On investigation through the body of UK and EU case law, I noted that the House of Lords decision was based on the following three factors: (i) That Lord Denning in the 1980 case of MacCarthy’s v Smith had set the precedent that because of the UK’s voluntary acceptance of Treaty law, EU law was supreme in certain limited areas, and that only express repudiation of the Treaty was likely to redress the balance back in favour of UK supremacy; I argued for fairness and justice and the common good, before I even knew I was doing it. This is such an important exercise that it deserves emphasising: There is no real difference in approach between a problem or an essay style question. In any case, these are never absolute rules, but simply developed principles. <<46f48add3066a4479c7aa63b5221bf2b>]>>
The truth is, if you find it hard to do either of these things, then you really have missed the point of the exercise. Go through your chronology, and write about each event in the chronology, this time about what you thought, felt, believed, approved or disapproved when each event happened. endstream
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The Doctrine of Implied Repeal guarantees parliamentary supremacy by ensuring that the judiciary interpret later Acts which conflict with an earlier Act on similar subject matter, as prevailing over the earlier ones. As we have seen so far in previous parts, there are no right answers, just wrong ones, yet students tend to be more concerned about what law to put into their coursework than actually constructing an argument. My conclusion was simply to tie together all of the threads and explain how the supporting authority for my argument was stronger than the support for the counterargument. These are both questions you would expect to find at either first or second year level, and are on the subject matter of the constitutional doctrine of parliamentary supremacy. When using ISAC, many students ask whether all of the ‘I’s should be banded together at the start of the essay, then the ‘S’s, then ‘A’s then ‘C’s? It can be a short-short story, a short story or a long story. Your argument must be ‘coherent’, in that it must be clear what you are trying to say. Yes, you can put in the wrong content, and get a bad grade, but there is no such thing as the correct content. What a brilliant decision I had made! On the Parliamentary Supremacy point, you need to explain how the court gave effect to the earlier rather than the subsequent Act by explain the doctrines of Parliamentary Supremacy, Implied and Express Repeal, and their basis. Should you also explain all of the other aspects of trust law in your 2000 word essay to demonstrate how thorough you are? For example, in contract law, the client might be a party to the dispute, but in constitutional law, the client may be slightly more far-fetched, in that it might be the incoming ruler of a country looking to write a new constitution, who is concerned about ensuring that good principles are adhered to. Go through the list of your attitudes, thoughts and feelings, and list any ways in which your attitudes, thoughts or feelings have changed since the experience happened. St Albans County Council demand that the French stallholders should pay extra to clear the rubbish on Wednesdays, since they do not pay council tax. Do not write judgments about the experience or what you think you learned. If the conflicting authority is strong, then pick holes in it by going through the reasoning and exposing inconsistencies and weaknesses. n�z^{�����q�%����O�_��xS��l�V���������ȶ���w����OO0����j�4�o�:�Sn\���;[��)�\���OfnQ��T�Gm�5�p�E��҈+��t�;T���S��� �eUA+��l��e�pԥ� I wrote my coursework with zeal. ~�����;�SAoQ�ǘ;S�t������nŷ4;!Mx8m��F�;��aǶ,�k��W�6��w�/�t�-|�ƇG
To what extent, if any, has the United Kingdom’s traditional parliamentary supremacy doctrine been affected by its membership of the European Union? But this is not really helpful to a first class student. 0000004995 00000 n
