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Homework answers / question archive / LAW4000-20 The English Legal System with Legal Method Summative Assessment 1: Legal method analytical essay (First Attempt) Assessment type: Legal method analytical essay (coursework) Word limit: 2,000 words! For OSCOLA guidance: Referencing convention: https://www

LAW4000-20 The English Legal System with Legal Method Summative Assessment 1: Legal method analytical essay (First Attempt) Assessment type: Legal method analytical essay (coursework) Word limit: 2,000 words! For OSCOLA guidance: Referencing convention: https://www

Law

LAW4000-20 The English Legal System with Legal Method

Summative Assessment 1: Legal method analytical essay (First Attempt)

Assessment type: Legal method analytical essay

(coursework)

Word limit: 2,000 words!

For OSCOLA guidance:

Referencing convention: https://www.bathspa.ac.uk/library/subject-

resources-a-¢/law/

Online only; via the relevant Turnitin UK

Submit via: portal under the ‘Assessment’ folder in

Minerva

Proportion of overall module mark: 50%

Introduction and Rationale

This is an essay type question that requires students to consider the judicial approaches to legal reasoning in an appellate decision concerning the crime of murder. Students must independently find, read, and analyse the decision using the citation provided.

The assignment requires students to demonstrate an ability to analyse legal cases and to

communicate the judicial approach with clarity so that an understanding is shown of the legal

principles set out the case to be analysed.

The assignment relates to the following Jntended Learning Outcomes for the module:

1. Understanding of the core components of the legal system of England & Wales;

2. Ability in finding law and evaluating approaches to its interpretation;

3. Accurate, reliable, and structured communication of arguments related to the law.

Brief

Produce an essay (2000 words maximum) on the following questions:

Read the judgment of Viscount Sankey LC (from page 469) in Keaknivean v DPP

[1935] AC 462 and answer the following questions:

1. Give a brief outline of the facts of the case.

' Please note that the upper word limit is an absolute maximum: there is no 10% + allowance. You are required to state your word count at the end of your submission (before the bibliography}. Word counts include everything excluding your footnotes, bibliography and cover page. Footnotes must only be used for citation purposes.

2. On what legal basis did the jury in the second trial convict Reginald Weghningtan of the

murder of Violet Woeaknipgtan?

 

3. Why did the Court of Criminal Appeal dismiss Woglonington;s appeal and how did the case

become before the House of Lords?

 

4. When overruling the Court of Criminal Appeal how was Viscount Sankey able to avoid the

principle of stare decisis (which meant that at that time the House of Lords was bound by its

earlier decisions on the same subject matter)?

 

5. What is the ratio decidendi in Viscount Sankey’s judgment and what are exceptions to that

ratio? Then apply that ratio to the facts.

 

You should use the OSCOLA referencing system (4" edition):

https:www_law.ox.ac.uk‘sites‘files‘oxlaw’oscola_4th_edn_hart_2012.pdf

Guidance

Students will receive guidance and feedback on essay writing during their studies.

Students will also be provided with a scanned chapter on writing legal essays: James Holland

and Julian Webb, 'From Reading to Writing’ Learning Legal Rules (10th ed, OUP 2019).

Additional guidance will be available from the lecturers in seminar sessions.

Assessment Criteria

The assessment criteria in appendix A will be applied and each element will have equal

weighting.

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