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Assignment Task

Task 
Create an argumentative essay response, analysing a legal issue arising from the one of the scenarios  below.  
Evaluate the most likely outcome for all stakeholders in the scenario and whether negligence laws in  Queensland ensure a just and equitable outcome for all stakeholders in a claim. Present possible alternative outcomes and provide potential recommendations for change to allow for  these alternatives. 
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 20-year-old male who has had a driver’s licence for two months causes a car accident. His 20-year-old  passenger, who was not wearing a seatbelt, suffered extensive injuries and lost the use of both legs.  • A 35-year-old female is taken to hospital unconscious with excessive bleeding from a head wound. A doctor  administers medication to stop the bleeding, which triggers a severe allergic reaction, causing the patient to  fall into a coma.  
• A 40-year-old male was rendered a paraplegic after swinging on a rope attached to a tree over a river in a  popular recreational area. Letting go of the rope he dived head first into the water and broke his neck. • A 14-year-old boy in a classroom was hit in the eye by an object thrown by another student. He suffered an  injury to this eye which eventually resulted in blindness. The class was being supervised by a teacher.  • A 12-year-old girl studying dance in Physical Education does a ballet routine as part of her assessment.  During her performance she falls and twists her ankle, resulting in a severe sprain and torn ligaments.  
To help complete this task, you should: 
• Select legal information including legislation and provide a reference list and citations  • demonstrate comprehension of relevant legal concepts, principles and/or processes within the  report 
• Analyse and examine viewpoints of two significant stakeholder groups regarding the scenario  chosen  
• Evaluate using legal criteria and discuss the implications of your recommendation  • create your essay in an argumentative form that takes a position on your chosen topic  
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 and use of a wide variety of authoritative current and relevant primary and  
secondary information and sources 
• Accurate reference list with full bibliographic details 
• References consistently and accurately cited in the text. 
• Adequate choice and use of a range of current and/or relevant primary and secondary  information and/or sources  
• Basic reference list 
• Some references cited in the text. 
• Narrow use of primary and/or secondary information or sources and/or partial reference list with some bibliographic details. 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 civil justice systems that involves Australian and/or  
Queensland legislation for negligence and the duty of care 
• Interpretation of legal information to perceptively examine different viewpoints and their  consequences 
• Discerning use of evidence to support the analysis. 
• Effective application of relevant legal concepts, principles and/or processes, to determine  the nature and scope of civil justice systems systems that involves Australian and/or  Queensland legislation for negligence and duty of care 
• Interpretation of legal information to effectively examine different viewpoints and their  consequences 
• Sufficient use of evidence within the analysis. 
• Superficial description of legal concepts, principles and/or processes, that link to civil  justice systems that involves Australian and/or Queensland legislation for negligence and  duty of care 
• Description of identification of superficial viewpoints and/or consequences 
• Narrow use of evidence. 
• 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 
• insightful alternatives presented from the analysis and recommendations proposed • discerning discussion of significant implications in terms of just and equitable outcomes 5-6 
• reasonable alternatives presented from the analysis and recommendation/s proposed • effective discussion of relevant implications in terms of just and equitable outcomes 3-4 
• superficial alternatives presented and/or recommendation/s proposed 
• partial description of implications 1-2 • does not satisfy any of the descriptors above. 0
Criterion: Creating a response  
Assessment objective 
5. create a response that communicates meaning to suit the intended purpose in an argumentative  essay 
The student work has the following characteristics Marks 
• accomplished control of the logical order, sequencing and development of ideas suited to  the intended purpose 
• concise expression and an astute choice of vocabulary  
• accomplished use of communication conventions (with few errors) and formatting of an  argumentative essay, citation of in-text references citations and a reference list. 
• adequate control of the order, sequencing and development of ideas for the intended  purpose 
• appropriate use of vocabulary 
• sufficient use of communication conventions and formatting of an argumentative essay.

• partial control of the order, sequence or development of ideas 
• some elements of essay formatting or inconsistent use of communication conventions. 1

• does not satisfy any of the descriptors above. 0

 

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  • Posted on : November 04th, 2018

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