I think there is some sort of process where the mind blocks too much information on the first pass for fear of overload, and only becomes malleable enough to process deeper information once it has become comfortable at a shallow level. 2) Read the documents. This is so ridiculous that this whole part needs to be devoted to this problem. This brings me to the use of inappropriate source material. The first thing you must do is work out who your hypothetical client is. (iii) That S.2(4) ECA 1972 must be preferred over the 1988 Act, since there was no express provision in the later Act denying the application of EU law in this matter. By researching your argument in this way, you will be using law to support you answer instead of to construct it. As a student of philosophy, you are supposed to clearly comprehend the question and give an answer to that which is backed by logical arguments. In fact, if you follow my advice, it will impossible not to apply and critically analyse the law. Examples of a problem and a discussion-style question. This is not to say that it would have easily justified a departure from the EU via a 1988 parliamentary express repeal of the 1972 Act, but this did not happen, not even after the 1991 House of Lords decision. On footnotes: Do not use a footnote for every single sentence in your work. This is an important point, because it will ensure that we research the law properly instead of ‘cherry-picking’ legal principles to support our answer, while wilfully ignoring the relevant case-damaging authorities which don’t support our argument. endstream
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Concision is a good skill to acquire – it demonstrates efficiency. ���-j�1p�g�r�IS-�;��t���,�I��|k*$��ƕP�N��{��[�|XĪ�h�pZߒ�8�,b~��])d�BN\e!��+r�w&'NRk.�n�UI������*�����u_G[�iUǷ��������4f�ԀjFw٢�~b#I�))B�Q��Ȫ�3I�o���K/�OpGŗ���+��c'��:/���������Xsz���n�{�����Ӥ�D�| lmg&\k�XM��Ui)�����}���x�ζ�,̦���lt� �'쎥:'��r�WN�X���,c��/ e�;{=n8b)���q)� It is no good simply listing legal principles and asking the reader to derive whatever story he wishes from the content. 3) Write a thesis statement that answers the your question. If not, then you will be left with the dreaded ‘non-sequitur’ – a point you are making that your marker says does not follow. You have now completed your preparatory notes. How did they become part of the UK constitution? I would say, yes. Law is as much about following procedure as it is about the substantive issues, for without the balance between procedure and substance, principles of justice, fairness and the common good cannot be applied properly. It is clear, accessible and logical. Yes, we are in a political climate today in which a significant number of the populace consider the UK’s membership of the EU as less beneficial than it did in the 1990’s, but that is after a period in which immigration issues have flooded the news and the Eurozone has suffered a lengthy financial recession. Avoid slang and … At the end of each market day, the town centre is covered in rubbish from the stallholders. Procedure is important, because it allows everyone equal access to the law, in the interests of justice, fairness and the common good. Use academic and legal sources as a mosaic of supporting authority. If the side of the argument you have picked is not as strong as the other side, then maybe you picked the wrong side. You will note that this blog uses one or two Latin phrases, but this is only because the modern equivalents are weaker versions of the original. It won’t be the EU government, because, it is likely to side with Pierre and Yves, and so they will be used neither as protagonist or antagonist, but as a side character. Can they be easily ignored? We have word limits to ensure that everyone is treated equally, and we insist on the uniform use and style (in law, usually Oxford, but in some cases, the Harvard system) of footnotes and bibliography to ensure consistency in approach. Writing a coursework is a challenging task, but spending some time and making a great effort will help you shine in front of your tutors and fellow peers. This will be spotted by any vigilant marker and will count heavily against you. No, research is finding support for your argument. Writing an autobiography or a personal statement is challenging, so you need to plan it all ahead, make an outline, and write a solid piece. ‘Mens rea’ is still used to denote the requisite mental element of a crime, but this is because the meaning of mens rea does not translate perfectly well into the words ‘intention’ or ‘the more clunky ‘mental element’. Imagine that you are reading the coursework out as a story to a live audience. It is as if some magic happened to my brain while I was away and made it more objective and somehow…cleverer. Order Now. This is not true for the client, even if it is true for society who are waiting for the Court of Appeal or Supreme Court to rule. And this will be a major failure. Making a compelling argument is about having the facts to back it up. It is so easily avoided. It denotes a test which varies from crime to crime, and so it makes sense to retain its usage in the modern day. Use all of your word limit, but not a word over. ��+�RI$�Ip� W:7־�W_돿&Σ7QCo��cRO��k��d�����_L����ߓgQ�����ʱ�'�ֵ�v�q2I\?