LAW1101 INTRODUCTION TO LAW
AND
LAW5201 COMMERCIAL LAW
S2, 2013

ASSIGNMENT 1

YOU MUST COMPLETE THE DETAILS BELOW

Name: Henry Byrnes
Student number: 0061062852
Word count (without footnotes) (maximum allowed 2 x 400 = 800): 822 including in text referencing.
State any approved extension date (and attach the course leader’s approval): None
MARKING CRITERIA FOR LAW1101/5201 ASSIGNMENT 1
Criteria

F
0-9
C
10-12
B
13-15
A
16-17
HD
18-20
Quality of thinking skills:

Identification and articulation of relevant dispute resolution processes
Fails to identify and/or articulate one or more dispute resolution process
Identifies and articulates the relevant dispute resolution processes but misses several minor issues
Identifies and articulates the relevant dispute resolution processes but may miss one or two minor issues
Identifies and articulates the relevant dispute resolution processes
Identifies and articulates all relevant issues

Identification and articulation of advantages and disadvantages of the chosen dispute resolution processes
Poor identification and articulation of the advantages and disadvantages and/or many significant errors
Demonstrates mostly accurate identification and articulation of the advantages and disadvantages with some errors or points missed
Demonstrates mostly accurate identification and articulation of the advantages and disadvantages with some minor errors or points missed
Demonstrates accurate application identification and articulation of the advantages and disadvantages
Demonstrates excellent identification and articulation of the advantages and disadvantages

Critical analysis and reasoning regarding the most appropriate dispute resolution process
Little or no analysis and/or analysis difficult to follow
Demonstrates mostly logical thinking, analysis and reasoning with some errors or points missed
Demonstrates mostly logical thinking, analysis and reasoning with some minor errors or points missed
Demonstrates a high level of critical thinking, analysis and reasoning
Demonstrates a very high level of critical thinking, analysis and reasoning

Quality of research skills:

Research

Little or no evidence of original research

Evidence of some original research
Evidence of original research from a number of different sources
Evidence of a high level of original research
Evidence of a high level of original research which enhances application and analysis

Citation and referencing
Many errors and/or little or no attempt made at referencing
Mostly accurate – some minor errors
Consistently correct

Quality of communication skills:

Writing style, grammar and spelling

Inappropriate style, tone and/or choice of language or many errors of spelling and/or grammar.
Mostly appropriate style, tone and/or choice of language. Spelling and grammar mostly accurate.
Appropriate style, tone and/or choice of language. Accurate spelling and grammar.
Highly appropriate style, tone and/or choice of language. Spelling and grammar consistently accurate.

Structure – also including brief introduction, body and brief conclusion

Poor structure and/or use of paragraphs or headings
Mostly appropriate structure and/or some use of paragraphs or headings to enhance readability
Appropriate structure and use of paragraphs or headings

Excellent structure and use of paragraphs or headings

SCENARIO 1

COPY EXACT SCENARIO HERE: The roots of your neighbour’s tree have grown under your path and broken it. They have also clogged your sewerage pipes. On the other hand you have often taken the fruit from your neighbour’s tree. At a Christmas gathering gone wrong, you both threaten to sue each other.

Write Maximum of 400 words answer here:
In determining the suggested methods of resolution for this scenario I am assuming that neither party is familiar with Queensland’s Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (subsequently referred to as the Act). The two methods of dispute resolution chosen for this