2022留学生作业商学院的essay论文概述：The Business School Course
School/Portfolio:The Business SchoolCourse Code/ID:Contents1 COURSE ORGANISATION: 31.1 Student Responsibility 31.2 Attendance and Participation 31.3 Handbook/s 31.4 Staff 31.5 Consultation Hours 31.6 Classes 31.7 Prescribed Text 41.8 Plagiarism 41.9 Copyright 51.10 UBOnline/Moodle 51.11 Special Consideration 51.12 Late Submission of Assessment Tasks 61.13 Presentation of Academic Work 61.14 Assignment Cover Sheets 61.15 Submission and Return of Student Work 61.16 Ethics 61.17 Appeals 61.18 Academic Progress Committee 61.19 Early Intervention for students judged as being at risk of not meeting Academic Progress requirements 71.20 Grading 71.21 Use of Dictionaries 72 OBJECTIVES 83 CONTENT: 94 LEARNING TASKS AND ASSESSMENT: 105 SCHEDULE: 146 ADDITIONAL RESOURCES: 161 COURSE ORGANISATION:1.1学生的责任这是你的责任，要知道这门课程的要求，并了解本文档中包含的具体内容。1.2出席和参与这是您的以最佳状态尽一切努力参加这门课程的所有讲座，并完成所有的筹备和评估工作。这是我们的经验，这些学生谁不来上课或不参加相关的活动就会做不好或完全失败相关论文。1.1 Student ResponsibilityIt is your responsibility to be aware of the requirements for this course, and understand the specific details included in this document.1.2 Attendance and ParticipationIt is in your best interest to make every effort to attend all the classes for this course and to complete all preparatory and assessment tasks. It is our experience that those students who do not attend class or carry out the associated activities are more likely to do poorly or to fail the course completely.1.3 Handbook/sFor full details of programs and school procedures, please refer tohttp://www.ukassignment.org/dxazessaythe University of Ballarat handbook (http://www.ballarat.edu.au/ubhandbook-2011) and the School of Business Programs Handbooks available at http://www.ballarat.edu.au/business/handbooksPlease note that any reference to the Programs Handbook within this document indicates the abovementioned handbook, not your partner-specific handbook (i.e. for those studying off-campus with other providers).1.4 StaffThe most appropriate person for you to contact is the person who teaches you. If necessary they will contact the Course Coordinator at the University of Ballarat.Lecturer Name: Marc PosthouwerPhone: 9919 4374Fax: Email: [email protected]: AMI- level 4Web: Tutor: Name: Phone: Fax: Email: Office: Web: Course Coordinator: Name: Morrie LeenPhone: 041 5130 723Fax: 08 – 8244 7403Email: [email protected]: 08 – 8244 0944Web: www.jaakoks.com.au1.5 Consultation HoursDay: Time: Tuesday and Friday: 12.30 -1.00 pm1.6 ClassesYou should obtain this information from your local campus timetable.Classes will be held twice a week, continuing until Tuesday, 13 December 2011.Classes resume Friday, 13 January, 2012. Time Sun Mon Tue Wed Thu Fri Sat#p#分页标题#e#9 am 12 pm 1.7 Prescribed TextHanrahan, P., Ramsay, I. & Stapledon, G. (2011). Commercial applications of company law. (12th ed.). Sydney, NSW: CCH (11th edition may be used)1.8 PlagiarismOf necessity, most academic work is heavily dependent on the findings or ideas of others (i.e. authors, scholars). Indeed, one of the main aims of academic assessment tasks is to encourage you to research widely and develop research skills. In presenting your work for assessment you must show the assessor that you have read widely, and the only way you can do this is to properly cite your sources in the body of your essay, assignment or report.As a matter of intellectual honesty and scholarly integrity you must say where ideas, information, arguments, diagrams or other theoretical models come from, regardless of whether you are quoting directly, paraphrasing, or simply mentioning or using data from that source. To do otherwise amounts to plagiarism, and is a serious academic offence.Plagiarism goes further than the failure to acknowledge quotations, paraphrases or information from published sources – it also includes copying or using other students work and downloading material from the internet and passing it off as your own. Any cases of plagiarism, cheating or copying, will be dealt with by the Course Co-ordinator in accordance with the University’s regulations, and may result in a zero mark for the piece of assessment, failure of the whole course or exclusion from the program. Make sure you are aware of the University's Regulation 6.1.1 Student Plagiarism, available at http://www.ballarat.edu.au/legislation/6.1.1-plagiarismTurnitin – Turnitin is an electronic plagiarism database against which originality of student work can be tested. It is a web-based program that helps both student and teacher to detect and remedy any inadvertent and unacknowledged use of another’s work before the assignment is submitted for final assessment. Turnitin has the capability to produce a report verifying the percentage of your work which is original. This report will then accompany any work you submit for assessment.You will be informed by your lecturer if you are required to submit your assignments through