Explain Legal Issue- How To Identify The Issue
Order ID |
53563633773 |
Type |
Essay |
Writer Level |
Masters |
Style |
APA |
Sources/References |
4 |
Perfect Number of Pages to Order |
5-10 Pages |
Description/Paper Instructions
Explain Legal Issue- How To Identify The Issue
Law first coursework notes:
Law each paragraph:
- Explain legal issue- how to identify the issue
- Use the related law – can look at which seminar questions are related to coursework
- Application- explain that why I will use this law, where take the law & the apply to the fact
- Conclusion
- Use the referencing is required to give intellectual credit to your source, helps the marker recover your source easily and avoids you being accused of plagiarism. Students must reference sources using the Oxford Standard for the Citation of Legal Authorities (OSCOLA). Details of this can be found on pages 23 – 25 Students should ensure all sources are fully cited in footnotes and in their bibliography in accordance with OSCOLA and that indentation or quotation marks (as appropriate) are used when quoting.
- Approaching legal problem questions
What is a problem question?
A legal problem question/case study describes a fictitious scenario then asks you to advise one or more of the parties in it about their legal rights, or possible liabilities. This is what a solicitor does when advising a client in their office. You are the legal advisor and the party/parties you are asked to advise in the question are your clients.
How should you structure your answer to such a question?
Only think about this once you have read the problem question carefully (several times) and identified the key facts (e.g. key characters, events, and dates).
When you are ready to think about your answer the marker will be expecting you to structure it following the ILAC method.
This should result in it having a clear and logical structure enabling the
marker to see where you are heading.
What does ILAC stand for?
Introduction
Law
Application
Conclusion
What to put in an Introduction
Begin your answer with an introduction. It should tell the marker:-
About each legal issue you have identified in the question which your client faces;
What area (or areas) of law relate to each issue,
Why the issue(s) are significant to your client; and
The order in which you plan to deal with each of them in turn.
This helps the marker to understand what you are trying to do and they can then follow the structure of your answer more easily.
For example, in a problem question on contract formation involving an advertisement made by a shop offering a free gift to anyone who spends over £50 in the store on a particular day, the first issue might be to determine the legal status of the advertisement (is it an offer or an invitation to treat?).
Once you have identified each issue, it is useful to explain its significance
to the outcome of the problem. Why does it matter? How and why will it
affect the ultimate advice/outcome for your client?
If there are several issues, you should deal with each one in turn
What to put in the Law section
Following the introduction comes an explanation of the legal principles relating to each issue mentioned in the introduction. This will include cases and if appropriate sections from relevant statutes, as they after all are the law and your client wants legal advice not simply your opinion!
Try to resist the temptation to jump to a conclusion straight away – you will gain credit for explaining the reasoning behind your conclusion, not for getting to the right answer without referring to any supporting
authority.
For example, if we are still dealing with the example given above, the relevant
legal principle would be that Partridge v Crittenden held that generally
speaking advertisements are invitations to treat but that it is clear from the
Court of Appeal decision in Carlill v Carbolic Smoke Ball Co that if they
satisfy certain requirements, advertisements can be classed as unilateral
offers – then explain what a unilateral offer is and set out the defining
qualities of a unilateral offer (in other words the requirements that would
have to be satisfied to bring an advertisement within the definition of a
unilateral offer).
At this stage, you are simply setting out the law rather than worrying about
the specific facts of the problem question.
What to put in the Application section
Having explained the legal principles, you must now explain how they will impact on your client’s issue. Again cases, and if relevant, sections from statutes will be needed here. Your client will want to know about the impact as that will determine their legal rights, or possible liabilities.
Taking the example used above, you would need to apply the various qualities/requirements of a unilateral offer and see whether they are satisfied by the wording of the advertisement in the problem question.
What we will be looking for in a Conclusion
In it you will predict the outcome for your client – what legal rights/remedies they have or what liabilities they face based on the application of the legal principles you have just explained.
For example, your conclusion might be that the wording of the
advertisement in the question satisfies the requirements of a unilateral offer and therefore the shop has made an offer to the world as was the case in Carlill.
What to do if you are asked to advise more than one person in the question?
If you are asked to advise several characters in a question have one Introduction covering all of them but then have separate Law and Application parts for each one followed by a mini Conclusion and then at the very end of your answer have an overall Conclusion which draws every mini conclusion together and provides the final advice to your clients.
What if the question involves numerous issues?
In a nutshell work through them one by one following ILAC. Firstly explain all the issues in an Introduction, then move on to explain the law which relates to each individual issue, apply it to that issue and draw a mini conclusion before going on to the next issue and repeating this process. The final part of your answer will be a paragraph pulling all the mini conclusions together.
For example using the issue already mentioned of unilateral offers, having established a unilateral offer has been made by the shop the next issue is to consider how and when a unilateral offer can be accepted and revoked and whether the offer was revoked before acceptance in the question that you are working on.
First questions:
1.1 in issue part, identify two parties first, who is claimant, who is defendant. Explain that what is contract for two parties? Does it disagree or agree the contract for their two parts?
1.2 No spend long time to explain each issue
1.3 The coursework questions focus on week 5 to week 11 (contract, misrepresentation, discharging a contract & remedies for breach of contract, tort and negligence)
Second questions:
- Identify the claimant & defendant
- Do they agree or disagree the contract law?
- LOOK AT THE CONTRACT LAW
- Focus on week 5 to week 11
RUBRIC
QUALITY OF RESPONSE |
NO RESPONSE |
POOR / UNSATISFACTORY |
SATISFACTORY |
GOOD |
EXCELLENT |
Content (worth a maximum of 50% of the total points) |
Zero points: Student failed to submit the final paper. |
20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. |
30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. |
40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. |
50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. |
Use of Sources (worth a maximum of 20% of the total points). |
Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. |
5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. |
10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. |
15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. |
20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. |
Grammar (worth maximum of 20% of total points) |
Zero points: Student failed to submit the final paper. |
5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors |
10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors |
15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. |
20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. |
Structure of the Paper (worth 10% of total points) |
Zero points: Student failed to submit the final paper. |
3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. |
5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper |
7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. |
10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. |
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