23 May WHAT WAS/WERE THE LEGAL ISSUE(S) FOR DETERMINATION ON APPEAL?
Assessment Criteria:
Please see the Assessment Criteria Guidei
Marks will be awarded for work which demonstrates your ability to:
• clearly and concisely explain what happened in the case, including the legal principles (and precedents) involved (especially ‘hinge’ or pivotal legal issues), the arguments that were put forward and the judicial reasoning resulting in the decision;
• demonstrate a good understanding of the concepts and the materials studied during this term (up to and including lecture & case class in week 7) through the appropriate use of examples and references (using examples from the materials you have studied);
• read and draw informed conclusions from other academic sources (applying what you have learned to new material);
• identify and prioritise key themes from a range of materials (selecting relevant material);
• produce good academic writing, i.e. clear grammatical writing which is appropriately referenced (well written and not plagiarised).
Specific assessment criteria for this exercise:
University guidance is that specific criteria should only be added if they will help focus students for the particular exercise.
This case note requires the student to focus on those matters within the case that relate specifically to the Law of Obligations.
A sensible way to break down your Case Note – which should also include the neutral citation somewhere in your answer – is along the following lines:
1. In your own words, state the facts of the case and highlight the facts which you consider were particularly relevant to the legal issue(s) in question on appeal.
2. What had the first instance court decided?
3. Which party brought the appeal?
4. What was/were the legal issue(s) for determination on appeal?
5. State the outcome(s) of the appeal. Was the previous decision affirmed or reversed and was the appellate court’s decision unanimous?
6. For each judge, summarise the reasons for reaching their respective decisions.
7. In light of question 6, what do you understand the ratio of this case to be? Are there any potentially interesting/useful obiter comments?
8. Giving reasons, and specific reference to the judges’ judgments, explain whether you agree with the outcome of the case.
A greater proportion of marks will be awarded in relation to questions 6-8.
Percentage of module mark:
The percentage of the final module mark derived from this assessed work 30 %
Return of coursework
The due date for the return of essays is 5 pm 14th December 2015
Law School policy is to return marked coursework, with feedback within 4 weeks: all marks are provisional, subject to revision by the External Examiner in end of year results. However, it may be necessary to delay the return of coursework in particular circumstances, in which case the module convenor will provide an explanation and the new date for the return of the work.
Return of hard copy essays and feedback
Some markers will mark hard copy coursework, those staff who choose to mark in this way will be provided with copies printed from Turnitin by KLS support staff and will be provided with marking and feedback sheets to use. Where possible, work marked in hard copy will be returned in seminars. If a student misses a class where essays are returned they may contact the marker during office hours. Where it is not possible to return hard copy marking in seminars (eg where the module has ended) they will be made available for collection from the KLS Undergraduate office.
Return of feedback for work marked on line
The feedback for on-line marking will be available for students to view on Turnitin.
Seminar leaders should make their own students aware of how they mark and where the student can expect to find their feedback
WRITING A CASE NOTE
The purpose of this handout is to help you with the preparation of case notes generally (i.e. for assessment or for your own notes) and, initially at least, your case note that forms Assessment 1 in Introduction to Obligations.
WHAT IS A CASE NOTE?
A case note seeks to provide a brief analysis of the key elements of a legal decision, exploring its meaning and significance by placing it in its legal and social context. As such the act of writing a case note is a useful way of making sure that you are able to identify and understand not only the key issues of the case itself but also how it relates to, and its possible impact on, other cases, policy and the development of the law itself. Its length can vary from 250-4,000 words depending on, for example, its purpose (for assessment or otherwise), the importance of the case and so on.
Many legal journals include case notes written by academics with specific knowledge in their field. These usually include a summary of the facts and decision of the case followed by a relatively brief commentary on a particular issue it raises. To this end, throughout your studies, you might find it useful to occasionally browse the case notes in both general journals (e.g. Law Quarterly Review, Cambridge Law Journal or Modern Law Review) and more specialist journals (e.g. Feminist Legal Studies or Medical Law Review) as a way of keeping up to date with new developments in case law in the area(s) you are studying and in learning how case notes differ in style and content from e.g. law reports, textbook reports of a case or articles discussing a case. Student law journals (such as those found in the KLS foyer) can also be helpful, as the case notes within them are generally written by academics with a view to them being read by students, and will give you an idea of the structure and style a note should take. We have included some case notes on some of the cases you will look at in Introduction to Obligations in the reading pack (required reading) and in the further reading.
Case-noting is an important skill for you to develop. It is a means of testing and recording your understanding of a case – whether for the purposes of formal (formative or summative) assessment, as here, or for your own notes (particularly for revision). It is also a skill that is transferrable into practice (and the skill of succinct summary in general is one that is valuable in all kinds of professions, not just in law).
The ability to write a good case note demonstrates a number of key legal skills including
– Comprehension of legal information
– Analysis and evaluation of legal materials
– Background or other research
– Use of IT (in both research and writing)
– Presentation and writing skills
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