Turnitin.1.9 CopyrightCopyright is different to Plagiarism. Plagiarism is the use of another person's work, and passing it off as your own, without acknowledgement of the author. Copyright is the restriction which defines fair use of another's work.As a student, you will make use of other people's copyright material during your study. The Copyright Act has provisions for students and researchers to copy and communicate electronic, audiovisual and hardcopy material, although limits do apply. It is your responsibility to comply with the Fair Dealing Provisions of the Copyright Act which, combined with an agreement with the Copyright Agency Ltd, provides students with legal use of a vast amount of copyright material related to their research and study. However, there are limitations, such as only copying one chapter or 10% of a book or one journal article. Further information on these limitations and other relevant material is available on the University web site at http://www.ballarat.edu.au/aasp/copyright/.1.10 UBOnline/MoodleThe University’s Learning Management Systems (LMS) for delivery of learning resources, course information and guidelines to support face-to-face learning is Moodle/UBOnline. There are a number of interactive features in the LMS which will improve communication with teaching staff. For example, “Announcements” may arrive as a pop-up message, and tasks requiring your action will be indicated by highlighted icons..UBOnline/Moodle will NOT be used for this course.Where courses use UBOnline/Moodle, it will be your responsibility to download the relevant lecture and tutorial notes to support your class participation. You should develop the habit of accessing the UBOnline/Moodle frequently (at least twice a week).For students, login to the UBOnline/Moodle is available through https://ubonline.ballarat.edu.au/login/index.php.1.11 Special ConsiderationIf you believe that you are eligible for special consideration, due to illness or other cause, you need to complete the Application for Special Consideration form available from http://www.ballarat.edu.au/resources-special-consideration-form, your School or Partner Provider office. For further information please refer to the Information For Students Applying For Special Consideration (Including Deferral of an Examination) Guidelines available fromhttp://policy.ballarat.edu.au/university/special_consideration/chol/phpExtension of Assessment Due Date – In the first instance, discuss requests for an extension with your lecturer, or you may formally request an extension by completing the Special Consideration form. Supplementary Assessment may only be granted as an outcome of an application for Special Consideration. 1.12 Late Submission of Assessment TasksLate submission of work may incur a penalty for each week day of up to 10% of the available marks. Unless with prior arrangement with the lecturer, papers submitted two weeks (ie 14 calendar days) after the due date will not be marked.1.13 Presentation of Academic WorkUnless otherwise specified by your lecturer, all work presented for assessment in this course must comply with the format outlined in the University's General Guide to the Presentation of Academic Work publication, available from the University bookshop at Mt Helen campus or online at: http://www.ballarat.edu.au/generalguide.1.14 Assignment Cover SheetsUnless your lecturer has specifically advised otherwise, all assignments must be accompanied by a signed official cover sheet ('Plagiarism Declaration Form'), available from the School of Business foyer at Mt Helen and at http://www.ballarat.edu.au/business/resources/student-forms/assign-coversheet.doc and lodged as appropriate for your location.1.15 Submission and Return of Student WorkThe assignment box is located on level 4.1.16 EthicsIf you intend to survey or obtain information from other students, staff or persons outside the University as part of research for tutorial exercises or assessable tasks, you must check with your Course Co-ordinator, lecturer or tutor before undertaking your research to determine if approval is required. Where the research project could affect the interests of interviewees, ethics approval must be obtained from the University’s Human Research Ethics Committee. Your lecturer or tutor will assist you in arranging this. Some tutorial exercises and assessable tasks have been granted a block approval, provided certain procedures are undertaken. Where relevant, you will be advised of these procedures by your Course Co-ordinator, lecturer or tutor. Further details are located at www.ballarat.edu.au/ard/ubresearch/hdrs/ethics/humanethics/index.shtml 1.17 AppealsYou may appeal about administrative issues, final grades or other academic decisions. With regard to grades or academic decisions, discuss your concerns with your lecturer in the first instance and then your Academic Co-ordinator to access the required form to lodge your appeal. For full details about the appeals process please refer to University Regulation 5.3 – Assessment http://www.ballarat.edu.au/legislation-5.3-Assessment.1.18 Academic Progress CommitteeThe Academic Progress Committee is a sub-committee of the Programs Committee, and is responsible for applying the University's Monitoring Course Progression Procedure (http://policy.ballarat.edu.au/esos/standard_10/ch02.php) and complying with the Department of Immigration and Citizenship International Student Reporting Requirements. Students who do not perform to a satisfactory level within their program or course may be asked for an explanation by the Committee, which has the power to warn and exclude students who demonstrate unsatisfactory progress.