MLC710 Sport and the Law

Assessment – Case Design Research Portfolio

Overview of this assessment

This is an individual research assessment.

Your task includes four parts. The first (Part A) is a case summary, which will require students to research legal resources to select cases (decided court decisions or where relevant tribunal decisions) for the purpose of designing Part B. You will be required to provide case summaries of those cases, from one or both of the topics below. The second (Part B) is to design a hypothetical fact situation, based on the selected cases in Part A. The third (Part C) is to apply legal reasoning skills to the HFS designed in Part B, and the final part (Part D) is to write a critical reflection on the area of law your HFS is based on.

Each week during seminars for MLC710 we have tackled problem questions (HFS) in Sport and the Law. Your first assessment required you to advise parties of their legal positions in relation to two HFSs. Your second assessment required you to critically analyse/evaluate and reflect on legal and ethical issues that arise in Sport and the Law (CTE as well as ongoing themes in Sport and the Law/ Sports Law). This assessment requires you to apply the combined skills developed from the first two assessments, with the addition of a case summary research component and a case design component.

This assessment is a research task that will require you to do independent research. The materials you should refer to when preparing your portfolio include the textbook, books, legal databases (case law and statutes), journal articles, and other academic resources and materials.

Assessment 3 - Case Design Research Portfolio

Topics

1. Misconduct (Topic 9)
2. Discrimination (Topic 10)

Part A

Case research summaries - ULO1&3

You are expected to search for and write brief summaries of FIVE cases in relation to your selected topic/s. This part should be done in conjunction with Part B and C, as your case selection will be critical to the design of the HFS in Part B, and the legal analysis in Part C.

This part is a research exercise. You may use the textbook as a guide, however reciting the case facts from the textbook will only gain you a pass mark for this part. In other words, students will be rewarded for going beyond the textbook. Your case selection will be critical in your design of Part B and these cases should also be used and applied in Part C.

Part B

Case Design ULO 1,2&3

You are expected to design a HFS based on the cases that you have selected in Part A and any relevant legislation (including Codes of Conduct). The HFS should include facts that allow for the application of legal principles derived from the selected cases (Part A) and any relevant legislation. This part should be done in conjunction with Part A and C, as your case design must contain facts that allow for the:

• Application of legal principles derived from the cases in Part A and any relevant legislation (including Codes of Conduct).
• Legal analysis in Part C.

This part is not a research exercise per se. Rather, it requires you to demonstrate your knowledge and understanding of how legal principles apply to any given HFS, through the design exercise.

Part C

Legal Analysis ULO 1,2&3

You are expected to apply legal reasoning skills (IRAC) to the HFS designed in Part B. Your legal analysis will include the application of the cases selected in Part A and other legal principles derived from legislation (including Codes of Conduct). The quality of your legal analysis will be reflected in the design of the HFS, and the relevance and correct application of the cases selected in Part A and any relevant legislation.

The legal analysis will be marked in accordance with the following criteria:

• Identification of the issues.
• Identification of the applicable legal rules (principles of law derived from cases (Part A) and legislation).
• Analysis of the facts and application of the law to the facts.

Part D

Critical reflection ULO1,3&4

For this final part you are expected to write a critical reflection on the area of the law selected for your case design. The area of law you select for the HFS will likely determine the quality of your critical reflection, as some areas of the law are more contentious than others. Critically reflective writing requires students to demonstrate critical reading, thinking, and writing skills. You will be assessed according to the following criteria:

• Identification of legal and ethical issues.
• Identification of relevant laws that relate to the issues.
• Critical reflection of the legal/ethical issues and the laws that relate to those issues.

• Conclusion