LA4010 English Legal System

Assessment criteria: Law and Criminology Grading Criteria

Comprehensive coverage of relevant issues, including the identification of all relevant legal issues in a problem based assignment. Accurate knowledge and understanding of legal concepts, principles, rules and relevant case law where appropriate Clearly written with careful and accurate use of the English language and legal terminology. Coherent structure and well presented. In the case of problems or case studies able to apply rules, principles or theory to moderately difficult fact situations, to analyse fact situations and produce well supported and well-argued reasons and conclusions in relation to them. All discussion should be relevant to the questions and all issues, raised by the question should have been spotted. Informed discussion of current issues and their influence on practice or reform, where appropriate. Evidence and use of a wide range of reading

More descriptive and less analytical approach to a range of relevant knowledge and reading but clear evidence of understanding. Mainly accurate explanations of relevantlegal concepts, principles, rules and case law where appropriate.

 

Written in a clear generally careful and accurate use of the English language and legal terminology. Well-structured and presented. In the case of problems or case studies able to apply rules, principles or theory to moderately difficult fact situations and to analyse those situations and produce generally well supported, argued reasons in relation to them. Conclusions may be more tentative. All major issues and most minor issues must have been spotted. There is some awareness of current issues and possible developments and reforms. Some evidence of limited wider reading.

Descriptive approach to a more limited range of knowledge and reading. Some understanding demonstrated but problems of relevance. Generally accurate explanations of concepts, principles, rules and some case law.

 

Although reasonably well written the use of the English language and legal terminology is sometimes less accurate and careful. The structure is less well developed. The answers demonstrate some understanding and ability to apply theory or rules and principles but the arguments and conclusions are not really developed. There are some major errors or omissions.

There is over reliance on basic textbooks and lecture notes with little or no evidence of wider reading.

Complies with assessment requirements and meets basic or minimum marking criteria. Answers demonstrate a limited knowledge and understanding of the topic. The answers are characterised by a number of weaknesses, namely:
• being descriptive;
• not answering the question directly; problems of relevance;
• containing important inaccuracies;
• explanations are not fully developed or supported, particularly case law;
• lack of a structured answer;

 

35-39%

 

The answer is poorly structured and written. The question posed is not addressed. The answers are descriptive and arguments are not developed and supported by evidence, rules, principles or case law. There is a cursory coverage of some basic but limited material. Fails to meet requirements of the assessment and marking criteria minima. Limited knowledge displayed and little understanding.

Some very limited knowledge displayed. Poorly presented, poorly structured. No real argument or attempt to substantiate statements. Very limited knowledge of theory or rules or principles or case law.

 

Student reaches the minimum threshold for the work such that they may be passed overall in the module.

The answer is poor in terms of relevance, amount of knowledge and understanding. Most of the work is wrong or inaccurate. The structure of the work is poor and the language/grammar is so poor as to make it incomprehensible. The student should not be passed overall.

All coursework will be submitted through Turnitin.

Work submitted will be returned to you online through Turnitin.

The Reassessment will be the same as the original assessment, you will be informed of the date.

You should aim to submit all coursework by the deadline set. Meeting deadlines is an essential employability skill, and an expectation for your course.

 

UEL does permit students to submit coursework up to 24 hours after the deadline. Work submitted within 24 hours of the deadline will be subject to a fixed penalty of 5% of the total marks available (as opposed to marks obtained).

 

Please note that if you submit both before the deadline and during the 24 hour late period, then the second submission will be marked and 5% deducted.

 

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.

• impair your examination performance prevent you from attending examinations or other types of assessment, or
• prevent you from submitting coursework or other assessed work by the scheduled deadline date, or within 24 hours of the deadline date

• unforeseeable - in that you could have no prior knowledge of the event concerned, and
• unpreventable - in that you could do nothing reasonably in your power to prevent such an event, and
• expected to have a serious impact on performance

 

Return of work and feedback

 

Formal results are only available in UEL Direct, and will be published within 8 working days of the Board, where results are formally confirmed. Any other results
are provisional / indicative but not approved.

 

You will receive feedback throughout your course through the following:

 

one-to-one or individualised (i.e. tutorials, conversations with supervisors, or individualised comments on assignments)

Read the problem below and answer all the questions in your answer.

 

Problem

 

In early 2020 the Vehicles in Greenbelt Areas Act 2020 (a fictitious Act) was passed following effective lobbying by the environmental group ‘The Worshipful Society of Tree Huggers’. The group wants to preserve parks in England and Wales as places of tranquillity, safety and natural beauty by banning vehicles in greenbelt areas and parks.

 

During the parliamentary debates on the Act the Secretary of State for the Environment stated

 

“It is not the intention of Parliament to ban all vehicles from green areas; while cars, vans and motorcycles may pollute the environment and be a danger to children and other park users, clearly there are other forms of transport that do not.”

 

Section 1 of the Act creates an offence providing that ‘A person commits an offence under this section when he knowingly brings or causes to be brought any vehicle onto a public park or any part thereof.’

Schedule 2 of the Act defines ‘vehicle’ as ‘any car, van, lorry or any other wheeled conveyance designed for the carriage of persons, animals or things.’

 

In the town of Crombie, Pablo and his friend Celeste, are rollerblading through the park. They are approached by two uniformed police constables who say it is their intention to arrest both of them under s1 of the 2020 Act. Alicia a local businesswoman is also arrested and charged under s1 the Act for riding a motorised scooter through the park. Ola, who is in a wheelchair and taking a short cut through the park on his way to work is also arrested.

 

Meanwhile in the town of Anyplace full-time pigeon rights activist Rahim is protesting for animal rights in the village by hijacking Old MacDonald’s tractor and driving it through the town’s picturesque central green. The tractor is very noisy with big plumes of black smoke jetting from its exhaust pipes. Rahim loses control of the tractor and crashes into a ditch. Several picnickers narrowly escape injury. Rahim is arrested and charged under s1 of the 2020 Act. As he is placed in the back of the police vehicle, he protests his innocence and claims is the victim of police brutality because “I like pigeons better than people.”

 

Advise Pablo, Celeste, Rahim and Ola as to how this new legislation might be interpreted by the judge when their respective cases come to trial. In giving your
advice refer to relevant case law and consider the following:

1. The rules of statutory interpretation and language and the rationale for their use.

 

2. What if the court were to take a literal approach to the meaning of this legislation, what might the outcome be?

 

3. Explain the Golden Rule and its possible application to the above problem.

 

4. Outline the purposive approach of the courts to statutory interpretation.

 

5. Explain, with reference to relevant cases any application of the Ejusdem Generis rule to the facts of this case.