Wynnum State High School
Student name:
Student number:
Teacher name:
Date handed out: 3 August 2021
Date due: 31 August 2021
Subject
Legal Studies
Technique
Investigation – argumentative essay
Unit
Unit 2: Balance of probabilities
Topic
Topic 3: Negligence and the duty of care
Conditions
Duration
4 weeks, including 10 hours of the time allocated for Unit 2.
Students may use class time and their own time to develop a response.
Mode
Written response
Length
1500-2000 words
The following are not included in the word count: in-text citations and reference list.
Individual/
group
Individual
Other
The response is to be produced using technology in a word-processed document. This includes citing references and the reference list.
Resources available
A variety of extracts from case law, legal databases, legislation, government and other institutional websites, published reports, media and expert commentaries, and lobbyist statements.
Assessment objective/s
Marks allocated
Result
Comprehending
Assessment objective 1
5
Selecting
Assessment objective 2
4
Analysing
Assessment objective 3
6
Evaluating
Assessment objective 4
6
Creating a response
Assessment objective 5
4
Total
25
Feedback
Checkpoints
☐ Week 4/Fri 6 August: Progress check – (1) choice of negligence scenario (2) a list of possible sources that contain relevant legal information
☐ Week 5/Tue 10 August: Progress check – plan of essay with main legal concepts
☐ Week 5/Fri 13 August: Progress check – main points for analysing and evaluating
☐ Week 6/Thu 19 August: Progress check – draft response due (to be submitted through SafeAssign and emailed to your teacher)
☐ Week 8/Tue 31 August: Final response due (to be submitted through SafeAssign and a hard copy handed to your teacher)
Context
Consider the following statement:
The elements required to bring a successful negligence claim in Queensland ensure just and equitable outcomes for stakeholders.
Task
Create an argumentative essay response analysing a legal issue arising from the one of the scenarios below. Evaluate the current legal situation in Queensland, and consider two legal alternatives before making a recommendation for just and equitable civil justice outcomes.
Note: The scenarios are purposefully brief so you can discuss the principles of negligence that need to be taken into account in establishing duty of care.
A 22-year-old female who has had a driver’s licence for three months causes a car accident. Her 18-year-old passenger, who was not wearing a seatbelt, suffered extensive head injuries and lost the use of both legs.
A 59-year-old male is taken to hospital with severe bleeding from a knife wound. A doctor immediately administers medication to stop the bleeding, which triggers a severe allergic reaction, causing the patient to die.
A 15-year-old boy hits his head on the ground when tackled during a club football game. Feeling dizzy and disoriented, he stays for a couple of plays before asking to come off the field. He returns later and plays to the end of the game. On his way home he has a seizure and spends two days in hospital with severe concussion.
A 35-year-old woman suffers second-degree burns on her head and hair loss when having her hair bleached. She informed the hairdresser of her discomfort but was told the burning sensation was a normal part of the process.
To complete this task, you must:
select relevant legal information, including Queensland legislation and precedent cases
identify relevant legal concepts, principles and/or processes applicable to the scenario
demonstrate comprehension of relevant legal concepts, principles and/or processes within the essay
analyse and examine viewpoints of two significant stakeholder groups within the scenario
evaluate two alternative outcomes
propose a recommendation for a just and equitable outcome
justify the recommendation using legal criteria
discuss the implications of your recommendation – for the stakeholders and for negligence law
create your essay in an argumentative form
provide a reference list and citations
Authentication strategies
You will be provided class time for task completion.
Your teacher will collect copies of your response and monitor at key junctures.
Your teacher will collect and annotate one complete draft.
You must acknowledge all sources.
You must submit your draft and final assignment through SafeAssign.
You must submit a declaration of authenticity.
I __________________________________________________ declare this is my own original work. I have read and understand the school assessment policy regarding due dates and extensions.
Student Signature: _____________________________ Date: __/__/__
Scaffolding
Present arguments that support the position: the essay can be structured either by presenting the opposing view first, then countering this with stronger evidence, or vice versa. (Refer Legal Studies 2019 Senior Syllabus glossary).
Instrument-specific marking guide
Criterion: Comprehending
Assessment objective
comprehend legal concepts, principles and/or processes of the Australian and/or Queensland civil justice systems, and in legal interactions that are unplanned (the concept of negligence)
The student work has the following characteristics:
Marks
comprehensive identification of the features of a civil law issue of negligence
perceptive description of legal concepts, principles and/or processes of negligence law
precise use of legal terminology.
4 – 5
effective identification of the features of a civil law issue of negligence
effective description of legal concepts, principles and/or processes of negligence law
adequate use of legal terminology.
2 – 3
identification of some legal concepts, principles or processes of a civil law issue of negligence
1
does not satisfy any of the descriptors above.
0
Criterion: Selecting
Assessment objective
2. select legal information from sources relevant to Australian and/or Queensland negligence and the duty of care
The student work has the following characteristics:
Marks
discerning choice of current and relevant legal information from primary and/or secondary sources relevant to negligence
perceptive use of legal information
consistent and accurate documentation of legal information in the form of a reference list and citations.
3 – 4
adequate choice of current or relevant legal information from primary and/or secondary sources relevant to negligence
adequate use of legal information
some documentation of legal information in the form of a reference list and/or citations.
2
narrow choice of primary and/or secondary sources relevant to negligence
use of some legal information
narrow documentation of sources
1
does not satisfy any of the descriptors above.
0
Criterion: Analysing
Assessment objective
3. analyse a legal issue involving Australian and/or Queensland negligence and the duty of care
The student work has the following characteristics:
Marks
perceptive application of relevant legal concepts, principles and/or processes, to determine the nature and scope of a negligence issue
interpretation of legal information to perceptively examine different viewpoints and their consequences
discerning use of evidence to support the analysis.
5 – 6
effective application of relevant legal concepts, principles and/or processes, to determine the nature and scope of a negligence issue
interpretation of legal information to effectively examine different viewpoints and their consequences
sufficient use of evidence within the analysis.
3 – 4
superficial description of legal concepts, principles and/or processes, that link to a negligence issue
description or identification of superficial viewpoints and/or consequences
narrow use of evidence.
1 – 2
does not satisfy any of the descriptors above.
0
Criterion: Evaluating
Assessment objective
4. evaluate a legal situation relevant to Australian and/or Queensland negligence and the duty of care
The student work has the following characteristics:
Marks
relevant legal alternatives presented from the analysis and insightful recommendation/s proposed
synthesis of information that justifies the recommendation/s through the discerning use of legal criteria
fluent discussion of the implications of the recommendation/s.
5 – 6
relevant legal alternatives presented from the analysis and effective recommendation/s proposed
synthesis of information that justifies the recommendation/s through the effective use of legal criteria
adequate discussion of the implications of the recommendation/s.
3 – 4
legal alternatives presented and/or recommendation/s proposed
some justification of the recommendation/s
discussion identifies some implications.
1 – 2
does not satisfy any of the descriptors above.
0
Criterion: Creating a response
Assessment objective
create a response that communicates meaning to suit the intended purpose in an argumentative essay
The student work has the following characteristics:
Marks
concise expression and logical development of relevant ideas that enhance legal meaning
features of an argumentative essay are consistently demonstrated
minimal errors in spelling, grammar and punctuation.
3 – 4
adequate expression and development of ideas that convey legal meaning
features of an argumentative essay are demonstrated
some errors in spelling, grammar and punctuation.
2
some elements of essay formatting and inconsistent use of language conventions.
1
does not satisfy any of the descriptors above.
0
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