Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor and Teaching Staff
Kay-Wah Chan
Contact via kay.chan@mq.edu.au
E4A 241
Unless otherwise announced on iLearn, Thursdays 11:00 am - 1:00 pm
Moderator
Trish Blazey
Contact via trish.blazey@mq.edu.au
E4A 240
N/A
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Credit points |
Credit points
3
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Prerequisites |
Prerequisites
39cp at 100 level or above
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
This unit provides an overview of trade and investment environment, business negotiation, and commerce-related laws in Japan. Topics include: constitution and governmental structure; legal system and its role in business relations; contract law; business forms; corporation law and corporate governance; labour law; intellectual property law; and dispute resolution. Students having satisfactorily completed the unit will have basic knowledge and understanding about the characteristics and principal elements of the aforesaid topics. The contents of and the issues raised in the unit are of benefit to all students and particularly to those who intend to pursue careers involving business in or trade with Japan.
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Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
Class Participation
Weekly attendance of tutorial classes is compulsory (assessment includes class activities and discussions). A roll will be taken each week. A student who is absent for a tutorial will be considered as not having participated for that tutorial.
Details on the content of tutorial classes can be found on this Unit’s iLearn site (https://ilearn.mq.edu.au/login/MQ/)
Assessment Criteria
Criteria upon which class participation is to be assessed are: students’ preparation for the classes, understanding of the materials, depth of arguments, presentation skill, and legal research (detailed explanations are provided on the iLearn site of the unit).
Estimated Student Workload (outside class time)
On average, 1.5 - 2.5 hours per week from Week 1 to Week 13.
Class Test 1
Criteria for assessment are: students’ understanding of the materials, knowledge, and ability to analyse and evaluate issues concerning the topics covered in the unit for the test (detailed explanations of the assessment criteria provided on the iLearn site of the unit).
It is an Open Book test. It is a test with short-answer questions. Information about Class Test 1 (including materials allowed to be brought to Class Test 1 and the syllabus of Class Test 1) will be announced in the Lecture in Week 3 (Thursday 16 March 2017).
Class Test 1 is a 30-minute test. It will be held during the time for the Lecture in Week 6 (on 6 April 2017 Monday).
Students are expected to present for Class Test 1 at 4:00 p.m. on 6 April 2017 at the venue for the BUSL377 lecture or such another venue as announced on the iLearn site of this unit.
The only exception to not sitting Class Test 1 at the designated time is because of documented illness or unavoidable disruption. In these circumstances, students may wish to consider applying for Special Consideration under the University’s Disruption to Studies Policy, which is available at: http://mq.edu.au/policy/docs/disruption_studies/policy.html. If a Supplementary Test is granted, the Supplementary Test will be scheduled by the Unit Convenor.
The marked Tests will be returned to the students in the week commencing on 17 April 2017. Feedback to individual students is given in writing on the marked tests. Feedback will also be given to students verbally in the lecture in Week 8 in the form of an explanation on the correct answers, common mistakes, and the level of difficulty (low, medium and high) of the questions.
Estimated Student Workload (outside class time)
On average, 2 - 2.5 hours per week from Week 1 to the date of Class Test 1 (6 April 2017) in Week 6.
Class Test 2
Criteria for assessment are: students’ understanding of the materials, knowledge, and ability to analyse and evaluate issues concerning the topics covered in the unit for the test (detailed explanations of the assessment criteria provided on the iLearn site of the unit).
It is an Open Book test. It is a test with short-answer questions. Information about Class Test 2 (including materials allowed to be brought to Class Test 2 and the syllabus of Class Test 2) will be announced in the Lecture in Week 8 (4 May 2017).
Class Test 2 is a 60-minute test. It will be held during the time for the Lecture in Week 11 (on 25 May 2017 Thursday).
Students are expected to present for Class Test 2 at 4:00 p.m. on 25 May 2017 at the venue for the BUSL377 lecture or such another venue as announced on the iLearn site of this unit.
The only exception to not sitting Class Test 2 at the designated time is because of documented illness or unavoidable disruption. In these circumstances, students may wish to consider applying for Special Consideration under the University’s Disruption to Studies Policy, which is available at: http://mq.edu.au/policy/docs/disruption_studies/policy.html. If a Supplementary Test is granted, the Supplementary Test will be scheduled by the Unit Convenor.
