BEX 107 Research Paper Assignment Solutions to Questions

 

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BEX 107 Research Paper

 

BEX 107 Research Paper

 

Students will be required to watch the video presentation by Lewis Janover and critically assess the topics discussed in a mini-essay. The 3 questions will draw on the overview of the Victorian Supreme Court, County and Local Courts provided in the textbook (Turner, Trone & Gamble ed 6 [1.420 – 1.520] ed 5 [1.300 – 1.480, the focus area of Commercial Law ed 6 [1.610-1.640 ] ed 5[1.530-1.560]), and the following articles about the Future of Law:

https://www.abajournal.com/news/article/online-courts-the-future-of-justice-and-being-bold-in-2020

https://home.kpmg/xx/en/home/insights/2020/12/future-of-legal-article-series.html

 

External online research beyond just the textbook will be used to answer all three questions.

 

The report will be divided into three parts. The first part will deal with courts in Victoria, the second part will deal with observations in relation to the role of a commercial lawyer in private practice, and the third part will look at what the future holds for commercial law in a digital environment.

 

This report is expected to be prepared and presented in a scholarly manner and will be graded equally on (1) quality of presentation (including organisation, spelling, layout on the page, grammar, punctuation, etc.) and (2) quality of content. All parts of the report must be written in complete sentences (not just phrases or sentence fragments).


PART I – STUDENT OBSERVATIONS/RESEARCH

What are the roles and responsibilities of a commercial lawyer in private practice. What are the type of cases that a commercial lawyer typically gets to work on, what are the day-to day type of tasks that the commercial will usually work on when not in court?

 

PART II – THE COURTS IN VICTORIA

(a) Supreme Court Appeals: Describe the appellate (appeals) jurisdiction of the Supreme Court. How many judges usually sit on the bench of Supreme Court Appeals cases? Refer to the link below as the starting point of your investigation.

https://www.supremecourt.vic.gov.au/law-and-practice/court-of-appeal

 

b) What is the difference between the Commercial Court of the Supreme Court and the Common Law Division?

https://www.supremecourt.vic.gov.au/sites/default/files/assets/2017/09/fb/3a2fbc61a/gen2structureofthetrialdivision.pdf

 

You are encouraged to refer to other materials to further understand the appeals jurisdiction of the Supreme Court and to find more information about the Commercial Court and the Common Law Division.


PART III: RESEARCH COMPONENT:

What does the future hold for commercial law in an online, digital environment? Analyse 3 areas of the law referred to in the materials below that have changed / are changing. Your analysis should include the benefits/costs (Pros/cons) of the changes, are they for the better or worse?

 

Reference Materials:

https://www.abajournal.com/news/article/online-courts-the-future-of-justice-and-being-bold-in-2020

https://home.kpmg/xx/en/home/insights/2020/12/future-of-legal-article-series.html

 

 

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