BTC1110/BTF1010/BTB1010 – Semester 1, 2023
COMPULSORY ONLINE TEST 2
Purpose Compulsory Online Test 2 will cover topics covered in the Weeks 3 to 5
lectures and tutorials. All materials covered across our Weeks 3 to 5
lecture syllabus and tutorial syllabus are potentially examinable.
You will be required to understand legal principles from the law of contract
(except those covered only in Week 2) and utilise those principles to
assess legal contractual scenarios arising in business. Additionally, you
will identify potential legal risks and problems (Learning Outcomes 2 and
3).
This assessment will test your ability to apply legal reasoning processes to
solve legal problems and reach a legal conclusion (Learning Outcome 4).
Test 2 will develop your ability to evaluate legal scenarios arising in
business which inform business decision-making and conduct. This is a
key skill set you will need in future business endeavours to understand the
impact of the law on business and make informed business decisions.
Your task Test 2 is marked out of a total of 20 marks. There will be two questions in
total. Part 1 will comprise of a hypothetical legal problem question worth
15 marks. Part 2 will comprise of another hypothetical legal problem
question, worth 5 marks. There are no multiple choice questions on Test
2.
The hypothetical legal problem questions will require written answers, that
are to be typed into answer boxes.
Test 2 will be conducted online via the Business Law and Commercial
Law Moodle site. The link for Test 2 will be made available on Moodle
under the Assessment tab. To access that link, you will need to click on
‘Begin your assessment’ in the Online Test 2 box in that Assessment tab.
Test 2 is an open access test. You may refer to your textbook, and any
other unit materials, during the test. This includes, but is not limited to:
• Textbooks (which can be hard copy or electronic, and which can be
highlighted, annotated, and contain tabs);
• Handwritten or typed notes (which can be in any format, and which do
not need to be bound or contained in a single volume);
• Lecture slides or other resources from Moodle;
• Tutorial questions, notes, and answers;
• Dictionaries (including general and legal dictionaries, and single purpose
electronic dictionaries);
• Concept maps;
• Flow charts; and
• Case summaries.
Please note that you are prohibited from using generative AI tools,
including but not limited to ChatGPT, in completing this assessment task.
The most important thing, from a practical point of view, is to ensure that
your materials are organised in a way that is manageable during the test:
so that you are not wasting time looking for things. Consider how useful
your materials are for test purposes.
Note that open access tests (sometimes called open book tests) do not
guarantee a pass. The emphasis is on conceptual understanding and the
application of knowledge: not just recall or rote learning. You cannot look
up the application of the law to the particular facts that have been
presented in a hypothetical legal problem question. You need to
understand the law well enough to show how it works in relation to the
scenario you are given, and what is the likely legal outcome. Please make
sure that you study and prepare well for the test.
Value 20% of your total marks for the unit.
Test
Window
Test 2 opens at 9AM (AEST) on Thursday 20 April 2023, and closes at
4:30PM (AEST) on Friday 21 April 2023. This test window occurs in Week
7.
Please take careful note of time zone conversions if you reside outside of
Melbourne. Please also note that local Melbourne time zoning applies to
any extensions of the test window granted via special consideration.
Test
Duration
The test duration is 90 minutes. You can choose the time that you will sit
the test, within the test window. You will have 90 minutes to sit the test,
provided that you start your test at least 90 minutes before the test window
closes. If you start your test with less than 90 minutes left in the test
window, you will only have that shorter amount of time available.
Your test time will start to count down when you launch Test 2 for the first
time. You cannot pause or stop the countdown, even if you temporarily
exit the test. There is no separate reading time.
Submission ● Via Moodle Online Test Platform (you are permitted one attempt
only; please be sure to use the quiz software’s navigation buttons,
rather than your browser’s navigation buttons).
● If your test duration expires and you have not pressed submit, your
test attempt will be automatically submitted: you will not lose your
answers. If you finish Test 2 before your 90 minute test duration
expires, you can press ‘submit’ in order to finalise your test attempt
at that earlier time.
● Turnitin will be used for similarity checking of your test.
