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how_to_do_the_essay.docxAssignment.
The Assignment topic will be available to students during the first week of semester, and must be completed and submitted to Tutors on the date specified in the instructions, usually week 8 of semester. Assignment preparation is a major task, and students are advised to commence research for the assignment early in the semester. The difficulties associated with completion of assignments by the due date are compounded by the fact that assignments may be due for submission in other Units of Study at about the same time. The objective of early distribution of the assignment topic is to minimise the possible problems resulting from this inevitable timing requirement. Instructions for students follow for assignment preparation, and students should ensure that they comply with these instructions.
Assignment work is an important component of student assessment, requiring students to complete an assignment of 2,000 to 2,500 words on a topic which will be available during the first week of semester. This will be a research assignment, based upon a selected topic and requiring students to undertake their own research of materials as a basis for their completed assignment project.
Practical guidelines for assignment work are as follow: -
• The assignment must be submitted by the due date. Penalties are imposed for late submission. Extensions of time for submission of assignments will be entertained only if made in writing and with supporting evidence of any factor claimed to justify an extension of time.
• Assignments must be accompanied by an assignment cover-sheet (obtainable from Faculty and School offices). The cover-sheet details must be completed by the student. The cover-sheet incorporates a receipt, which can be retained by the student as proof of lodgement.
• A copy of the assignment must be retained by the student.
• The assignment should typed on A4 paper, with double or equivalent spacing, using one side only of the paper and leaving a 5cm margin on the left-hand side of the page.
• There are no inflexible rules regarding the format of the assignment, but time taken to present written work in an attractive, easily-read format is never time wasted. Students may use chapters and headings as they see fit to enhance the presentation of the work. The marking of a large number (sometimes hundreds) of assignments within a limited time-frame is a daunting task for examiners, and originality of approach, good (even novel) presentation and inspired (but not frivolous) humour is usually well rewarded.
• The word range (2,000 to 2,500 words) should be observed. Strategies (such as relocating case summaries in appendices) can always be devised to bring the word count back to the upper limit, but nothing will save an assignment that is patently too short.
• All pages should be sequentially numbered and the assignment securely stapled and submitted in an appropriate binding or folder. Resist the temptation to “individually wrap” each page of the assignment, as this makes the exercise of commenting on the work very tiresome and time consuming.
• A synopsis is optional. A synopsis is not an introduction, but a (brief) summary of the assignment itself, explaining the direction which the assignment is taking. It is best prepared after completion of the assignment. A synopsis prepared beforehand is a statement of intention rather than a statement of achievement, and the two may be quite
different. Although prepared after completion of the assignment, it should appear at the beginning.
• A bibliography is also required, listing all references used in the written work and in research conducted on the topic. The list will include details of all texts, articles in journals and magazines, newspaper articles from which information was obtained.
• The assignment topic will be available to students in the first week of semester and the assignment is not due for submission until the 8th week, (the exact date for submission will be clearly announced in lectures). There is really no excuse for unacceptable work being submitted. Similarly, applications for extension of time are not likely to receive sympathetic consideration. An early start is recommended. As mentioned earlier, students are likely to be placed in the situation of having to submit a number of assignments or to complete a number of tests at about the same time during the Semester, since adequate time for preparation and for marking must be given and allowed. The topic of the assignment may not necessarily be covered in lectures or tutorials prior to the date upon which the assignment must be submitted. If this is the case - and even if it isn't - there is no point in delaying commencement of research into the assignment topic.
• If it is established that the whole or part of the work of one student has been copied and submitted as original work by another student, neither student will receive any mark for the relevant work. Inevitably, both students will fail the subject and may, at the discretion of the examiner, be subject to other disciplinary processes within the University. On the other hand, there is much to be said for joint or even group research and discussion of the topic, which can reduce the individual research commitment and enhance understanding of the issues. If students do undertake joint or team research with the intention of sharing the product of that research, this is quite acceptable so long as their written assignment work is original and exclusive. Sharing the research burden is acceptable. Sharing submitted assignment work is fatal. See and read carefully the notes on plagiarism that follow these instructions
• Footnotes or end-notes must be used to acknowledge the source or sources of information contained in the assignment. Footnotes are preferred, but are more difficult to achieve than end-notes with some word processing programs. Either is acceptable. For more information about footnoting generally, see Summers and Smith (2006)\.
