Question
For this legal case study assessment, students are to apply the concepts taught in the law modules for the unit (modules 9, 10 and 11)
For this legal case study assessment, students are to apply the concepts taught in the law modules for the unit (modules 9, 10 and 11) to a case study 'Leighton Holdings: Building Bribery' and answer four short answer questions. To best answer these questions, students may be required to research beyond the principles taught in the lectures and tutorials, and will be required to reference any external material that is used to form the substance of their answers. In breaking down the marks that are available for this assessment, each question is worth 9 marks for a total of 36 marks for the content portion of the assignment. The remaining 4 marks are awarded for the use of referencing and the structure / presentation of assignment submissions. A hard copy version of your assignment is not required to be submitted to your lecturer or tutor. Assessment Questions Read the Leighton Holdings: Building Bribery case study and answer the following questions:
1. What areas of law are pertinent to this case study? Describe what the identified areas of law cover, and explain how they are relevant to the issues raised in the case study. (9 marks)
2. Describe the regulatory responsibility of the Australian Securities and Investments Commission (ASIC). Why was it suggested in the case study that ASIC was a regulatory body with weak foundations that failed to effectively handle the investigation into Leighton Holdings? (9 marks)
3. What is the business structure utilised by Leighton Holdings and what are its main features? How does the principle of separate legal existence apply to prevent the directors, employees and shareholders of Leighton Holdings from being personally liable to external stakeholders for the impropriety that has occurred here? (9 marks)
4. Using Leighton and other similar scandals, discuss the importance of tone at the top (the example set by leaders) and remuneration policy in contributing to, or preventing, corruption. (9 marks)
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