The marked Tests will be returned to the students not later than the Week commencing on 5 June 2017.
Estimated Student Workload (outside class time)
On average, 2.5 - 3 hours per week from Week 5 to the date of the Class Test 2 (25 May 2017) in Week 11.
Essay
Students will be required to submit an Essay (excluding footnotes and bibliography: 2,800-3,000 words).
The Essay topic and Instructions will be posted on iLearn in Week 3.
The Essay is research based. Students will not be able to rely simply on the required and/or recommended reading materials for classes. Students will be expected to conduct their own research. The Essay is a task for each individual student. Collective or collaborative work is NOT ACCEPTABLE.
Footnotes and bibliography (in Australian Guide to Legal Citation (3rd ed) style) are required.
Criteria upon which the Essay is assessed are: the contents, structure, presentation, and referencing (footnoting and bibliography) of the essay which show the students’ understanding of the materials, the depth of arguments and critique, the thoroughness of legal research, and adequacy of referencing (detailed explanations are provided on the iLearn site of this Unit).
Students must hand in the Essay before 4:00 p.m. on 5 June 2017 to: BOTH BESS (Business and Economics Student Services) at E4B106 AND via TURNITIN on the iLearn site of this unit.
For both BESS and TURNITIN: The first submission is final. Do NOT submit to BESS more than once. Do NOT submit via TURNITIN more than once.
All text based assessments (such as the Essay) must be submitted through Turnitin as per instructions provided in the Essay Instructions (available on the iLearn site of this unit). It is the student’s responsibility to ensure that work is submitted correctly prior to the due date. No hard copies of assessments will be accepted alone and only Turnitin records will be taken as records of submission. Multiple submissions via Turnitin are NOT POSSIBLE in this unit. Originality reports are NOT made available to students to view and check their work. Please refer to these instructions on how to submit your assignment through Turnitin. Should you have questions about Turnitin or experience issues submitting through the system, you must inform your unit coordinator immediately. If the issue is technical in nature, you may also lodge OneHelp Ticket or refer to the IT help page. It is the responsibility of the student to retain a copy of any work submitted. Students must produce these documents upon request. Copies should be retained until the end of the grade appeal period each term. In the event that a student is asked to produce another copy of work submitted and is unable to do so, they may be awarded zero (0) for that particular assessment task.
In view of the time given to students to complete the Essay, no extensions will be granted. There will be a deduction of 10% of the total available marks made from the total awarded mark for each 24 hour period or part thereof that the submission is late (for example, 25 hours late in submission – 20% penalty). For example, if the Essay is worth 40 marks, a student is 23 hours late in submission and (before penalty) this student's mark is 30, the penalty will be a deduction of 4 marks (40 marks x 10% = 4 marks) (i.e. this student will obtain 26 marks for the Essay).This penalty does not apply for cases in which an application for disruption of studies is made and approved.
Estimated Student Workload (outside class time)
On average, 4.5 hours per week from Week 3 to 5 June 2017.
Name | Weighting | Hurdle | Due |
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Class Participation | 20% | No | Ongoing |
Class Test 1 | 15% | No | 6 April 2017 |
Class Test 2 | 25% | No | 25 May 2017 |
Essay | 40% | No | 5 June 2017 |
Due: Ongoing
Weighting: 20%
Class attendance and participation
Due: 6 April 2017
Weighting: 15%
In-Class Test
Due: 25 May 2017
Weighting: 25%
In-Class Test
Due: 5 June 2017
Weighting: 40%
Research-based essay
Classes
3 hours face-to-face teaching per week consisting of 1 x 1.5-hour lecture and 1 x 1.5-hour tutorial.
The timetable for classes can be found on the University web site at: http://www.timetables.mq.edu.au/.
Weekly attendance of tutorial classes is compulsory (assessment includes class activities and discussions).
Details on the content of tutorial classes can be found on this Unit's iLearn site (https://ilearn.mq.edu.au/login/MQ/).
Part(s) of the lectures may be replaced by video-recording and/or audio-recording of lecture(s) available on the iLearn site of the unit, in which event prior announcement will be made via the iLearn site of the unit.