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Your research essay (assignment) in Business Law focuses on a particular area of contract law. You are expected to read a number of texts and articles on the topic, researching it thoroughly. Using this information, you are expected to present a detailed analysis of the topic in essay form, demonstrating that you have a good understanding of it.
Research topics may contain a quotation from a legal text. A first step is to locate the quotation in the relevant text. Because these quotations provide a context or background for the essay topic, it is useful to read the section of the text from which the quotation has been taken. In addition, it is important to consider the relevance of the quote to the question. You need to determine whether the quote is integral to the question and needs to be discussed in your response to the question. On the other hand, the quote may just provide background to the topic, which means that you won’t need to incorporate it into your discussion of the topic.
What does researching the topic mean?
Researching the topic requires you to go to the library to locate texts on it. You are expected to read at least three or four texts and possibly some journal articles, researching the topic thoroughly and gathering the necessary information on the topic. As you read try to gain a real understanding of the topic rather than just copy down slabs of the material. You need to be selective in your reading, only taking notes on the material relevant to the topic. Do not be hesitant about asking library staff to help you locate texts and journal articles.
Elements of the essay
The essay should have an introduction, a body and a conclusion.
Introduction: - provides background information - arouses interest in the topic - offers a viewpoint - defines terms - indicates overall structure and key areas to be discussed
Body: - key areas of topic are presented in logical order
Conclusion: - summarises key points of body - restates viewpoint - future directions
It is acceptable to use headings, so you can break up your essay into sections with headings. You are required to write a logical and well-structured essay which includes a discussion of legal principles, relevant cases and, if required, statute law. |
There is additional helpful information on writing the assignment on the website under the heading “Research Essay”.
When you commence work on the assignment (research essay) topic, the first step is to break it down into manageable parts. You need to understand exactly what the question on the topic is asking you to do. It is asking you to view the topic from a particular perspective. It is not
acceptable to just write everything you know about the topic without referring to the question. It is necessary to analyse the topic first and understand clearly what you are expected to do, otherwise, you will not be able to research the topic effectively, nor will you be able to write a successful essay on the topic.
To understand what the question is asking you to do, it is necessary to identify the key words and phrases which give you direction. It is also useful to underline them. These words and phrases are:
process or directive words and phrases
content words and phrases
limiting words and phrases
Process or directive words
These words indicate the way that the question should be answered. In essay questions, you could be asked to critically analyse, to assess, to compare, to discuss, to evaluate, to outline and so forth (for more examples of directive words, refer to Appendix A on p.229, Crosling
and Murphy, How to Study Business Law, 3rd edition). Students often overlook these words and end up not really answering the question.
Content words and phrases
These words and phrases identify the focus of the question. They tell you what the question is about and give information on the topic.
Limiting words and phrases
These words and phrases limit the aspects of the topic which you have to discuss when answering the question.
Note: Quite often, content words/phrases are also limiting words/phrases.
Furthermore, when you are reading and trying to understand what the question is asking you to do, make sure you check the meaning of any words you do not understand.
The following example is provided to illustrate the process which has been outlined above. Study it carefully.
Outline the historical evolution and current trends in the development of unconscionability in the law of contract.
Process or directive word - Outline (this means to give the main features or general principles of unconscionability).
Content words/phrases - historical evolution, current trends, unconscionability, law of contract.
Limiting words/phrases - historical evolution, current trends.
This question requires you to trace the history of and to describe the present trends in the area of unconscionability in contract law. If you are not sure what unconscionability means look it up in a legal dictionary.
Before reading on the topic of unconscionability, it is a useful procedure to develop a plan for the essay.
This helps: -
· to clarify the issues which the question is asking you to focus on;
· to create a structure for your response to the question; and
· to focus your reading on the topic.
Of course, after reading on the topic, this plan may need to be modified.
A plan for a typical topic could be: -
Introduction:
· define any terms or words used in the topic;
· offer an opinion/viewpoint on the area of law covered by the topic and the direction in which the law is heading
· indicate structure of discussion
Body:
· Historical background;
· discuss the development of the relevant law ;
· Current trends in the relevant area of law (main focus)
· Discussion would include recent developments in the common law (judge-made law) and provisions in relevant legislation (eg. Competition and Consumer Act).
