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Assignment Briefs 12-05-2022

AC 1.1 Distinguish between primary, secondary and delegated legislations

LAW403: Legal Methods Assignment

Module Name

LAW403: Legal Methods

Assignment Name

LAW403: Legal Methods Assignment

Level

Level 4 Diploma in Law

Credits

30

Plagiarism and Collusion

In submitting the assignment, Learners must complete a statement of authenticity confirming that the work submitted for all tasks is their own. The statement should also include the word count.

Plagiarism and collusion are treated very seriously. Plagiarism involves presenting another author`s work, excerpts, ideas, or passages without appropriate referencing and attribution. Collusion occurs when two or more learners submit work that is so alike in ideas, content, wording, and/or structure that the similarity goes beyond what might have been mere coincidence.

Referencing

A professional approach to work is expected from all learners. Learners must therefore identify and acknowledge ALL sources/methodologies/applications used.

The learner must use an appropriate referencing system to achieve this. Marks are not awarded for the use of English; however, the learner must express ideas clearly and ensure that appropriate terminology is used to convey accuracy in meaning.

Please use the Harvard Style of Referencing throughout your work.

Appendices

You may include appendices to support your work. However, appendices must only contain additional supporting information and must be clearly referenced in your assignment.

You may also include tables, graphs, diagrams, Gantt charts, and flowcharts that support the main report and should be incorporated into the back of the submitted assignment report. Distinguish between primary, secondary and delegated legislations

Any published secondary information such as annual reports and company literature should be referenced in the main text of the assignment, following Harvard Style Referencing, and referenced at the end of the assignment.

Confidentiality

When Learners choose to include organisational information that deals with sensitive material or issues, they must seek advice and permission from that organisation about its inclusion.

Where confidentiality is an issue, Learners are advised to anonymise their assignment report so that it cannot be attributed to that particular organisation.

Word Count Policy

Learners must comply with the required word count within a margin of +10%. These rules exclude the index, headings, tables, images, footnotes, appendices, and information within references and bibliographies.

When an assessment task requires learners to produce presentation slides with supporting notes, the word count only applies to the supporting notes.

Marking and Grades

The details of a standard marking rubric can be found at the end of this document. Unless stated elsewhere, learners must answer all questions in this document.

Submission of Assignments

Before submitting your work check you have:

✓     Completed the tasks or activities as required by the assignment

✓     Labelled or numbered each task or activity

✓     Understood and responded to the command verbs in the Assessment Criteria

✓     Produced the tasks or activities in the required format

✓     Presented your work clearly

✓     Referenced sources you have used and cited from

✓     Put cited material in quotation marks

✓     Checked for any spelling or grammatical errors

✓    Added a footer with page numbers

Assignment Question

Assignment Total Word Count - 2000

Task 1 - 700 words

Law lecture notes

You are employed in a law firm and have been asked to prepare notes on the law and legal system in the UK for a talk that one of the partner’s has been asked to give to prospective law students. You should include relevant legislation and cases to illustrate your points where appropriate.

You need to produce a file of notes for the lecture. In the file you must:

  • Distinguish between primary, secondary and delegated legislations. (AC 1.1)
  • Explain the hierarchy within statutory sources and the case law. (AC 1.2)
  • Explain the impact of the Human Rights Act. (AC 1.3)
  • Illustrate the operation of literal, golden and purposive rules of statutory interpretation. (AC 2.3)
  • Analyse the structure of the criminal and civil courts (AC 3.1)
  • Analyse the role of the judiciary and the judicial appointment process. (AC 3.2)
  • Analyse the function of the jury in criminal trials. (AC 3.3)
  • Assess the duty and powers of the police. (AC 4.1)
  • Assess the role of the Crown Prosecution Service. (AC 4.2)
  • Examine the latest reforms to the civil justice process. (AC 4.3)

Task 2 - 650 words

Case analysis

You are asked to prepare an analysis of a case and explain how judicial precedent works in the English courts. 

The case you need to analyse and refer to in this case exercise is Alcock Chief Constable of South Yorkshire Police (1992) which is a case related to the Hillsborough Stadium disaster in 1989. You can find the full case report at:http://www.bailii.org/uk/cases/UKHL/1991/5.html.