#p#分页标题#e#1.19 Early Intervention for students judged as being at risk of not meeting Academic Progress requirementsIn compliance with the University’s Intervention Strategy – Monitoring Course Progression Guidelines (http://policy.ballarat.edu.au/esos/standard_10/ch02.php), the School must identify students who fail an assessment task during a semester. Students who may be at risk of eventually failing that course will be offered assistance as early in the semester as possible, to ensure such “at risk“ students are given every opportunity to pass.Students who are identified as being “at risk” of not meeting academic progress requirements will be formally asked to attend an interview to assess the reasons for their unsatisfactory performance wherein if appropriate they will be offered a program of assistance (such as study skills sessions, mentoring, English language classes, personal counselling, etc). A record will be kept of any such assistance program offered and the student’s uptake of the program.1.20 GradingThe University observes the following grading schemeHD High Distinction 80 – 100%D Distinction 70 – 79%C Credit 60 – 69%P Pass 50 – 59%MF Marginal Fail 40 – 49%F Fail 0 – 39%XF Non-assessed FailAD Assessment Deferred – up to 3 monthsTD Assessment Deferred – up to 12 months1.21 Use of DictionariesThe University’s Students from a Non-English Speaking Background – Special Provisions for Invigilated Assessments Guidelines (http://www.ballarat.edu.au/policy/special-provisions-non-english-speaking) make provisions for students who are from a non-English speaking background to use an approved unmarked hard copy bilingual dictionary in an examination. Prior permission has been granted by the Head of School for students at partner providers for this provision, requests at Mt Helen campus are dealt with on an individual basis. 2 OBJECTIVES:KnowledgeKnow the various business structures available for conducting business and not-for-profit activities and the different governance issues that arise as a resultUnderstand, in particular, the differences between the creation and operation of partnerships compared with companies and thus the effect on their owners, operators and outsidersUnderstand the regulatory framework of the Corporations Law so that when change occurs the changes can be understood, explained and critiquedUnderstand the meaning of ‘good corporate governance’ and how the law tries to ensure it eventuatesExplain the legal requirements for setting up a company and the consequences of incorporationExplain the ongoing administrative requirements of a companyUnderstand the legal effects when a company interacts with ‘outsiders’, in particular, the ways in which companies ‘make’ contractsUnderstand and be able to critique how companies are managed and, in particular, the duties of directorsUnderstand the role of members (shareholders) of companies and their rights and remediesUnderstand the Australian financial reporting system and the role and liability of auditorsUnderstand the regulatory framework for financial products and servicesUnderstand the legal rules relating to corporate fundraisingUnderstand the possible consequences if a company becomes insolventUnderstand major current law reform proposals and the implications they have for corporate lawSkillsSee how you can use your knowledge of company law to enhance the ethical and effective management of companies and balance the interests of all stakeholdersUse your knowledge to enhance your professional practice as an accountant/auditor if that is your chosen career pathFurther develop comprehension, problem-solving and analytical skillsFurther develop an ability to undertake independent researchValues制定一个学习的态度，把预习反思和小组讨论是必不可少的学习方法欣赏创造性和创新性的思维和工作方式感谢法律与其他学科的互连更好地了解你的学习长处和短处学习是终身的事业Develop an attitude to learning which views pre-reading, curiosity and reflection and group discussion as essential to learningAppreciate creative and innovative ways of thinking and workingAppreciate law’s interconnection with other disciplinesDevelop a better understanding of your learning strengths and weaknessesAppreciate that learning is a life-long endeavour3 CONTENT: Topics and sub-topics may include:Topic