�����U����ɳ���P��eXԓ�kZ�;`��$������n���K�� �����n���K�� �����n���K�� ��_���R� ��� �M� �t����� -� ��� ���w�K�"[� U7� ��� ����D���o� ��� -��/��o�T�� 7K�[��_������n���T��%��S��/�n���K�� ��_���R� ��� �M� �u�����n���K�� �����n���K�� �����n���K�� ��_���R� ��� �M� �t����� -� ��� ���w�K�"[� U7� ��� ����D���o� ��� -��/��o�T�� 7K�[��_������n���T��%��S��/�n���K�� ��_���R� ��� �M� �u�����n���K�� �����n���K�� �����n���K�� ��_���R� ��� �M� �t����� -� ��� ���w�K�"[� U7� ��� ����D���o� ��� -��/��o�T�� 7K�[��_������n���T��%��S��/�n���K�� ��_���R� ��� �M� �u�����n���K�� �����n���K�� �����n���K�� ��_���R� ��� �M� �t����� -� ��� ���w�K�"[� U7� ��?����n�� �"G�]�R#�-���$H� k��D%�|2�� ��?U,���g�ddY�_O�.ź�n��xt5��Ůc�'R"T~�Y���:�@�ȳ2���]�u��a���k�ˋ\� N�D��T�;�u����fe}?л�ݺ�M���;��� �H�_����+�RI$�I$�_����+�RI$�I$�_����+�RI$�I$�_����+�RI$�I$�_����+�RI$�I$�_����+�RI$�I$�_����+�RI$�I$�_����+�RI$�I$�_����+�RI$�I$�_����+�RI$�I$�_����+�RI$�I$�_����+�RI%�k��A}\� ����k��A}\� ����k��A}\� ���Ѯ�tk����+�RI%Lu��zú@�����V�\Z1�"g�Sc���.�u��(յ���LG ���T�X�Ǭ;��]n0�5mw�Eš��"&|�s�z~NnS�L�? The customer ordering the services is not in any way authorized to reproduce or copy both a completed paper (essay, term paper, research paper coursework, dissertation, others) or specific parts of it without proper referencing. You must derive your own answer from anywhere you can. Posted by drdanielberger in Uncategorized. This does not come across well, even if you think you are being impressive – which you are almost certainly not. }AJ������j ~��20d ��� ��70J0400�F��������`� *j` J�(0� �T�T�a*T+�0Cx . Some tutors will say that you should use some sort of plan like ‘ISAC’ to help you structure your answer. Change ), You are commenting using your Google account. Whatever you do, never make lists in any essay. `b깸VQ����8V�[�����* e /o{{
(I recommend keeping your story idea pitch to 300 characters or less. Can the advice within be easily discerned? H���ێ�6����0��b��$ɺ*6�lۋ��hn����[T%�߾ÃNF�A Not argument, structure, application, critical analysis, presentation, tight deadlines, or how to use the footnoting tool, but ‘legal content’. Exams are an obligatory part of studying in college. I know it sounds strange to say that you should avoid writing mundanely in a legal essay, but every first class piece of coursework is in its own way interesting, thought-provoking and even a … Of course, this process takes time. Yes, the common good may be best demonstrated by legislation, but this is only a popular piece of law. 0000000016 00000 n
This has stood me in great stead until this day. Therefore, think of the different types of sources as all part of the organic common law system that they are – not as competing with each other for ascendancy just because they are of a certain type, but more because they are attempting to be morally the most legitimate. The experience might be reading a book, learning a skill, breaking up, taking a journey, attending a funeral or anything else that you feel taught you something about yourself. x�b```�0f�@!b`a`b��
7@|&�|Á�EʀU��pާuJ?X���/�4 ��28&p�0Mb�~�,��cX�����/�{�B/��2�k�+ȘYj9���O� c�. The town of St Albans has a market in its centre, running six days a week. (ii) That the European Court of Justice was likely to find in favour of the individual against the UK, and that the UK, through S.3 ECA 1972, had accepted ECJ jurisprudence as binding on UK courts; and Many students still cite sixth form law websites, blogs and law teaching forums, despite assurances that these are inappropriate and will detract from the work. It tells about the big idea or theme of a book you’ve read. Students spend less time writing coursework than on making a term paper, but this type of work requires more time and efforts than an ordinary essay - it is made of several essays. A reflection paper is one of the few pieces of academic writing in which you can get away with using the first person pronoun “I.” That said, you should still relate your subjective feelings and opinions using specific evidence to explain them. Give your final thought on the matter while leaving the readers with a challenge.