Prizes
Prizes for this unit (if applicable): The Macquarie University Accounting and Corporate Governance Prizes: http://www.businessandeconomics.mq.edu.au/undergraduate_degrees/prizes_scholarships.
Required and Recommended Texts and/or Materials
Required Text
Anderson Mori & Tomotsune, Introduction to Japanese Business Law & Practice (Second Edition) (Japan, LexisNexis, 2014) (ISBN: 978-4-908069-00-0).
It can be purchased from the Macquarie University Co-op Bookshop.
It is available in the Macquarie Library (Call Number: KNX920 .I58 2014).
Other Required Materials
See the List of Weekly Topics and Prescribed Readings for Lectures and Tutorials in this Unit Guide.
They can be obtained from the Internet and/or database subscribed by the Macquarie University Library.
Recommended Materials
Hiroshi Oda, Japanese Law (Third Edition) (Oxford, Oxford University Press, 2009/2011).
Kay-Wah Chan, "Regulating Judges, Japanese-Style: The Prevalence of Informal Mechanisms" in Richard Devlin and Adam Dodek (eds) Regulating Judges: Beyond Independence and Accountability (Edward Elgar Publishing, 2016), pp.262-278.
Other recommended readings (if any) are as described in the Tutorial Instructions.
Technology Used and Required
Technology used: learning management system (iLearn: https://ilearn.mq.edu.au/login/MQ/).
Students have to frequently access this Unit's iLearn site (https://ilearn.mq.edu.au/login/MQ/) for the Lecture Notes, Tutorial Instructions, announcements and detailed information regarding the unit.
Unit Web Page
Lecture notes (from the lectures' PowerPoint slides) are available on the learning management system (iLearn): https://ilearn.mq.edu.au/login/MQ/.
Teaching and Learning Strategy
The weekly classes will be a combination of one 1.5-hour lecture and one 1.5-hour tutorial (with case studies, simulations and reflective activities). Part(s) of the lectures may be replaced by video-recording and/or audio-recording of lecture(s) available on the iLearn site of this unit, in which event prior announcement will be made via the iLearn site of this unit.
As assessment includes class participation in the tutorials, students will be expected to complete the required reading prior to class and to contribute to class activities (in small groups).
Tutorials will commence in the second week of the semester: Week 2.
Detailed tutorial instructions are available on this Unit's iLearn site (https://ilearn.mq.edu.au/login/MQ/).
LECTURES
Week |
Topics (unless otherwise announced on the iLearn site of this unit) |
Prescribed Readings (for Lectures) (unless otherwise announced on the iLearn site of this unit) |
Week 1 (2 March 2017) |
Introduction & Course Overview Understanding Japan Origin of the Japanese Legal System |
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Week 2 (9 March 2017) |
Governmental Structure and the Constitution |
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Week 3 (16 March 2017) |
Sources of Law Courts & the Judiciary |
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Week 4 (23 March 2017) |
Prosecutors Lawyers & Quasi-Legal Professions Justice System Reform |
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Week 5 (30 March 2017) |
General Principles of Civil Law |
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Week 6 (6 April 2017) |
Class Test 1 ------------------------------- Doing Business in/with Japan |
----------------------------------------------------------------------------------- Prescribed Readings for Doing Business in/with Japan
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Week 7 (13 April 2017) |
Corporation Law and Corporate Governance I |
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MID TERM BREAK |
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Week 8 (4 May 2017) |
Corporation Law and Corporate Governance II |
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Week 9 (11 May 2017) |
Labour Law |
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Week 10 (18 May 2017) |
Intellectual Property Law |
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Week 11 (25 May 2017) |
Class Test 2 |
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Week 12 (1 June 2017) |
Contract Law |
1.Lecture Notes 2.Part III of the Civil Code (relevant articles to be announced on iLearn site of this unit) (URL: please see iLearn site of this unit) |
Week 13 (8 June 2017) |
Dispute Resolution |
1.Textbook Chapter IX 2.Lecture Notes |
Tutorials
Week |
Topics (unless otherwise announced on the iLearn site of this unit) |
Prescribed Readings (unless otherwise announced on the iLearn site of this unit) |
Week 1 (2 March 2017) |
No tutorials this week. |
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Week 2 (9 March 2017) |
Introduction & Course Overview Understanding Japan Origin of the Japanese Legal System |
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Week 3 (16 March 2017) |
Governmental Structure and the Constitution |
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Week 4 (23 March 2017) |
Sources of Law Courts & the Judiciary |
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Week 5 (30 March 2017) |
Prosecutors Lawyers & Quasi-Legal Professions Justice System Reform |
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Week 6 (6 April 2017) |
No Tutorials (due to Class Test 1 in this Week) |
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Week 7 (13 April 2017) |
Essay Writing Workshop