One – Business entities (2 – 3 weeks)What types of legal structures can be used to carry on commercial and not-for-profit activities?What governance issues arise from these different structures?How are these structures formed and what obligations result from them?Topic Two – Regulatory framework of companies and introduction to corporate governance (1 week)What is the ‘corporate structure’ and what are some of the issues surrounding its use?What are the sources of company law?By whom and how is company law administered?What is corporate governance?Topic Three – Incorporation of companies and its effect (1 week)How are companies created?What is the effect of companies having a separate legal entity and limited liability?When can the ‘corporate veil’ be lifted?What types of companies can be created?How are the company’s internal rules determined and how can they be changed?Topic Four – Company’s relations with ‘outsiders’ (1 week)What is the legal capacity of the company when it deals with ‘outsiders’?What are the consequences in relation to contractual, tortious and criminal liability?Topic Five – Corporate Governance in Action: (2-3 weeks)a. Management of companiesb. Accountabilityc. Members’ (shareholder) roles, rights and remediesTopic Six – Securities (1-2 weeks)What are the features of the regulatory framework?How and why does a company raise funds?What sources are there and what are the implications of each?Topic Seven – Companies in Financial (and other) difficulty (1 week)What are the options and why would any one be used?Deeds of company arrangement?Receivership?Voluntary administration?Liquidation/winding up?4 LEARNING TASKS AND ASSESSMENT: SummaryIt is emphasised that this course requires a significant commitment outside of formal class contact. The learning tasks in this course may include classes (lectures, tutorials or seminars), required reading, the preparation of answers to set questions, exercises and problems, and self-study. In addition, students may be required to complete an assignment, test or examination.Summary of suggested time allocations for this courseClasses 3 hours per week for 12 weeks#p#分页标题#e# 36 hoursReading 2 hours per week for 12 weeks 24 hoursPreparation of tutorial questions, exercises and problems 4 hours per week for 12 weeks 48 hoursPreparation of assignment 20 hoursStudy and revision for test and end of semester examination 22 hoursTOTAL 150 hoursLearning Task Assessment WeightingReading, summarising, reflecting, preparing for class, participating in class discussion, relating the course material to current events, revising content Test 15%Researching texts, articles, online materials, comprehending and understanding, writing drafts, critical thinking and analysis, problem solving Assignment 30%Revising lecture and tutorial notes, textbooks and other readings, reflecting on how the law applies in practice, problem solving Examination 55%In order to pass this course, students must accumulate a minimum of 50% of the total marks available.You are strongly advised to attempt ALL assessment tasks. Students who do not submit a task(s) or fail a task(s) in the semester will be identified as a ‘student at risk’ of unsatisfactory academic progress (outlined in 1.19 in the Course Description) and will be directed to the School’s Intervention Program. Students who encounter difficulties or who are otherwise concerned regarding their progress should consult their lecturer.Assessment criteria set out the details by which your performance in each task will be judged. This information will give you a clear and explicit understanding of the standards you are expected to achieve relative to the marks awarded.TESTThe Class Test will be held during Week 5. Your Lecturer will advise you of the test date. Purpose: To test your knowledge of material early in the semester and to give feedback about your learning at that point.How it will be assessed: There will a test held in class time or at another time to be notified. The duration will be 50 minutes. Only unannotated legislation is allowed into the test room. That is, NO notes or textbooks may be taken into the test room. The aim of the test is just that: to test what you have learned.Criteria: You will be assessed on your ability to:Clearly demonstrate that you have understood key concepts, principles, legislation and case law as required by the topic/s being examinedComprehend and analyse according to the requirements of the question/sASSIGNMENT INSTRUCTIONSThe due date for the assignment is Friday of week 8 of the semester. Topic: You will be given the topic during week 2 of the semester.Word Limit: 2,500 (assignments exceeding the word limit may not be marked and may be returned to the student for re-writing). Do not include synopsis, references or bibliography in the word count.Purpose: It is important for you to have time to think through how to structure and present arguments, and to review