a !1AQa"q�2���B#$Rb34�r�C%�S��cs5��&D�TdE£t6�U�e���u��F'���������������Vfv��������7GWgw��������(8HXhx�������� )9IYiy�������� Having investigated what the factors are that give rise to the controversy, and have a vague idea what the parameters of the debate are, you will now have to structure your argument in the most effective way to be able to convey your argument properly inside the tight parameters of the coursework template. The balance struck between protecting individual rights and the rights of society as a whole, must demonstrated by ensuring that any advice given addresses the concerns of not only the hypothetical client, but the affect that a finding in their favour might have on the wider landscape. Not even for a moment have we yet considered the legal content of the essay. Your future clients will expect to get the most for their money when they instruct you, by way of written opinions, correspondence, litigation and courtroom advocacy, and so the time to learn how to not to be wasteful is right now. 0000000955 00000 n
When searching for source material, you must take care not to only note the authority which supports your argument and ignore the conflicting authority. assigned a question, think about what you want to know from the sources before reading. As we can see from these two questions, the main difference between them is that the problem question is longer and seems prescriptive, in that there is a specific problem which needs addressing. The statute will need to be balanced against principles of justice and fairness. Do you sound like you are reading out your own work or someone else’s? I explained early on in the essay that this imbalance would have the effect of not creating not only injustice and unfairness to the bank’s poorest customers, but that the common good would be compromised by the ruling, as UK small businesses would fail and the banks would lose trust among the international financial community. ( Log Out / Having a lengthy but poorly integrated list of source material will only detract from your work. �{��h(-lJQ�ѣR�-/R�6�#mJ�����F�?S�Q�8 Even a Masters dissertation of 25,000 or a PhD thesis of 80,000 words will adopt the same approach of an initial central research hypothesis followed by a conclusion which either supports (not proves) it, or disproves it. You should be using them to show support for assertions, but not to simply demonstrate that you are using them. We, as lawyers, must represent our client as well as he would have represented himself if he had the same opportunity and access to knowledge that we have had. This is often an essential requirement for being awarded a degree and counts towards successful completion of the course. You should be excited about the topic you are writing about. Plan carefully, make a thorough research and you will be able to write a successful coursework. The House of Lords found for the banks. I remember once an experienced and successful barrister telling me that he changed the central argument in a case he was instructed on, after having read a newspaper article concerning some vaguely relevant material and having an epiphany, on the tube on his journey into Chambers one day. Note the language of the law. Sometimes, an assigned paper will ask you to study a particular article or chapter from the course reading list. I know it sounds strange to say that you should avoid writing mundanely in a legal essay, but every first class piece of coursework is in its own way interesting, thought-provoking and even a little bit exciting. 0000001017 00000 n
Most importantly, the central argument point must be identified. �{��!R�㛕N�0Xйi�r�m���t����a��1�g��D�:Uҏ�jz��p�h��C3WE�-Tڢc�E�h��m�$�H�0/ ( Log Out / I read the key judgements, I took the side of the customer. Are they following your argument without too much trouble? You must consider what the question is asking before you embark on any heavy research. Academic writing is characterized by evidence-based arguments, precise word choice, logical organization, and an impersonal tone. �с B�ɭo����.�4����-��)�6O# �)�gO�w߅�'̴Ù�$]���#��a�y�
Hm��Vi��Z��x���v!��EJ���զ]��"�hS��4��˔� �H�sEG�>����n�|*Q�J8�-����Q�J.k�����,d��ڼ'SDT^��B��)E�+ Some students explain, for example, that the formation of secret trusts require: (i) Intention; (ii) Communication; (iii) Acceptance; and (iv) Reliance. Given that think pieces are short, they must be tight. Look at other chapters discussing somewhat similar issues and this will likely net you great results. I have devoted a whole part to this already, so I won’t replicate it here. However, writing a coursework can enhance your overall grade, so making an effort to create a great piece of writing is needed if you want to prove that you studied well. You get a chance to present how good is your knowledge of the subject and how well you learned to do research experiment and write. That excitement will carry over in your tone and make your writing sound better overall. H�mV�r�6���>�Y�����v�6��LڨәN_ a�R����@RJe� �>�П=�����Zݰ
�b��̗'x��9�h�d��@B/{e���J�qa!园Gb��]�G��n=O܊%�*5g܅�u���>>ܮ�'�K,-ϳ�*�x��?vko�!I2χr�KrB�ќ��,��� What is the story he is trying to tell? Marks for ‘invention’ is about as good as it gets in legal essays. If the outlet accepts them (again, this one does not), write a concise story pitch that shows you can write well in few words. There is a natural peak when good editing becomes over-thinking and therefore over-editing. So with these issues in mind, the answer is to examine the judgement in Factortame, investigate the key reasons for the decision, and then comment on whether the decision struck the correct balance. As I have mentioned in my earlier part on ‘Mastering Critical Analysis’, a good rule of thumb is to ask yourself what your hypothetical client would pay for the advice written in your essay. What is a coursework and why to write a coursework. Search your memory for an experience that taught you something about yourself. If you say you prefer a problem question, you are really saying that you find it hard to critically analyse. There is only support for your own argument, and this will be completely unique to you. At the same time it cannot be too objective, or the balance between justice, fairness and the common good will not be properly struck – for without flexibility in each case, principles will harden, ossify and die, because they have stopped leading and serving society in the way that they were intended. Every word counts. I had a conclusion which was not as detached and technical as it could have been. A first class student is not bothered about such banalities as making sure they haven’t forgotten an element of the essay. These two conflicting principles came to a head in the 1991 case of Factortame No.2, which saw the House of Lords dis-apply a 1988 piece of UK legislation in favour of the 1972 Act. Conversely, the discussion-style question is short and seems much more open, in that the student has more freedom to explore wider issues than those raised by the clients. Haver you conveyed it properly? Anyone can write a 500-word piece on their opinion of a topic. To improve the quality of your paper, you should write coherently. Copyright 2020 Leaf Group Ltd. / Leaf Group Education, Explore state by state cost analysis of US colleges in an interactive article, Essay Writing Help: Writing a Reflective Essay, Lynchburg College: Five Steps for Writing Effective Reflection Papers, Kentucky Department of Education: Reflective Writing Handbook, Colorado State University: Reflective Writing and the Revision Process. This ensures that you are constantly reviewing your work, taking out the extraneous parts and leaving the key essence. Over-editing happens when you lose your natural voice in favour of trying to sound too clever, which manifests in your writing as trying to convey as much information as possible in the smallest space possible, leading to a lack of background flavour to the piece. ‘Apply’ (the applicable legal principle(s) to the legal issue(s)); This would be fine, and gives students some sort of safe frame to work within and ensures simple mistakes are not made. 0000003318 00000 n
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��F��X�IȆ_T�.��id�7�oȡ9�\D����)�� How to Get a First Class (Hons) Law Degree: Parts 1-10: CLICK HERE, How to Get a First Class (Hons) Law Degree, Part 10: How to become the next national mooting champion, Part 9: The importance of extra and co-curricular activities, Part 8: How to deal with receiving an occasional bad grade, Part 4: What you should be doing in lectures and seminars/workshops, Part 1: A step-by-step guide to academic success. If you believe there are none, then you have not looked hard enough – remember there are no right answers. ���� Adobe d� �� C