Conclusion:
· sum up key points
· express opinion/viewpoint resulting from discussion
· future directions
Incorporating cases into your essay
You will be incorporating cases into your discussion of the topic, so it is important that they are integrated into the flow of your writing. You can introduce case discussion with phrases such as:
‘Unconscionable behaviour is illustrated in the case of …………….v………….where
…’.
‘An attempt to take unfair advantage of the other party is demonstrated in the case of …………………v………………’.
‘The case of ………………v…………… shows how one party might aim to unfairly disadvantage the other party. In this instance, …’.
For further information on topic analysis and developing a plan, refer to Chapter 8 in Crosling and Murphy, How to Study Business Law, 4th edition.
For more detailed information on note taking techniques, see Chapter 7 of Crosling and Murphy, How to Study Business Law.
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Taking Notes
When preparing to take notes, it is first necessary to read texts and journal articles to locate the relevant material for your essay topic. Strategies for reading for understanding and meaning have already been outlined in a previous tutorial. Notetaking is an essential part of the essay writing process. You will be expected to read a number of texts/articles on the topic and to document the relevant material from these sources. Your topic analysis of the essay question and your plan will assist you in locating and noting the relevant material for your task. Of course, you may adjust your plan as you read and take notes, because you will be learning more about the topic and will understand more fully the appropriate structure/plan which should be applied to the essay question.
In Business Law, your notetaking for the essay will focus on describing and explaining legal principles/concepts, and on the development and application of these in cases. You will be using a combination of direct quotes and paraphrasing to elicit this information.
Direct Quotations
These should be carefully selected and copied directly from the text/article. They should be used when:
giving a specific description or definition (for example, this may be a definition of a legal principle or concept). expressing an important idea or argument (this may be a view of a legal principle and how it has been applied in a particular case). the original words of the author are expressed so concisely and aptly that they add weight to the point being expressed (this could be a judge’s opinion of a legal principle as it has been applied in a case, or his/her assessment of the legal implications in a case).
It is important to limit the use of direct quotations because, if too many are used in your essay, it will fragment the flow of your writing and the essay will lack cohesion and unity.
Short quotations
A short quotation is one to three lines and should be integrated into the flow of your writing. It should be enclosed with quotation marks.
In the following example, notice how the student has integrated the quoted rule into the flow of her writing:
There have been several rules established in relation to acceptance and one of the most important rules is that ‘[a]ny conditions as to the method of acceptance imposed by the offeror must be complied with.’ Long quotations
A long quotation is more than three lines. It should be indented and no quotation marks are required. It is also important to introduce long quotations in the text of your essay. Study the following example:
Because there have been so many disputes in cases about whether acceptance has, in fact, occurred, several rules as to acceptance have been subsequently developed.
These rules are that:
a) acceptance must be absolute and unqualified; b) any conditions as to the method of acceptance imposed by the offeror must be complied with; c) acceptance must be made in reliance on the offer; and d) except in cases where the offeror has dispensed with the need to be told of acceptance, acceptance must be communicated.
Referencing quotations
In your essay, it is always necessary to acknowledge the source of your direct quotations. In law, the preferred referencing style is footnoting.
When you use the ideas or words of another writer, you must acknowledge them by citing the article or text from which they came. If you do not acknowledge your source of this information and claim they are your own, then you will be guilty of plagiarism.
Paraphrasing
When taking notes in preparation for writing your essay in Business Law, most of the time you will be paraphrasing the relevant information from the texts/articles. You will be paraphrasing key legal principles and the relevant aspects of cases.
Paraphrasing is a technique where material from texts is rewritten in your own words without changing the original meaning. The paraphrase is usually as long as the original passage.
Strategies to assist your paraphrasing are:
(a) to read the passage several times to understand its meaning;
(b) to identify: (i) the main idea; (ii) the main supporting points; and (iii) the supporting details to assist with your understanding of the passage;
(c) to check the dictionary for any words you do not understand;
(d) to use synonyms where possible, but remember you cannot replace important legal terms. They are essential to the meaning of the passage. You can only replace general words;
(e) to change the word order of sentences.