and discuss what the law is or should be in a particular area. It is also an opportunity for you to put the skills you have learned into practice. Whilst discussion with others is encouraged, the final piece of work must be your own.Note: You should keep a copy of anything you submit and should keep copies of any articles or materials you have used in your essay.Any work not collected from the lecturer during the semester will be disposed of at the end of week 3 in the following semester. A note on researchIn this course it is expected that you will research the law from textbooks, journal articles, government/regulatory web sites etc. Refer to the sources and internet databases in section 6 of this Course Description to start your research. Wandering aimlessly around the internet should be avoided, as should reliance on sites such as Wikipedia.You are not expected to spend time finding original cases and reading them. Generally sufficient information on the main cases can be found in texts and articles. In addition Commentary and Cases (with headnotes (summaries)) can be accessed from the CCH online library. A note on referencingEnsure you read and understand the requirements of this Course Description and, in particular, sections 1.8, 1.9 and 1.14.Assignment Criteria:You will be assessed on:PresentationReadable connected prose NOT point form summariesAccurate spelling, grammar, punctuation, paragraph construction and proofreadingEffective use of HEADINGSConsistent and accurate acknowledgment of sources using a recognised style – both in relation to in-text referencing and bibliography. Please refer to this Course Description for warnings regarding plagiarism and referencing. Under University of Ballarat Regulations, if you do not reference in the body of your essay the actual resources you have used (which will mostly be textbooks and articles) you will be given a mark of zero.Identification of the reference style being used (please put on title page)FormatTyped preferably and double-spacedTitle page with student name and number, course code and name, topic selected, referencing style used4cm marginA4 paperSequential page numberingNo foldersAnalysis (most of the marks are allocated here)Depth of understanding of the topic and identification of relevant issuesAccuracy of the law (legislation and cases) used to support discussionClarity and coherence of the debate/discussion (think of leading a non-lawyer reader along a pathway, explaining the features, their importance and impact)Quality of discussion and argumentAttempt to canvass a range of views and to offer an individual opinion on the state of the law/need for reform (depending on topic chosen)Research – depth and quality (needed in order to analyse)The use made of appropriate legal sources, in particular primary legal sources: eg. the Corporations Act 2001 (Cth) and cases (it is appropriate to rely on the summaries of cases located in secondary sources)The breadth and use made of relevant secondary legal sources, in particular a number of legal texts, internet sites and at least two academic journal articles.Grades will be awarded on the following basis:High Distinction: Excellent ……………. 80-100A detailed, coherently written, organised assignment that answers the question succinctly. An objective reasoned argument that focuses on the relevant issues of the topic, and is expanded and developed with appropriate examples. Principles of law integrated well into the analysis. Shows evidence of having read relevant texts, journals, and so on and clearly references any authors quoted in the assignment. No or very minor errors of expression.Distinction: Very Good ……………70-79Gives a sound analysis with most of the principles of law applied. Principles defined and explained to an acceptable level. Shows a good understanding of most of the principles and integrates them satisfactorily into the analysis. Some good examples given. Lacks the depth of an “A” analysis. Well structured – minor inadequacies. Referencing is good but some minor flaws evident. Mainly logical and coherently organised. Clear and concise and correctly written.Credit: Good………….. …….60-69Analysis is good with most of the main principles identified and applied. The main argument is sustained but may have some weaknesses. Generally demonstrated reading and thinking about the topic. Structured reasonably well and organised in a logical fashion. All sources acknowledged correctly. Generally presented well and with consistent use of terminology, correct spellings and expressions.#p#分页标题#e#Pass: Satisfactory…………50-59 Analysis is adequate with a number of the main principles of law identified and applied. Difficulty in sustaining or developing a coherent argument, showing some confusion, but generally demonstrating evidence of reading and thinking about the topic. Structured reasonably well and organised in a somewhat logical fashion. Sources acknowledged. Generally correct expression and spelling with writing of a satisfactory standard.Fail Level 1 (MF): Unsatisfactory..