Credit Balances) Policy and Procedure
  • Student Feedback – Compliments and Complaints Policy and Procedure
  • Acceptable Use of Information and Communications Technology Facilities and Devices Policy and Procedure

This list is not an exhaustive list of all University policies. The full list of University policies are available on the IMPortal.

On successful completion of this unit, you will be able to:
  1. Critically analyse the potential and impact of different forms of risk on a legal problem
  2. Generate a regulatory response to the problem of risk using principles of regulatory theory, systems analysis and design thinking
  3. Transform existing knowledge of a legal problem and transmit outcomes to the relevant audience
  4. Work autonomously to plan a project, regularly review progress and reflect on learning
  5. Collaborate with peers and stakeholders, exercising judgment in negotiating the most effective solutions to the legal problem.

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4 5
1 - Written Assessment
2 - Written Assessment

Alignment of Graduate Attributes to Learning Outcomes

  • Introductory Level
  • Intermediate Level
  • Graduate Level
Graduate Attributes Learning Outcomes
1 2 3 4 5
1. Communication
2. Problem Solving
3. Critical Thinking
4. Information Literacy
5. Team Work
6. Information Technology Competence
7. Cross Cultural Competence  
8. Ethical practice          

Textbook Information

There are no required textbooks. Note:

Selected readings are provided in Moodle.

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
  • Prescribed text: Matthew Whalley and Chris Guzelian, The Legal Risk Management Handbook: An International Guide To Protect Your Business From Legal Loss (Kogan Page Publishing, 1st ed, 2016).
All submissions for this unit must use the Australian Guide to Legal Citation, 3rd ed referencing style (details can be obtained here). For further information, see the Assessment Tasks below.
Unit CoordinatorAmanda-Jane George (a.m.george@cqu.edu.au)
Note: Check the Term-Specific section for any additional contact information provided by the teaching team
Week Begin Date Module/Topic Chapter Events and Submissions
Week 1 06-03-2017

‘Tomorrow’s Lawyers’: the context of legal risk evaluation and systems

Richard Susskind, The End of Lawyers? (Oxford University Press, 2010) ch 5 ‘The Future for In-House Lawyers’ 147-180.

Richard Susskind, Tomorrow’s Lawyers (Oxford University Press, 2013) ch 7 ‘The Shifting Role of In-House Lawyers’ 62-75 (skim read).

Richard Susskind, The Future of Law (Oxford University Press, 1996) ‘The Paradox of Reactive Legal Service’ 23-27.

Richard Susskind, Transforming the Law (Oxford University Press, 2000) Part II: The Future of Law Summarized, 100-107.

Week 2 13-03-2017

Designing the LRM framework: systems thinking, design theory

Hasso Plattner Institute of Design at Stanford, An Introduction to Design Thinking: Process Guide, <https://dschool.stanford.edu/sandbox/groups/designresources/wiki/36873/attachments/74b3d/ModeGuideBOOTCAMP2010L.pdf?sessionID=e62aa8294d323f1b1540d3ee21e961cf7d1bce38>

Margaret Hagan, Open Law Lab (ongoing project) <http://www.openlawlab.com/>.

Complex Systems Design 1: Setting the Context (Complexity Academy, 2015) <https://www.youtube.com/watch?v=kBuCxHNRuhI>.

Complex Systems Design 15: Design thinking (Complexity Academy, 2015) <https://www.youtube.com/watch?v=WrdSkqRypsg>.

Three Sigma Inc, Systems Theory Analytical Tools and Models (2003) <http://www.threesigma.com/tools_models.htm>.

Week 3 20-03-2017

Designing the LRM framework: regulatory theory

Valerie Braithwaite, ‘Ten Things You Need To Know About Regulation But Never Wanted To Ask’ (Regulatory Institutions Network Occasional Paper, No. 10, December 2006) <https://www.researchgate.net/publication/251767357_TEN_THINGS_YOU_NEED_TO_KNOW_ABOUT_REGULATION_BUT_NEVER_WANTED_TO_ASK>

John Braithwaite, ‘The Essence of Responsive Regulation’ (Paper presented at the Fasken Lecture, British Columbia, 21 September 2010) <https://www.anu.edu.au/fellows/jbraithwaite/_documents/Articles/essence_responsive_regulation.pdf>

Week 4 27-03-2017

Legal risk definitions, the business case for legal risk management

Matthew Whalley and Chris Guzelian, The Legal Risk Management Handbook: An International Guide To Protect Your Business From Legal Loss (Kogan Page Publishing, 1st ed, 2016) ch 1.

Project Plan Due Friday (31 Mar 17) 03:00 PM AEST
Week 5 03-04-2017

Corporate governance, values and policy

Matthew Whalley and Chris Guzelian, The Legal Risk Management Handbook: An International Guide To Protect Your Business From Legal Loss (Kogan Page Publishing, 1st ed, 2016) ch 2.

Vacation Week 10-04-2017
Week 6 17-04-2017

How to identify, quantify and report legal risk

Matthew Whalley and Chris Guzelian, The Legal Risk Management Handbook: An International Guide To Protect Your Business From Legal Loss (Kogan Page Publishing, 1st ed, 2016) ch 3.

Week 7 24-04-2017

Legislative/regulatory risk and the role of legal and compliance

Matthew Whalley and Chris Guzelian, The Legal Risk Management Handbook: An International Guide To Protect Your Business From Legal Loss (Kogan Page Publishing, 1st ed, 2016) ch 4.