Following is an example of a paraphrase. Study it carefully.
Original passage on one of the rules of acceptance (from Khoury and Yamouni, p. 32)
(ii) Conditional acceptance . Acceptance must be unqualified - conditional acceptance is not adequate. It sometimes happens that the parties enter a written agreement which they express to be ‘subject to contract’ or ‘subject to a formal contract being prepared’. What is the legal position with regard to such an agreement? The answer seems to be that, in the absence of strong evidence to the contrary, a legally binding agreement does not exist until such time as a formal contract has been prepared for and executed by the parties to it.
(Legal words which cannot be changed are emboldened; general words which can be changed are underlined.)
Paraphrase of passage
(ii) Conditional acceptance. Acceptance has to be unqualified - it is not sufficient to have conditional acceptance. A written agreement is occasionally negotiated by parties which they express as being ‘subject to contract’ or ‘subject to a formal contract being prepared’. How is such an agreement interpreted legally? Without strong opposing evidence, the answer appears to be that a legally binding agreement does not occur until there has been the preparation of a formal agreement and it has been executed by the parties to it.
Notice the extensive use of synonyms and the changing of the word order in the paraphrase. Also, forms of words have been changed. For example, ‘prepared for’ has been changed to ‘preparation’.
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Composing your essay
Remember that helpful information for your assignment is also found on the website in the research essay section.
After taking notes on the relevant information for your essay, you will need to arrange these notes into a logical structure to answer the essay question. You will need to consider your selection and presentation of the relevant content.
Your topic analysis and plan will have assisted you in guiding your reading and note taking. During the process of reading and taking notes, you may well have refined and changed your plan, given that you would have done extensive reading on the topic. This final plan will also provide you with a basic structure for your essay, so your next step is to organise your notes into the different sections of this plan. This final plan will include the key aspects which you need to discuss in your essay. You will need to sift through your notes and be selective in your choice of material.
When composing your response to the question on the topic:
refer regularly to the question. check that you have all the necessary material to answer the question fully and effectively. do not just string together the notes you have selected to incorporate into your response to the question. develop your own response to the question, supporting it with relevant arguments, including the relevant legal principles and cases, based on your research and notetaking. select material which is relevant and appropriate to include in your introduction, body and conclusion; this will assist you in producing a well-organised, cohesive essay.
Linking words and phrases
In Tutorial 1, linking/signalling words and phrases are discussed in relation to assisting in the understanding of the meaning of information provided in cases. These words and phrases can also give your essay cohesion and unity. They provide important links between sentences in a paragraph and between paragraphs in an essay. The appropriate use of linking words and phrases allows a smooth transition from one paragraph to the next, linking together the aspects being discussed. As has been suggested in Tutorial 1, pp.31-32 in Crosling and Murphy, How to Study Business Law, have a comprehensive list of these linking words. Do refer to them when you are writing your essay. A few examples of these words are: therefore, consequently, however, furthermore, thus, hence, also and as well. These are commonly used linking words and phrases but there are many more, so do use them in your writing. The linking words and phrases on pp.31-32 refer specifically to those most commonly used in legal texts.
When referring to legal principles and particular aspects of cases in your essay, you can use the following signalling words and phrases. These words and phrases introduce or signal to the reader what is happening in the different aspects of your essay.
For example, if you are discussing a legal principle, you may introduce this discussion with:
The law in this area states that…
The law states that…
The law requires/stipulates that …
When discussing cases/precedents, you may introduce the discussion with:
In Smith v Jones (1981), the judge concluded/indicated/ stated that…
It was held in the case of ………..v……….. that …
The case of ……………v…………… demonstrates/clarified/highlights/shows/explains/ manifests/exhibits/exemplifies…
Brown v Anderson (1980) established the precedent that…
It was held that…
Smith J upheld that…
In the course of his judgment…
In the view of …
More phrases for introducing case discussion are provided in Tutorial 3. In addition, there is a comprehensive list of signalling words, phrases and sentences in Appendix D, pp.226-227, Crosling and Murphy, How to Study Business Law.
Your discussion of a case in your essay may resemble the following. (The case of Central London Property Trust Ltd. v High Trees House Ltd [1947] KB 130 is used for this purpose.)
