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LLM International Business Law Advanced Legal Skills Assessment

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Added on  2019-09-21

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This is an assessment for LLM International Business Law Advanced Legal Skills. The assessment is weighted 100% towards the final module mark. The students are required to read the facts and decision in Donoghue v Stevenson [1932] AC 562 in full and then answer the questions below. The word limit is 4000 words. The aim of this assignment is an opportunity for students to demonstrate their understanding and legal skills in undertaking legal research, undertaking analysis of legal texts, reasoning skills, presenting research, and very importantly the ability to reference appropriately using the OSCOLA method.

LLM International Business Law Advanced Legal Skills Assessment

   Added on 2019-09-21

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1LLM International Business LawLAWS 7100 Advanced Legal SkillsEnd of module assessment: Case analysis
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Instructions:a)Thisassessmentisweighted100%towardsyourfinalmodulemark.Pleasesubmit your work on or before the deadline stipulated on the assessmentforum.b)PleasereadthefactsanddecisioninDonoghuevStevenson[1932]AC562infull.c)You are then required to answer all the questions numbered 1-9. The word limit is 4000words.Pleasenotethatthereisamaximum10%leveragetoexceedtheword count. However, any words over this threshold will result in a penalty or in the exceedingwordagenotbeingmarkedbythemoderators.d)The aim of this assignment is an opportunity for you to demonstrate your understandingandlegalskillsinundertakinglegalresearch,undertakinganalysisof legal texts, reasoning skills, presenting research, and very importantly the ability to referenceappropriatelyusingtheOSCOLAmethod.e)Youarerequiredtodemonstratethefollowinglearningandskills:Demonstrateacriticalandcomprehensiveunderstandingofthetechniques and methods applicable to postgraduate legal research and legal methodologyCriticallyevaluateanddemonstratetheabilitytoconceive,design,implement andadaptasubstantialpieceofresearchwithscholarlyintegrityDemonstratecritical,reflectiveandadvancedintellectualengagementwith difficult issues inlawAnalyticallyintegrateknowledge,handlecomplexityandformulate judgmentswithincompleteorlimitedinformationCritically appraise and communicate your conclusions and the knowledge andrationaleunderpinningthese,tospecialistandnon-specialistaudiences clearly andunambiguouslyf)Youwillbeassessedbasedonthefollowingcriteria:The table below provides guidance on the criteria that will be applied by tutors whenmarking assessments. There are 5 broad categories – Knowledge & Understanding,Structure, Argument & Analysis, Research and Presentation. Within those categories,thelefthandcolumnprovidesexamplesofthestrengthsthatwillgainagoodmarkand the right hand column provides examples of the weaknesses that will not! Pleasenote that these are indicative and are not intended as a comprehensive list of everyfeature that could be in a coursework submission. Please note also that the mark youare awarded reflects the tutor’s overall impression of the coursework submission,based on these criteria. In other words, while you may receive a high mark there willalmost certainly still be areas of weakness. Equally, you may receive a low mark butthere could still be strengths in your work. You should take note of the feedback, buildon yourstrengthsandlearnfromandminimizeyour weaknesses.StrengthsWeaknessesKnowledge & Understanding - thorough knowledge of relevant law; issues are clearly identified; relevant law is accurately applied to the facts (problem questions); relevant policy issues areaccurately linked to legal issues (essay questions).Knowledge & Understanding - little knowledge of relevant law; issues are not clearly identified; relevant law is not accurately applied to the facts (problem questions); relevant policy issues are not accurately linked to legal issues (essay questions).
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Structure-logicalprogressionofargument;appropriate use of paragraphs and sub-headings; conclusion relates to main body of answer.Structure - lacks logical progression of argument;inappropriate use of paragraphs and sub-headings; conclusion unrelated to main body of answer.Argument & Analysis - coherent argumentsupported by relevant evidence; shows clarity ofthought; effective and appropriate use of legalauthorities or other academic sources to supportargument.Argument & Analysis - rambling or incoherentargument unsupported by relevant evidence; lacksclarity of thought; ineffective or inappropriate use oflegalauthoritiesorotheracademicsourcestosupport argument.Research - effective use of primary sources (cases,statutes, official reports); use of academic journalarticles; evidence of wider reading and independentresearch (printed and online material).Research - mainly textbook material; little use ofprimarysources(cases,statutes,officialreports);little use of academic journal articles; little evidenceof wider reading or independent research (printedandonline material).Presentation - clarity of expression; good use oflanguage,grammar,spelling;sourcesacknowledged, accurate and appropriatereferencing; well presented bibliographyPresentation - lacks clarity of expression; poor use of language, grammar, spelling; sources unacknowledged, inaccurate or inappropriate referencing; poorly presented bibliography or no bibliography.
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LLM International Business LawAdvanced Legal Skills AssessmentInstructions:a)This assessment is weighted 100% towards your final module mark. Pleasesubmit your work on or before the deadline provided on the assessment forum.b)Please read the facts and decision in Donoghue v Stevenson [1932] AC 562 infull and then answer the questions below. Please remember to check all presentation requirements and include abibliography.Questions:1.What were the material facts of thecase?2.What were the legal issuesinvolved?3.What was the decision of thecourt?4.What were the main differences in reasoning between the majority judgment(s) and the dissenting judgment(s)? Critically assess the extent to which Aitkin’s judgement accurately reflects the opinion of the majority judges.5.What is the ‘neighbour principle’? Explain the term ‘neighbour’ and discusswhere the term might be derivedfrom6.Critically analyse the development of this principle both in the UK and inotherjurisdictions.7.Read this article regarding the Oil Industry in Nigeria:http://www.theguardian.com/world/2010/may/30/oil-spills-nigeria-niger-delta-shell. Explain how the principles of law from Donoghue v Stevenson might be relevant to this environmental problem and assesstheir effectiveness in regulation the conduct of oilcompanies.
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