● Do not assume that you can write your answers in a word
processor and then copy and paste them into the answer box in
the Moodle Quiz. Your Moodle Quiz does not use a locked-down
browser, however students have occasionally encountered
technical difficulties when trying to do this, and as a result, they
have not been able to transfer their answers into the answer box.
They have sometimes lost a significant number of marks as a
result. To avoid this, please type your answers directly into the
answer boxes provided. Your hypothetical legal problem questions
will specifically instruct you to type your answers directly into the
answer boxes provided.
Assessment
Criteria
The following marking criteria apply to your test
Structure, organisation, and style
Students are expected to demonstrate an ability to write an answer to a
hypothetical legal problem question in a coherent and logical way. An
introduction and a conclusion, the use of paragraphs, topic sentences,
headings and subheadings, and using correct grammar and spelling are
obviously important - they all promote the development of a coherent and
logical answer.
There is a method that serves most students well, known as the 'IRAC'
method, explored in tutorials. It is also explored in our Business Law skills
development materials. You must write using full sentences and
paragraphs, with your reasoning fully explained. You should not use dot
points for your answers unless the particular circumstances require (eg.
you are listing the elements, or you are running out of time and need to
get key points down before the test finishes).
Understanding of the issues
Students are expected to identify, and demonstrate an understanding of,
the key legal issues the hypothetical legal problem question raises. The
questions themselves will also guide what should (or should not) be
discussed in your answers.
Analysis and application of the law
Students need to identify and discuss the relevant legal principles (citing
relevant cases and statutes) and analyse and apply the law specifically to
the problem at hand, and come to a conclusion about the position of the
parties. Students are required to demonstrate an adequate understanding
of the relevant law and apply it correctly to the problems at hand.
Detailed explanation and legal analysis are required to demonstrate how
the law applies to the given situation and to show thorough understanding
of legal concepts. Where applicable, the strengths and weaknesses of
both sides' arguments should be weighed.
Please ensure you use your own words to explain and apply the relevant
law.
Using and citing of cases and/or legislation
Students are expected to identify relevant law and apply the law to the
facts of the problem, by citing relevant cases and statutes and applying
them correctly. Students may simply cite the names of relevant cases (eg.
Carlill v Carbolic Smoke Ball Co, or Carlill's case) or statutes (eg. the
Electronic Transactions Act, or the ETA), rather than giving full legal
citations. See also the instructions relating to referencing in your
Frequently Asked Questions list on Moodle.
Late
Penalties
Test 2 will NOT be conducted during tutorials. Failure to sit the test,
including as a result of not being aware of the test window or
miscalculating time zone conversions, will result in zero marks being
awarded for this assessment task. The only exception is where special
consideration has been granted. Please read the test window times
carefully: to reiterate, misreading the test’s opening or closing times (or
miscalculating time zone differences) are not grounds for the granting of
special consideration.
Academic
Integrity
Although Test 2 is an open book test, it remains an individual assessment.
You must work alone and submit your own answers. It is perfectly fine for
you to work in a study group to prepare ahead of your test but working
with other students (or anyone outside of the class) during the test itself is
a serious breach of academic integrity. Academic integrity breaches
(including colluding with others, and plagiarising) will be taken extremely
seriously and will be reported when detected. Severe penalties may apply,
which include exclusion from Monash University.
You must not discuss Test 2 questions or answers with other students
until after the test is closed and after feedback has been released. Please
keep in mind that students may be sitting the test after the regular test
window is closed if they have been granted special consideration.
The use of generative AI tools in completing Test 2, including but not
limited to ChatGPT, will constitute academic misconduct. From a practical
perspective, please note too that it is highly unlikely that using these tools
will help you produce an answer capable of passing, in any event.
Students
Registered
with
Disability
Support
Services
If you are a student registered with DSS, any approved accommodations
regarding your test time will be automatically implemented and will be
confirmed by email from your Chief Examiner.
More complex accommodation requirements will be implemented after
consultation with students, again by email from your Chief Examiner.
Support
Resources
See Moodle Assessment page
Feedback Feedback will be provided on student work via:
● feedback on general cohort performance; and
● specific student feedback, provided within ten working days
post close of the test window.