In your case analysis you must:

  • Explain the doctrine of judicial precedent. (AC 2.1)
  • Distinguish between binding, non-binding and persuasive decisions. (AC 2.2)

Task 3 - 650 words

Mooting exercise

In preparation for a mooting exercise, you are asked to analyse the following scenario applying relevant cases and statutory provisions:

Harry Pollard is a delivery driver for a builder’s merchants. When delivering to a large construction site, he witnessed the collapse and subsequent fire in a building in which several people were working. Distinguish between primary, secondary and delegated legislations. He witnessed the incident from the site office and was not close enough to be in any physical danger but saw some horrific sights as people fell from the top of the building and were burned in the fire. Pollard has been off work sick since the incident and is making a claim for psychiatric harm against the construction company.

Your analysis must:

  • Explain the importance of a bundle in mooting exercises. (AC 5.1)
  • Analyse and apply relevant cases and statutory provisions to the scenario. (AC 5.2)
  • Present the arguments for the parties involved in the given mooting scenario. (AC 5.3)

Marking Rubric:

 

Distinguished

Excellent

Good

Proficient

Basic

Marginal

Unacceptable

Criteria

80+

70

60

50

40

30

0

Content

Extensive

Comprehensive

Adequate

Describes

Describes some of

Largely

Inadequate

(alignment with

evaluation and

critical

evaluation and

main ideas

the main ideas but

incomplete

information or

assessment

synthesis of

evaluation and

synthesis of key

with evidence

omits some

description of

containing

criteria)

ideas; includes

synthesis of

ideas beyond

of evaluation;

concepts; limited

main issues;

information not

 

substantial

ideas; includes

basic

includes

evidence of

misses key

relevant to the

 

original thinking

coherent

descriptions;

some original

evaluation;

concepts; no

topic

 

 

original

includes

thinking

confused original

original

 

 

 

thinking

original

 

thinking

thinking

 

 

 

 

thinking

 

 

 

 

Application of

In-depth,

Clear and

Appropriate

Adequate

Limited

Confused

Little or no

Theory and

detailed and

relevant

application of

application of

application of

application of

evidence of

Literature

relevant

application of

application of

theory; fully

theory;

integrates

theory; uses

literature to

theory; refers to

literature but may

theory; does

not use

application of

theory and

 

theory; expertly

integrates

literature to

support ideas

not use it

literature for

relevant

 

integrates

literature to

support ideas

and concepts

consistently

support

literature

 

literature to

support ideas

and concepts

 

 

 

 

 

support ideas

and concepts

 

 

 

 

 

 

and concept

 

 

 

 

 

 

Knowledge and

Extensive depth

Comprehensive

Sound

Basic

Limited and

Confused or

Little or no

Understanding

of understanding

knowledge and

understanding

Knowledge

superficial

inadequate

evidence of

 

and exploration

depth of

of

and

knowledge and

knowledge and

knowledge or

 

beyond key

understanding

principles and

understandin

understanding of

understanding

understanding of

 

principles and

key principles

concepts

g

key concepts and

of key

key concepts and

 

concepts

and concepts

 

of key

principles

concepts and

principles

 

 

 

 

concepts and

 

principles

 

 

 

 

 

principles

 

 

 

Presentation and

Logical, coherent

Logical,

Logical

Orderly

Somewhat weak

Confused

Illogical

Writing Skills

and polished

coherent

structure to

presentation;

presentation;

presentation;

presentation

 

presentation

presentation

presentation;

minor errors

errors in

errors in

lacking cohesion;

 

exceeding

demonstrating

makes few

in mechanics

mechanics and

mechanics and

contains

 

expectations at

mastery; free

errors in

and syntax

syntax may

syntax often

significant errors

 

this level; free

from errors in

mechanics and

 

interfere with

interfere with

that interfere

 

from errors in

mechanics and

syntax which

 

meaning

meaning

with meaning

 

mechanics and

syntax

do not prohibit

 

 

 

 

 

syntax

 

meaning

 

 

 

 

Referencing

Advanced use of

Mastery of

Appropriate

Adequate use

Limited use of in-

Inadequate use

Little or no

 

in- text citation

in-text citation

use of in-text

of in- text

text citation and

of citation and

evidence of

 

and references

and

citation and

citation and

referencing

referencing

appropriate

 

 

referencing

referencing

referencing

 

 

referencing or

 

 

 

 

 

 

 

use of sources

 

Directions:

Total the boxes and divide by 5 to arrive at the final mark. Example:

 

Distinguished

Excellent

Good

Proficient

Basic

Marginal

Unacceptable

Range

80-100

70-79

60-69

50-59

40-49

35-39

0-34

Criteria

Score

Content

50

Application of Theory and Literature

40

Knowledge and Understanding

50

Presentation/Writing Skills

40

Referencing

40

Total Score

220/5 = 44, Pass

 

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