Week 8 01-05-2017

Non-contractual obligations risk

Matthew Whalley and Chris Guzelian, The Legal Risk Management Handbook: An International Guide To Protect Your Business From Legal Loss (Kogan Page Publishing, 1st ed, 2016) ch 5.

Week 9 08-05-2017

Contract risk

Matthew Whalley and Chris Guzelian, The Legal Risk Management Handbook: An International Guide To Protect Your Business From Legal Loss (Kogan Page Publishing, 1st ed, 2016) ch 6.

Week 10 15-05-2017

Dispute risk

Matthew Whalley and Chris Guzelian, The Legal Risk Management Handbook: An International Guide To Protect Your Business From Legal Loss (Kogan Page Publishing, 1st ed, 2016) ch 7.

Week 11 22-05-2017

Non-contractual rights risk

Matthew Whalley and Chris Guzelian, The Legal Risk Management Handbook: An International Guide To Protect Your Business From Legal Loss (Kogan Page Publishing, 1st ed, 2016) ch 8.

Week 12 29-05-2017

Synthesising lessons learned, reflections, and looking forward

Troubleshooting with Research Projects

Review/Exam Week 05-06-2017
Exam Week 12-06-2017
Project Report Due Monday (12 Jun 17) 03:00 PM AEST

Prescribed text: Matthew Whalley and Chris Guzelian, The Legal Risk Management Handbook: An International Guide To Protect Your Business From Legal Loss (Kogan Page Publishing, 1st ed, 2016).

1 Written Assessment

Assessment Title Project Plan
Task Description

Project overview and plan 1000 words (footnotes of not more than an additional 25% of word count). You will be required to outline a significant legal problem you wish to address, including the business and legislative or regulatory environment in which it occurs, as well as your planned inquiries into context and stakeholders, and how you will apply systems thinking, d.thinking processes and regulatory theory to your chosen problem. Briefly outline your proposed strategy for formulating a response/solution and anticipated outcomes. Feedback from the unit coordinator on this project overview will assist you in preparation of the final Project Report.

Assessment Due Date Week 4 Friday (31-Mar-2017) 03:00 PM AEST
Return Date to Students Maximum of two weeks from submission.
Weighting 30%
Assessment Criteria
  • Outline a significant legal risk problem or 'case for change'
  • Identify the relevant business/legal/regulatory landscape in which the problem occurs
  • Identify the context, stakeholders
  • Outline a research strategy for further examination of the context, stakeholders
  • Define the problem in light of context, stakeholders
  • Briefly explain how you will apply systems building, d.thinking processes and Regulatory Theory to the problem context
  • Outline proposed strategy for formulating a response/solution/compliance framework
  • Outline anticipated outcomes

A full rubric is available on moodle.

Referencing Style Australian Guide to Legal Citation, 3rd ed
Submission Online

Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Critically analyse the potential and impact of different forms of risk on a legal problem

2. Generate a regulatory response to the problem of risk using principles of regulatory theory, systems analysis and design thinking

3. Transform existing knowledge of a legal problem and transmit outcomes to the relevant audience

4. Work autonomously to plan a project, regularly review progress and reflect on learning

5. Collaborate with peers and stakeholders, exercising judgment in negotiating the most effective solutions to the legal problem.

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Knowledge

2. Communication

3. Cognitive, technical and creative skills

4. Research

5. Self-management

6. Ethical and Professional Responsibility

7. Leadership



2 Written Assessment

Assessment Title Project Report
Task Description

Project Report 2500 words (footnotes of not more than an additional 25% of word count). You will be required to articulate a significant legal problem, and evaluate the business and legislative or regulatory environment in which it occurs. You will then discuss your research on context and stakeholders, evidencing a detailed understanding of same. After defining and discussing the problem in light of context and stakeholders, apply systems thinking, d.thinking processes and Regulatory Theory to provide a persuasive formulation of an appropriate response/solution/compliance framework. Assess anticipated outcomes, iterative evaluation and improvement(s). You are encouraged to share and discuss your research in the knowledge base for your problem, via the discussion forums. However, your paper must ultimately be your own work.

Assessment Due Date Exam Week Monday (12-Jun-2017) 03:00 PM AEST
Return Date to Students Maximum of two weeks from submission.
Weighting 70%
Assessment Criteria
  • Articulate a significant legal risk problem or 'case for change'
  • Evaluate the relevant business/legal/regulatory landscape in which the problem occurs
  • Discuss methods used to gather information on context, stakeholders
  • Evidence a detailed, empathetic understanding of the context and stakeholders relevant to the problem
  • Define and discuss the problem in light of context, stakeholders
  • Apply research on systems building, d.thinking processes and Regulatory Theory to the problem context
  • Persuasive formulation of response/solution/compliance framework
  • Discussion of anticipated outcomes, iterative evaluation and improvement(s).

A full rubric is available on moodle.

Referencing Style Australian Guide to Legal Citation, 3rd ed
Submission Online

Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Critically analyse the potential and impact of different forms of risk on a legal problem

2. Generate a regulatory response to the problem of risk using principles of regulatory theory, systems analysis and design thinking

3. Transform existing knowledge of a legal problem and transmit outcomes to the relevant audience

4. Work autonomously to plan a project, regularly review progress and reflect on learning

5. Collaborate with peers and stakeholders, exercising judgment in negotiating the most effective solutions to the legal problem.

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Knowledge

2. Communication

3. Cognitive, technical and creative skills

4. Research

5. Self-management

6. Ethical and Professional Responsibility

7. Leadership




© 2017 CQUniversity
Page generated by apps-prod-01.cqu.edu.au at Fri Apr 28 06:38:43 AEST 2017