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Please see iLearn site of this unit. |
MID-TERM BREAK |
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Week 8 (4 May 2017) |
Doing Business in/with Japan |
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Week 9 (11 May 2017) |
Corporation Law and Corporate Governance I & II |
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Week 10 (18 May 2017) |
Labour Law |
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Week 11 (25 May 2017) |
No Tutorials (due to Class Test 2 in this Week) |
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Week 12 (1 June 2017) |
Intellectual Property Law |
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Week 13 (8 June 2017) |
Contract Law
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Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:
Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html
Assessment Policy http://mq.edu.au/policy/docs/assessment/policy_2016.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Complaint Management Procedure for Students and Members of the Public http://www.mq.edu.au/policy/docs/complaint_management/procedure.html
Disruption to Studies Policy (in effect until Dec 4th, 2017): http://www.mq.edu.au/policy/docs/disruption_studies/policy.html
Special Consideration Policy (in effect from Dec 4th, 2017): https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policies/special-consideration
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.
Grades
Macquarie University uses the following grades in coursework units of study:
Grade descriptors and other information concerning grading are contained in the Macquarie University Grading Policy which is available at: http://www.mq.edu.au/policy/docs/grading/policy.html.
All final grades in the Department of Accounting and Corporate Governance are determined by a grading committee and are not the sole responsibility of the Unit Coordinator.
Students will be awarded one of these grades.
The final grade that is awarded reflect the corresponding grade descriptor in the Grading Policy.
To pass the unit, the students need an overall mark of 50%.
Grading Appeals
If, at the conclusion of the unit, you have performed below expectations, and are considering lodging an appeal of grade and/or viewing your essay please refer to the following website which provides information about these processes and the cut off dates in the first instance. Please read the instructions provided concerning what constitutes a valid ground for appeal before appealing your grade. http://www.businessandeconomics.mq.edu.au/new_and_current_students/undergraduate_current_students/how_do_i/grade_appeals/.
Academic Honesty
The nature of scholarly endeavour, dependent as it is on the work of others, binds all members of the University community to abide by the principles of academic honesty. Its fundamental principle is that all staff and students act with integrity in the creation, development, application and use of ideas and information. This means that:
Further information on the academic honesty can be found in the Macquarie University Academic Honesty Policy at http://www.mq.edu.au/policy/docs/academic_honesty/policy.html.
Disruption to Studies Policy
The University is committed to equity and fairness in all aspects of its learning and teaching. It recognises that students may experience disruptions that adversely affect their academic performance in assessment activities. A Disruption to Studies Policy exists to support students who experience serious and unavoidable disruption. The policy is available at: http://www.mq.edu.au/policy/docs/disruption_studies/policy.html.
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
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Access to all student computing facilities within the Faculty of Business and Economics is restricted to authorised coursework for approved units. Student ID cards must be displayed in the locations provided at all times.
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Non-compliance with these conditions may result in disciplinary action without further notice.
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Consultation is not available via email or telephone.
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This graduate capability is supported by:
We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.
This graduate capability is supported by:
Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.
This graduate capability is supported by:
We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.
This graduate capability is supported by:
As compared with the offering in 2016, the main change(s) is/are:
Research and Practice
1. This unit uses research by Macquarie University researcher:
2. This unit uses research from external sources:
Global and Sustainability
This unit addresses global and sustainability issues as direct areas of study and/or as necessary implications arising from the materials, assessment and academic discussion and debate in classes. We promote sustainability by developing ability in students to research and locate information within the Japanese law discipline. We aim to provide students with an opportunity to obtain skills which will benefit them throughout their career. The global contexts of this unit are found in the contents of the unit (as it is a Japanese Trade Law unit), including the contents of the lectures, the tutorials and its assessments tasks.