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– Number of words: 720 – 750 words (no more than 750) – Needed on 21 Nov 2015 – Academic style is an obligation (passive form, academic vocabularies) – At least 3 arguments. A research or statistic for each, APA citation. – Coherence and cohesion. – Resource for ideas, not for citation: Click here to Order this paper at 100% Original Content Uncategorized Case note November 14, 2015 Published by: admin Click here to Order this paper at 100% Original Content In the files there is everything you need to know about how to write this case note. You need to read the case and then do a case note about Obligations. Assessed Written Work Module Title: Introduction to Obligations Module Code: LW315 Length: not more than 1200 words (excluding bibliography). Exceeding the word count will result in a word count penalty being applied, please see the word count policy for further detailsi. Work should be formatted in accordance with the Law School’s Style Guidei Submission Deadline: 14:00 hours on 16/11/2015 THIS DEADLINE IS STRICT (Concessions Policyi) Submission Requirements: Your assessment must be submitted electronically via turnitin. It is required that all assignments must be submitted on-line on the KLS Undergraduate Essay Submission Sheet. Kent Law School Style Guide and Information about Plagiarism Please ensure you read and take note of the Style Guidei available on the Kent Law School web pages. This contains information about Style including Citation and Presentation and guidance on Plagiarism and how to avoid it. OSCOLA The Law School preferred method of referencing and citation is OSCOLA. The quick reference guide can be found here and the full guide here Title: A Case Note on Walker v Commissioner of Police of the Metropolis [2015] 1 W.L.R. 312 Learning Outcomes: Your note should explain the facts and decision of the case, its relevance to the area of law it falls within and its legal significance. You should bear in mind what a case note is and what it is for, and you may draw upon any of the material you have already encountered in this module, as well as additional research. Your note need not address the question of the validity of the “public order” arrest within s.28(3) PACE. Word limit = 1200 words (this includes quotes and footnotes, but not the title or bibliography. Please note the KLS Word Count Policy, available on the Law Student Guide on Moodle. Your case note should be divided as follows: • 500 words (max) outlining the facts of the case, the arguments, the decision and the reasoning for that decision. • 700 words (max) on discussion and analysis of the case. You will be expected to find the case yourself. Other guidance documents, along with other documents relevant to the assessment (including a guidance document on case note writing and examples of work from previous years) can be found on Moodle. Case notes demonstrate a particular skill. Writing one is different from writing an essay or an answer to a legal problem. Examples of published case notes have been provided in the required and further reading for this module – you should look at these (and others, which you can find via various electronic databases) to get an indication of the type of writing style you should adopt when writing a case note. The relevant learning outcomes tested: Demonstrate: 1. a knowledge of (some of) the main types of legal obligation 2. an understanding of the distinctive nature of case law and of Common Law in particular 3. an ability to use case law to predict the likely outcome of problem situations in at least one area … of tort. Ability to: a. find a named case b. read a case, distinguishing the components such as the headnote, the facts and the judgments; to identify, where possible, the ratio decidendi, while recognising the differences between different judgments c. make notes on cases, including judging their weight, providing some critical comments, and developing an indexing system for such notes. d. research a simple legal issue to find the relevant rules and principles, to identify relevant cases, to distinguish areas of comparative certainty from the leeways for argument and to provide a written legal opinion based on the above research e. use cases, including using judicial quotation, in making an argument f. use library and web resources, including journal articles, to research an issue g. distinguish soundly-based knowledge and evidenced claims from unfounded assertions h. intelligently distinguish issues about which it is legitimate to argue and on which different views may be held; and to identify flaws, weaknesses and strengths in an argument. Assessment Criteria: Please see the Assessment Criteria Guidei Marks will be awarded for work which demonstrates your ability to: • clearly and concisely explain what happened in the case, including the legal principles (and precedents) involved (especially ‘hinge’ or pivotal legal issues), the arguments that were put forward and the judicial reasoning resulting in the decision; • demonstrate a good understanding of the concepts and the materials studied during this term (up to and including lecture & case class in week 7) through the appropriate use of examples and references (using examples from the materials you have studied); • read and draw informed conclusions from other academic sources (applying what you have learned to new material); • identify and prioritise key themes from a range of materials (selecting relevant material); • produce good academic writing, i.e. clear grammatical writing which is appropriately referenced (well written and not plagiarised). Specific assessment criteria for this exercise: University guidance is that specific criteria should only be added if they will help focus students for the particular exercise. This case note requires the student to focus on those matters within the case that relate specifically to the Law of Obligations. A sensible way to break down your Case Note – which should also include the neutral citation somewhere in your answer – is along the following lines: 1. In your own words, state the facts of the case and highlight the facts which you consider were particularly relevant to the legal issue(s) in question on appeal. 2. What had the first instance court decided? 3. Which party brought the appeal? 4. What was/were the legal issue(s) for determination on appeal? 5. State the outcome(s) of the appeal. Was the previous decision affirmed or reversed and was the appellate court’s decision unanimous? 6. For each judge, summarise the reasons for reaching their respective decisions. 7. In light of question 6, what do you understand the ratio of this case to be? Are there any potentially interesting/useful obiter comments? 