Business law essay
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essay_2017_busl377.pdf
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BUSL377 Japanese Trade Law 2017
ESSAY (worth a total of 40 marks)
Topic
Legal Services in Japan – A Critical Analysis from the Perspectives of Foreign Enterprises
Explanation
You need to conduct a research and write an Essay (a research paper) on the above-mentioned
topic. It is not enough if you merely rely on the lectures, tutorials, and required or recommended
reading materials in the unit. Choose ONE of the following three themes for your Essay (i.e.,
choose (a) or (b) or (c)):
(a) From the perspectives of foreign enterprises who want to set up and operate businesses in
Japan, are there any problems in the existing system of provision of legal service in Japan? If
your answer is “Yes”, explain why you think so and what the problems are. If your answer is
“No”, explain why you think so. In either case, also discuss and analyse any improvement
that you consider can be made.
(b) For foreign enterprises who want to set up and operate businesses in Japan, are there any
challenges that they may encounter regarding access to relevant legal service from lawyers
(bengoshi and/or foreign lawyers) and/or other legal service provider(s) in Japan? If your
answer is “Yes”, explain why you think so and what the challenges are. If your answer is “No”,
explain why you think so. In either case, also discuss and analyse any improvement that you
consider can be made.
(c) From the perspectives of foreign enterprises who want to set up and operate businesses in
Japan, are there any problems in the existing system of nurturing (i.e. educating and training)
bengoshi in Japan? If your answer is “Yes”, explain why you think so and what the problems
are. If your answer is “No”, explain why you think so. In either case, also discuss and
analyse any improvement that you consider can be made.
Depending on which one of the above-mentioned three themes that you choose, you may need to
refer to one or more of the matters listed below in your analysis/discussion:
1) the justice system reform;
2) the process through which future bengoshi are educated and trained;
3) the number of bengoshi, their geographical distribution, their expertise, etc.;
4) gaikokuhō-jimu-bengoshi;
5) quasi-legal professions in Japan;
6) the inter-action between the Japanese legal system and Japan’s culture, society, economic
system, and/or political development;
7) the cultural characteristics of Japan;
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8) regulatory regime and de-regulatory reforms; and/or
9) the social, economic, political and/or other developments in Japan.
(N.B. This is a non-exhaustive list). In addition to any of the matters listed above, you may add in other issues relevant to the topic.
Resource Guide (Suggestions Only)
Some of the databases and/or web-sites listed in the document Resource Guide on the iLearn site
of this unit may have relevant information or material. But, the list in the Resource Guide is a
non-exhaustive list. You need to (and are expected to) conduct your research and look for
relevant information and materials. Useful keywords may include: “attorneys”, “lawyers” (or called “bengoshi” in Japanese), “law
school”, “justice system reform” (or called “judicial reform”), “legal education”, “Legal Training and
Research Institute”, “National Legal Examination” (or sometimes just called “bar examination”),
“judicial scriveners”, etc.
(N.B. This is a non-exclusive list and the above keywords are only suggestions)
Due Date for Submission
Students must submit the Essay before 4:00 p.m. on 5 June 2017 to: BOTH BESS (Business and
Economics Student Services) at E4B106 and via TURNITIN on the iLearn site of this unit. For both BESS and TURNITIN: The first submission is final. Do NOT submit to BESS more than
once. Do NOT submit via TURNITIN more than once. Originality reports are NOT made available to students to view and check their work.
Penalty on Late Submission
In view of the time given to students to complete the Essay, no extensions of time will be given for
submission of the Essay. There will be a deduction of 10% of the total available marks made from
the total awarded mark for each 24 hour period or part thereof that the submission is late (for
example, 25 hours late in submission – 20% penalty). For example, if the Essay is worth 40 marks,
a student is 23 hours late in submission and (before penalty) this student's mark is 30, the penalty
will be a deduction of 4 marks (40 marks x 10% = 4 marks) (i.e. this student will obtain 26 marks for
the Essay). This penalty does not apply for cases in which an application for disruption to studies
is made and approved.
In English
The Essay must be in English.
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Word Length
The Essay must have a length of 2800 – 3000 words (not including footnotes and bibliography).
Failure to comply with this word length requirement will be subject to penalty as follows:
No more than 500 words below the minimum or above the maximum: No penalty;
With 501-750 words below the minimum or above the maximum: Deduction of 8 marks;
With 751-1000 words below the minimum or above the maximum: Deduction of 18 marks;
With more than 1000 words below the minimum or above the maximum: The Essay will not be
marked and will receive zero mark.
Referencing and Referencing Format
All Essays must have:
Referencing by footnotes (NOT endnotes or in-text referencing); and
Detailed bibliography of all source materials. The required convention for providing references (i.e. footnotes) and bibliography is the Australian
Guide to Legal Citation (3rd ed) which is available online at:
http://law.unimelb.edu.au/__data/assets/pdf_file/0007/1586203/FinalOnlinePDF-2012Reprint.pdf.
Cover Sheet
The Faculty of Business and Economics Coversheet (available on the iLearn site of this unit or at:
http://www.businessandeconomics.mq.edu.au/faculty_docs/undergraduate2/student_support/Indivi
dual_cover_sheet_new.pdf) must be completed, signed and stapled to the top left-hand corner of
the Essay to be submitted to BESS. It is students’ responsibility to print, complete, sign and attach
this Coversheet to the front of the Essay before submission of the Essay to BESS.
Format
Handwritten Essays will not be accepted. All Essays must be typed, in A4-sized white papers, in
the following format:
Font size: 12 point Font: Times New Roman Spacing: One-and-a-half-line or double-line spacing.
Structure of the Essay
An academic research essay/paper usually has a structure (consisting of: Introduction, main
contents, and Conclusion) and a Bibliography arranged in order as follows:
1. Introduction 2. Main contents, which may be divided into chapters or sections. These chapters and
sections usually have titles/headings. 3. Conclusion 4. Bibliography.
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Essay Assessment Criteria
See the Unit Guide and the document “Assessment Guide” on the iLearn site of this unit.
Academic Honesty
You must not plagiarise. Plagiarism is a serious breach of the University's rules and carries significant penalties. You must
read the University's policy on academic honesty (available at:
https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/
policies/academic-honesty). The Essay is a task for each individual student. Collective or collaborative work is NOT
ACCEPTABLE and will receive ZERO MARK.