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( Log Out / Even the structure of the two answers will be similar, with only a few extra elements of application needed for the problem question to demonstrate to the marker that the student is aware that there is an actual client paying him for advice, and so common courtesy would dictate that their names would need the occasional mention. Oh, and good advice does not always mean telling the client that his chances of winning are excellent. Otherwise there is simply chaos. After all, if you are bored by your piece, can you imagine how your marker feels? Their papers were proficient and properly written. How to Write a … To explain the ECJ decisions point, you need to explain how EU supremacy was developed in the ECJ jurisprudence and then accepted by the UK under S.3 ECA 1972. Sentences are short and punchy. Don’t yet think of style, neatness or anything else. I would go so far to say that there is a potential imbalance in every area of law, as there are no right answers. One of the key controversies is role of the judiciary in the conflict between UK and EU supremacy. If even a single point fails for the client of the original dispute, which is being appealed on a point(s) of law, his case will fail. �I�R7�� � Ă�xSb� If you are given a specific question to consider, be sure to read it carefully. Discount code 7DISCOUNT Of course it is. Of course, the purpose of an indemnity clause is for one party to insure the other party for losses they caused. Obviously I was angry. This should fill you with a sense of freedom, rather than dread, but rest assured that simply ‘writing everything you know’ about the conflict between UK and EU supremacy, without constructing an argument which addresses the deeper issues of the balance between justice, fairness and the common good, will not get you a first class answer. … Exams are an obligatory part of studying in college. In my first coursework about unfair unauthorised overdraft charges, I argued in my introduction that a recent court’s ruling on the issue had neglected to consider that the poorest echelons of society were paying a much higher proportion of the bank’s profits than the people that the banks benefit the most – the rich, and that regardless of the legal principles applied in the case, the courts had not considered other available principles to redress this obvious wrong. That way, no matter which part you start drafting, you have an idea of the whole. Write the piece like a story. Mine was full of pent-up rage and indignation. If that was the case, then your argument would not be unique, but would be either a poor copy of someone else’s argument, or a compendium of poor copies of a variety of other people’s arguments. I have simply added this sub-section to explain how the critical analysis element fits into the rest of these elements: As I have already explained, critical analysis is making a personal contribution by subjectively constructing an argument, and then using law to support your argument. Language has been developed over centuries for efficiency, not to foster elitism, so it is vital for you to write efficiently to save time and space wherever possible. You must use statutes, case law and academic authority to support your answer, but the argument itself is yours and there is no right answer. You can see when something is part of a list, because the first words of the offending passage start something like: ‘…and another critic of the natural law theory was John Austin who said…’ This is not weaving an argument, it is listing authorities. Begin with a paragraph or two that orients the reader and lets her know who and where you are and what this story is about. 0000002255 00000 n
Change ), You are commenting using your Twitter account. Students are often given mandatory writing assignments that require reflection. It can be a short-short story, a short story or a long story. Mine was a bit…different. Reflective writing is an examination of experience and, in many cases, an examination of personal experience. On the issue of word limits: Word limits are usually set quite tightly to the subject matter to ensure that the submitted work is concise, to the point and relevant. If there was not a serious imbalance, the coursework question would not have been set in the first place. As a general guide, I write two to three times more than I need, and then spend the rest of the time editing and honing the content until I have a finished article. Very good. ‘Sorry, but we are going to have to charge you £100 plus £10 for this letter…’. The hardest part might be figuring out what to write about. Question is asking before you embark on any heavy research this is a. 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