8. Giving reasons, and specific reference to the judges’ judgments, explain whether you agree with the outcome of the case. A greater proportion of marks will be awarded in relation to questions 6-8. Percentage of module mark: The percentage of the final module mark derived from this assessed work 30 % Return of coursework The due date for the return of essays is 5 pm 14th December 2015 Law School policy is to return marked coursework, with feedback within 4 weeks: all marks are provisional, subject to revision by the External Examiner in end of year results. However, it may be necessary to delay the return of coursework in particular circumstances, in which case the module convenor will provide an explanation and the new date for the return of the work. Return of hard copy essays and feedback Some markers will mark hard copy coursework, those staff who choose to mark in this way will be provided with copies printed from Turnitin by KLS support staff and will be provided with marking and feedback sheets to use. Where possible, work marked in hard copy will be returned in seminars. If a student misses a class where essays are returned they may contact the marker during office hours. Where it is not possible to return hard copy marking in seminars (eg where the module has ended) they will be made available for collection from the KLS Undergraduate office. Return of feedback for work marked on line The feedback for on-line marking will be available for students to view on Turnitin. Seminar leaders should make their own students aware of how they mark and where the student can expect to find their feedback WRITING A CASE NOTE The purpose of this handout is to help you with the preparation of case notes generally (i.e. for assessment or for your own notes) and, initially at least, your case note that forms Assessment 1 in Introduction to Obligations. WHAT IS A CASE NOTE? A case note seeks to provide a brief analysis of the key elements of a legal decision, exploring its meaning and significance by placing it in its legal and social context. As such the act of writing a case note is a useful way of making sure that you are able to identify and understand not only the key issues of the case itself but also how it relates to, and its possible impact on, other cases, policy and the development of the law itself. Its length can vary from 250-4,000 words depending on, for example, its purpose (for assessment or otherwise), the importance of the case and so on. Many legal journals include case notes written by academics with specific knowledge in their field. These usually include a summary of the facts and decision of the case followed by a relatively brief commentary on a particular issue it raises. To this end, throughout your studies, you might find it useful to occasionally browse the case notes in both general journals (e.g. Law Quarterly Review, Cambridge Law Journal or Modern Law Review) and more specialist journals (e.g. Feminist Legal Studies or Medical Law Review) as a way of keeping up to date with new developments in case law in the area(s) you are studying and in learning how case notes differ in style and content from e.g. law reports, textbook reports of a case or articles discussing a case. Student law journals (such as those found in the KLS foyer) can also be helpful, as the case notes within them are generally written by academics with a view to them being read by students, and will give you an idea of the structure and style a note should take. We have included some case notes on some of the cases you will look at in Introduction to Obligations in the reading pack (required reading) and in the further reading. Case-noting is an important skill for you to develop. It is a means of testing and recording your understanding of a case – whether for the purposes of formal (formative or summative) assessment, as here, or for your own notes (particularly for revision). It is also a skill that is transferrable into practice (and the skill of succinct summary in general is one that is valuable in all kinds of professions, not just in law). The ability to write a good case note demonstrates a number of key legal skills including – Comprehension of legal information – Analysis and evaluation of legal materials – Background or other research – Use of IT (in both research and writing) – Presentation and writing skills Remember the word limit for the case note to be submitted as your assessment for Introduction to Obligations is 1200 words (this includes footnotes and citations, but not your bibliography). Your ability to stay within this word limit evidences your understanding of the case and your ability to demonstrate the skills outlined above. STRUCTURING AND WRITING YOUR CASE NOTE What follows is some guidance on how to structure a case note. However, it is important to realise at the outset that there is no single rigid formula; answers of equal merit may vary widely in terms of presentation, style, order and logical sequence of argument and analysis – and must logically differ depending on certain factors, such as which court the case was decided in. The following framework is intended as a starting point and can be adapted, where necessary, to suit a particular case. Remember not every point listed below will merit the same amount of discussion. It is up to you to make sure that your case note covers each point in sufficient detail. Many of the details outlined below are the kind of thing we may have asked you to talk about in seminars or to prepare for case classes in Introduction to Obligations. A CASE NOTE SHOULD INCLUDE (At least): 1. Formal Particulars a. Full case name b. Full citation c. Court (and possibly the judges) deciding the case 2. Details of the Case a. Material or relevant facts – that is, facts relevant to the issues raised. o ‘Is it necessary to know the particular fact to understand the legal arguments?’ b. Procedural history o How did the case come to be heard by this court? o Who has claimed what (and why) and with what result(s)? c. Legal Issue(s) o Point(s) of legal uncertainty that must be resolved to determine the case o Usually expressed as a question, the answer to which is (or forms part of) the ratio decidendi? o Remember to distinguish between questions of law and questions of fact 3. The Outcome of the Case a. Judicial Reasoning and Argument o Analysis of the reasons given to justify the decision o May involve consideration of e.g. o Precedent o Statutory Interpretation o Policy, ethics and values o Where there is more than one judge, is there a dissenting judgment? On what points does it differ to the leading/majority judgment(s)? Why? b. Distinguish between ratio and dicta o Ratio decidendi – the statement of a principle of law which, when applied to the material facts of the case, allowed the judge(s) to reach their decision in the case o Obiter dicta – reasoning on points of law not strictly necessary to decide the outcome of the present case but which may carry significance in the future. 4. Commentary on the Case This is where you put any comments you wish to make about the case. It is a chance for you to develop your ‘perspective’ on the case – to evaluate its significance, coherence and utility. Your comments do not have to be purely legal. They may be practical or express your own views on the case. This is where your research becomes important: what have others said about the case? Has there been any comment on either its legal issues and/or its broader application? Does it or could it form part of a wider public debate on a particular issue? Comments may be included on the following, depending on the content of the case in question (though this list is non-exhaustive): o The impact on existing law and society in general (if applicable) o Does the decision create new law or reaffirm existing case law? o Does it clarify the law or simply leave more questions to clarify? o Subsequent developments (if any) o Comparison with other jurisdictions (if useful) o Evaluation and Assessment o Exploring, for example, the conceptual coherence and/or social utility of the decision