……. 40-49Analysis shows some understanding but incomplete and inconsistent. Argument is not complete or comprehensive. Some support offered for the argument but inadequate and/or irrelevant. Explanation of the issues and solution is not adequate. Somewhat superficial overall, some attempt to establish a structure but inadequate. Inadequate referencing.Fail Level 2 (F) Poor………………..0-39Analysis shows little understanding of the problems and few principles discussed. Lacks examples, definitions and explanations in some instances. A superficial, general analysis supplying mainly anecdotal information. Not logically organised. Inadequate referencing and poor expression of concepts.FINAL EXAMINATION Purpose: The purpose of examination is to provide you with the opportunity to demonstrate and show case what you have learned throughout the course. It is important that you clearly explain and discuss the law as required by the questions. Although the examination is partly open book you need to LEARN the material before you go into the examination room (making summary notes is a good way to learn) as you will not have time to find and try to understand the material during the examination itself. Criteria: you will be assessed on your ability to demonstrate your understanding of:the law: sections of the relevant legislation and caseshow to use this law to solve problems and to analyse factual scenarios, comment on reforms needed etc.All topics are examinable unless you are advised otherwiseMaterials allowed into the examination room: ONLYSIX pages only A4 single sides of your original typed or handwritten notes or diagrams in EnglishThe Corporations Act 2001 (Cth) or extracts from the Act – YOU ARE NOT ALLOWED TO WRITE ANY NOTES ON THIS ACT but you may highlight with a coloured pen (highlighter) and can put tags (nothing written on the tag) on the pages. You can download the relevant sections from the internet or bring in a copy of the Act (unannotated).NOTE: if you have more than these materials, ALL materials will be confiscatedFormat of Final Examination:To Be Advised. You should take note that the format/content/emphasis in examination papers from previous semesters or teaching periods is not necessarily a good indication of the format, content or emphasis in this. You should therefore ensure you read and understand the advice on the format/content/emphasis when it is provided to you.5 SCHEDULE:As semesters and contact hours vary between UB locations, delivery is usually scheduled across three hours a week for 12 weeks. If your location runs this course over less than 12 weeks, your lecturer will adjust the timing of the delivery of the materials.Please note that the sequence and content of lectures and tutorials may need to be changed and the following information should be used as a guide.Weeks 1 -3: Introduction, Topic OneWeeks 4: Topic TwoWeeks 5: Topic ThreeWeeks 6: Topic FourWeeks 7-9: Topic FiveWeeks 10-11: Topic SixWeek 12: Topic Seven6 ADDITIONAL RESOURCES:Additional useful references:Highly recommended:Ciro, T. and Symes, C. (2009) or later edition. Corporations law in principle (8th ed.). Pyrmont, NSW: Lawbook Co. Gamble, G. du Plessis, J., & Neal, L (2008) or later edition. Principles of business law. Pyrmont, NSW: Lawbook Co. Lipton, P. Herzberg, A. & Welsh, M. (2010). Understanding company law (15th ed.). Pyrmont, NSW: Lawbook Co. (The 14th edition is also acceptable but remember it is not up-to-date).Selection of Reference Text BooksEvery Australian business law or commercial law text has at least one chapter on company law and/or partnership law. Try to find one that is at least 2007 – this is a good place to start for a brief overview.Allens Arthur Robinson. (2007). Directors’ duties during insolvency. Pyrmont, NSW: Lawbook Co.Anderson, H. (2006). Corporate directors’ liability to creditors. Pyrmont, NSW: Lawbook Co.Boros, E. & Duns, J. (2010). Corporate law. South Melb, Vic: Oxford University PressFarrar, J. (2008). Corporate Governance: theories, principles and practice (3rd ed.). South Melbourne, Vic: Oxford University PressFord, H.A.J., Austin, R.P. & Ramsay, I.M. (2007). Ford’s principles of corporations law (13th ed.). Chatswood, NSW: LexisNexis ButterworthsHarris, J., Hargovan, A. & Adams, M. (2007). Australian corporate law. Chatswood, NSW: LexisNexis ButterworthsHinchy, R. & McDermott, P. (2009). Company law. Frenchs Forest, NSW: Pearson EducationLatimer, P. (2010). Australian business law (29th ed.). North Ryde: CCH Australia Ltd.Terry, A. & Giugni, D. (2009). Business and the law. (5th ed.). South Melbourne, Vic: Thomson.Library resourcesDon’t forget the library’s PRINT (eg Companies and Securities Law Journal, Mt. Helen library) and online databases (eg CCH Corporations Law online library) as well as the journal articles accessible via NaviGate Plus.
