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LA3005 Legal Communications

Question:

You are provided with two documents.

Document 1:

Witness statement of Bobby TOMPSON, a schoolboy who was knocked from his bicycle on the way home from school. Bobby suffered injuries and some of his personal belongings and clothes were damaged in the incident.

Document 2:

Witness statement of Patricia JARRAMS, the driver of the motorcar which knocked Bobby TOMPSON. Ms. Jarrams denies any fault and has herself suffered loss and damage. She claims that her car was damaged in several places.

You will find both witness statements in APPENDIX 1 at the end of these assessment instructions.

From Document 1, the witness statement of Bobby TOMPSON, you will draft a Particulars of Claim. In this Particulars of Claim you must outline the following:

1.The circumstances causing the incident.

2.You will allege negligence

3.Particularise the alleged negligence

4.Particularise injuries, loss, and damage (no quantum)

5.Provide a schedule of Special damage (loss/damage to personal belongings). 

From Document 2, the witness statement of Patricia JARRAMS, you will draft a Defence and Counter Claim. In this Defence and Counter Claim you must outline the following:

1.Are there any parts of Bobby TOMSONS Particulars of Claim that Patricia Jarrams must admit?

2.Denial of negligence

3.Counter claim of negligence

4.Particularise negligence

5.Plead a Counter Claim

6.Provide a Schedule of Special Damage.

You will be referred to

the personal injury guidelines of the Judicial Studies Board. You will use these guidelines to quantify (assign a monetary value to) the injuries sustained by Bobby TOMPSON as a result of the incident described in TASK 1.

You are not required to provide an exact figure, rather you are asked to arrive at an upper and lower band of quantum. E.g. £10,000 - £15,000

Give an account of how, using the guidelines provided, you went about quantifying damages for Bobby TOMPSON’s injuries explaining how and why you arrived at the figures you did.

We strongly suggest that you try to submit all coursework by the deadline set as meeting deadlines is expected in employment.  However, in our regulations, UEL has permitted students to be able to submit their coursework up to 24 hours after the deadline. Coursework which is submitted late, but within 24 hours of the deadline, will be assessed but subject to a fixed penalty.

The impact of the fixed penalty on your result will depend what level of study you are in and when you began your course at UEL.  For full details see Part 3, Manual of General Regulations at .

Please note that if you submit twice, once before the deadline and once during the 24 hour late period, then the second submission will be marked and the fixed penalty applied.

This rule only applies to coursework.  It does not apply to examinations, presentations, performances, practical assessments or viva voce examinations.  If you miss these for a genuine reason, then you will need to apply for extenuating circumstances, or accept that you will receive a zero mark.

ELEMENTS BEING ASSESSED

Knowledge

1. Demonstrate an understanding of a reported case. (EID & DP)

2. Demonstrate an understanding of legislation and the approaches to interpreting legislation. (COI & DP)

Thinking skills

3. Analyse reported case law to determine its possible meaning. (SID)

4.   Analyse legislation to ascertain its possible meaning. (COI)

5.    Construct valid arguments to support conclusions. (COI)

Subject-based practical skills

6. Construct a legal argument in oral form. (COI)

7. Construct a written legal argument using the appropriate language and conventions. (COI)

Skills for life and work (general skills)

8. Communicate effectively and accurately both orally and in writing. (COI)

9. Work in groups to analyse legal materials and factual situations. (COI)

As a student, you will be taught how to write correctly referenced essays using UEL's standard Harvard referencing system from Cite Them Right. Cite Them Right is the standard Harvard referencing style at UEL for all Schools apart from the School of Psychology which uses the APA system.

The electronic version of Cite Them Right: The Essential Referencing Guide (11th edition), can be accessed whilst on or off campus via UEL the link below and will teach you all you need to know about Harvard referencing, plagiarism and collusion.  The book can only be read online and no part of it can be printed nor downloaded.

Further information is available at:

If you are accessing off campus:

·Click Login

·Select University of East London from the list of institutions

·Click Log In at University of East London

·Enter your UEL email address and password

Notice is hereby given that all submissions for component [insert name(s) of component(s)] of this Module must be submitted to Turnitin.”  If you fail to submit component [insert name(s) of component(s)], to Turnitin, in accordance with the guidance provided on the Virtual Learning Environment (Moodle), a mark of 0 will be awarded for the component.

Submitting Assessments Using Turnitin:

Turnitin is required for coursework assessments, such as report/research papers or projects in Microsoft Word, PowerPoint, and in PDF format.  There are two main reasons we want you to use Turnitin:

·Turnitin can help you avoid academic

breaches and plagiarism.  When you use Turnitin before a submission deadline, you can use the Originality Report feature to compare your work to thousands of other sources (like websites, Wikipedia, and even other student papers).  Anything in your work that identically matches another source is highlighted for you to see.  When you use this feature before the deadline, you will have time to revise your work to avoid an instance of academic breach/plagiarism.  

·Turnitin saves paper.  When using Turnitin to electronically submit your work, you will almost never have to submit a paper copy.  

Late Submissions Using Turnitin

UEL has permitted students to be able to submit their coursework up to 24 hours after the deadline.  Assessments that are submitted up to 24 hours late are still marked, but with a deduction in marks (see above).  However, you have to be very careful when you are submitting your assessment.  If you submit your work twice, once using the original deadline link and then again using the late submission link on Turnitin, your assignment will be graded as late

Turnitin System Failure

Best advice: Don’t wait until the last minute to submit your assessments electronically.  If you experience a problem submitting your work with Turnitin, you should notify your lecturer/tutor by email immediately.  However, deadlines are not extended unless there is a significant systems problem with Turnitin.  UEL has specific plans in place to address these issues.  If UEL finds that the issue with the system was significant, you will receive an email notifying you of the issue and that you have been given a 24 hour extension.  If you don’t receive any email that specifically states you have been given an extension, then the original deadline has not been changed.  

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