LLM International Business Law.
Added on - 21 Sep 2019
1LLM International Business LawLAWS 7100 Advanced Legal SkillsEnd of module assessment: Case analysis
Instructions:a)Thisassessmentisweighted100%towardsyourfinalmodulemark.Pleasesubmit your work on or before the deadline stipulated on the assessmentforum.b)PleasereadthefactsanddecisioninDonoghuevStevensonAC562infull.c)You are then required to answer all the questions numbered 1-9. The wordlimit is 4000words.Pleasenotethatthereisamaximum10%leveragetoexceedthewordcount. However,anywords over this threshold will result in apenalty or in the exceedingwordagenotbeingmarkedbythemoderators.d)The aim of this assignment is an opportunity foryouto demonstrateyourunderstandingandlegalskillsinundertakinglegalresearch,undertakinganalysisof legal texts, reasoning skills, presenting research, and very importantly the abilityto referenceappropriatelyusingtheOSCOLAmethod.e)Youarerequiredtodemonstratethefollowinglearningandskills:Demonstrateacriticalandcomprehensiveunderstandingofthetechniques and methods applicable to postgraduate legal research andlegal methodologyCriticallyevaluateanddemonstratetheabilitytoconceive,design,implement andadaptasubstantialpieceofresearchwithscholarlyintegrityDemonstratecritical,reflectiveandadvancedintellectualengagementwith difficult issues inlawAnalyticallyintegrateknowledge,handlecomplexityandformulate judgmentswithincompleteorlimitedinformationCritically appraise and communicate your conclusions and the knowledgeandrationaleunderpinningthese,tospecialistandnon-specialistaudiences clearly andunambiguouslyf)Youwillbeassessedbasedonthefollowingcriteria:The table below provides guidance on the criteria that will be appliedbytutors 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 markyouare awarded reflects the tutor’s overall impression of the coursework submission,based on these criteria. In other words, whileyoumayreceive a high mark there willalmost certainly still be areas of weakness. Equally,youmayreceive a low mark butthere could still be strengths in your work. You should take note ofthefeedback, buildon yourstrengthsandlearnfromandminimizeyour weaknesses.StrengthsWeaknessesKnowledge & Understanding- thoroughknowledge of relevant law; issues are clearlyidentified; relevant law is accurately applied to thefacts (problem questions); relevant policy issues areaccurately linked to legal issues (essay questions).Knowledge & Understanding- little knowledge ofrelevant law; issues are not clearly identified;relevant law is not accurately applied to the facts(problem questions); relevant policy issues are notaccurately linked to legal issues (essay questions).
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 unsupportedbyrelevant 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 useof language, grammar, spelling; sourcesunacknowledged, inaccurate or inappropriatereferencing; poorly presented bibliography or nobibliography.
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 assessmentforum.b)Please read the facts and decision inDonoghue v Stevenson AC 562 infull and then answer the questions below. Please remember to check allpresentation 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 majorityjudgment(s) and the dissenting judgment(s)?Critically assess theextent to which Aitkin’s judgement accurately reflects the opinion of themajority 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 fromDonoghue vStevensonmight be relevant to this environmental problem and assesstheir effectiveness in regulation the conduct of oilcompanies.