The doctrine of estoppel, in its traditional form, would not assist the debtor, since it was always limited by the courts to apply to representations of existing or past fact, and did not apply to representations of future intention. That position was changed in the landmark case of Central London Property Trust Ltd. v High Trees House Ltd [1947] KB 130. In this case, High Trees, which leased a block of flats from Central London in 1939, had difficulty in filling the flats because of the outbreak of war. In 1940, the parties agreed that the rent would be reduced by half. High Trees paid the rent at a reduced rate for five years and in 1945 the flats began to fill again. Central London sued for the payment of the full rental when the flats became full. Denning J stated that Central London was entitled to the full rental when the flats filled again. However, he argued that they would have been estopped from going back on their promise had they attempted to sue for the arrears for the years 1940-45 because it would have been detrimental to High Trees, despite the fact that there had been no consideration from High Trees in exchange for the promise. Consequently, Denning J extended the doctrine of estoppel so that it did apply to representations of future intention, or to promises, as a result of which promissory estoppel was established, so long as the promisee has acted to his or her detriment in the particular case.
Synopsis
You will be asked to write a synopsis (abstract or summary) for your Business Law essay. This should only be a summary of the key areas you have covered (not the details) and the general conclusions you have reached. The synopsis is approximately 5 to 10 percent of the length of your essay, so, if your essay is 2000 words, your synopsis will be 150 to 200 words. It should be written as one paragraph. The synopsis is presented after the title page and before the essay itself. This way the reader can see, in advance, the key areas which have been covered in the essay and the essence of your argument.
You should write your synopsis after you have written your essay. It is a summary of what you have written, not an indication of what you intend to write. Hence, it is usual to write the synopsis in the present or past tense, not in the future tense.
Using footnotes in your essay
As has already been stated, this is the preferred referencing style in Business Law. You put a raised number at the end of the information you are citing. These numbers run in order throughout the essay: 1,2,3…
When footnoting, the details of the origin of each of the numbered references are given at the foot of each page. Alternatives to footnotes, such as endnotes or Harvard System notes are no longer acceptable in law essays and assignments and footnotes as described above must be used.
What information is required in the footnote?
first name and/or initials and surname of author full title of book (underlined or italicised) edition number (if applicable) date of publication* publisher*
place of publication* page number of reference
The order of this information can vary, but choose an order to present it and use it consistently.
For example:
1. R. B. Vermeesch and K. B. Lindgren, Business Law of Australia, 11th Edition, 2005, Butterworths, Sydney, p. 233. You can shorten the information when you are citing the same author(s) on subsequent occasions.
For example:
2. Vermeesch and Lindgren, Business Law, p.224.
When citing journal articles, use the following format:
first name and/or initials and surname of author title of article name of journal volume number issue number (if applicable) date of issue page number/s Note that the article title can be in inverted commas, while the journal title is underlined or italicised.
For example: D. Khoury, ‘Promissory estoppel: a sword unsheathed’, Law Institute Journal, Vol. 64, November 1990, pp. 1054-6.
When citing sources from electronic media, similar conventions apply as for traditional texts. Use the following format: · author’s name · date electronic resource was published · title of the material · version (if applicable) · the medium (eg. CD Rom, internet) · name of the publishing company · date the site visited (if it is an internet document) (adapted from Student Learning Unit /Study Skills site published by Teresa de Fazio)
If you are accessing cases from an internet website, for example, from Austlii (http://www.austlii.edu.au) your citation would read as follows: FCTv Henderson (1943) 68 CLR 29, http: //www.law.flinders.edu.au/tax/caselaw/taxacc.htm (July 19, 1999).
Citation of cases
You can cite the case details in full in the text of your essay, or in a footnote.
Case details should include:
date case set of law reported reports
Legione v Hateley (1983) 57 ALJR 292
parties volume no. page no.
Italicise or underline parties’ names.
Bibliography
This is on the last page of your essay. It is an alphabetical list of all the sources of material which you have used in your essay, as well as the material which have you have read in preparation for the essay. Choose a format for ordering the texts/articles you have used or referred to and use it consistently.
You need to include the following information:
author’s surname followed by initials or first name title of book underlined or in italics edition number year of publication name of publisher and place of publication
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