1. Assessment Questions Students are to answer ALL parts. A. The Doctrine of the Separation of Powers is fundamental to the workings of modern democracy. In Australia however, the Doctrine is practiced in a blended form. EXPLAIN the Doctrine of Separation of Powers and its purpose within the democratic system of governance. DESCRIBE how it operates in the Australian system and DETAIL the legal basis upon which the Doctrine is founded. COMPARE AND CONTRAST the practice of the Doctrine in Australia with its practice in the United States of America and DISCUSS the strengths and weaknesses of the two approaches. (1,000 words – 30 marks) B. Simple bilateral contract formation commences with an Agreement between two people freely entered into on terms acceptable to both parties. DISCUSS how Agreement is formed between two parties to a simple contract and EXPLAIN the elements of Agreement. BRIEFLY DESCRIBE one or more reasons why an attempt to enter into an agreement can fail. ('Consideration' should not be discussed.) (400 words – 10 marks) C. Exclusion Clauses are commonplace in all forms of contract and can be essential to framing the intentions of the parties. DISCUSS the purpose for such clauses and DESCRIBE the circumstances where such terms might be found invalid. PROVIDE a case example where an exclusion clause has been considered by the Court and BRIEFLY EXPLAIN the outcome from the Court's consideration. (400 words – 10 marks) Total Word Limit: 1,800 words +/- 10%. Note that the emphasis should not be on length but rather on clarity and precision of thought and expression. An accurate Word Count must be included at the end of the paper.  Assignment Conditions Referencing: All answers must be appropriately referenced using the appropriate methodology (see 'Style Guide' below). Students should also feel free to access the QUT writing and research advisory at: http://www.citewrite.qut.edu.au/ Style Guide: For law-based assignments, footnotes or endnotes and a bibliography are the appropriate referencing methodology. Footnotes are not included in the paper's word count (unless the footnote is used for long passages of text used to circumvent the word limit). Referencing for all Law assignments must be based on the following: "The Australian Guide to Legal Citation" (latest edition) University of Melbourne: http://www.law.unimelb.edu.au/mulr/aglc CRITERIA FOR LEARNING AND ASSESSMENT CO5119 Research Assignment CRITERIA/ WEIGHTING FAIL less than 50% PASS 50-64% CREDIT 65-75% DISTINCTION 75-84% HIGH DISTINCTION 85% (+) LAW/ISSUES: Ability to write a clear statement of the law pertaining to the quotation as the basis for the identification of key issues in question. Show legal understanding of question/problem and issues in it. 30 % Has failed to adequately state the law/development. Failed to identify some/most of the legal issues. Failed to address quote/problem as relevant to question. Has stated the law/development in a basic format; identified some of the legal issues; attempted to accurately address the question. Has adequately stated the law/development; identified some/most of the legal issues; accurately addressed the question. Has appropriately and adequately stated the law/development and identified most/all of the legal issues and accurately addressed the question. Has clearly, accurately and appropriately stated the law/development and identified all legal issues and accurately and appropriately addressed the question. RESEARCH AND ANALYSIS: Ability to critically analyse the issues and law arising in the quotation/problem. Evidence of understanding of legal issues, developments and influences on the law supported by scholarly authority and research. 50% Has failed to critically analyse quotation/problem; lacks evidence of understanding of legal issues/developments/ influences on law. Little or no use of scholarly authority to support argument/legal opinion Has attempted to critically analyse the quotation/evidence; some evidence of basic understanding of legal issues/developments/ influences on law/application of law to facts. Some use of legal authority to support argument. Has provided a reasonable critical analysis of the quotation/problem, which demonstrates reasonable understanding of legal issues/developments/influences on the law. Scholarly authority used to support argument and legal opinion. Has provided an in-depth critical analysis of the quotation/problem, which demonstrates in-depth understanding of legal issues/developments/ influences on the law. Authority appropriately used where necessary to support argument. Has provided an in-depth critical analysis which has by sophisticated use of legal reasoning demonstrated comprehensive/detailed understanding of issues/developments/influences on the law. Scholarly authority consistently used to support argument. Understands application of law to facts Organisation and Structure 10% Disorganised/ incoherent Shows some attempt to organise in a logical manner, including linking paragraphs/law to facts Shows organisation and coherence Carefully and logically organised Carefully and logically organised; shows sophisticated attention to purpose Written expression, referencing & bibliography quality/form 10% Meaning unclear and/or grammar, spelling and/or referencing contain frequent errors Meaning apparent but language not always fluent; grammar, spelling and/or referencing may contain errors High standard of conventional English; grammar, spelling and referencing mainly accurate Very high standard of conventional English; grammar, spelling and referencing accurate Sophisticated use of English employing an academic style; grammar, spelling and referencing accurate COMMENTS: