offer places on the basis of AS exam results ...AS Law homework for Sept-Dec 2009
offer places on the basis of AS exam results ...Thursday 1st October 2009 - Students in 'AS Law' Blocks 1LC and 1LD to do Essay LAS-1.
ANSWER GUIDE ... Answer the question - do NOT simply write about the subject.
For part (a), you need to talk about what juries do, and where they do it, addressing these questions in first the civil and then the criminal system. In your discussion of the civil system you should mention the restrictions on entitlement to jury trial, and the areas where there is discretion to allow it, and the fact that juries not only decide who wins, but assess damages. In the criminal area, point out what cases they deal with (and the proportion of criminal cases to which these amount), and their role as finders of fact, mentioning that sentencing is the preserve of the judge. You might include the rules on unanimity and majority verdicts.
You also need to go through the same steps for magistrates (the relevant information for this is found in Chapter 14). Do not forget that you need to mention their responsibilities in the civil courts as well as their role in criminal cases, and do not limit your answer to the criminal part to trying cases - remember bail applications, search warrants, committal proceedings and legal aid. Matters such as selection of juries and appointment of magistrates are not relevant here.
Part (b) offers more marks, and so you should spend more time on it. The question makes it clear that you should choose to discuss either juries or magistrates, so do not cover both in this section - choose the one for which you have the most interesting and relevant material. The arguments for and against both magistrates and juries are clearly set out in Chapter 14, but as always the examiners want a critical discussion of them. It is not enough to list the advantages and disadvantages of anything - to get a good mark you need to be able to weigh them up against each other and come to a conclusion. For example, if you were discussing juries, you might point out that although issues like cost are important, it may be worth paying more for a system that promotes public involvement. You could also contrast the idea that juries lack skills and experience with the problems that would be associated with giving judges a greater role in criminal cases. Throughout your answer, show that you are addressing the issues from both sides, and that you can support whatever conclusion you reach.
Extracted from ‘AS Law’ by Elliott and Quinn [Longman 2002).
Thursday 22nd October 2009 - Students in 'AS Law' Blocks 1LC and 1LD to do Essay LAS-2.
ANSWER GUIDE ... Answer the question - do NOT simply write about the subject.
The first thing to note about this question is that it is not asking what the present system of legal education and training is; it wants to know how well that system performs. You do need to show that you are aware of the system, but a detailed description of it will waste time and gain few marks.
Your introduction should point out what you understand by the term lawyers - we suggest that you concentrate on barristers and solicitors in your answer, even though technically judges are also lawyers. Then you need to state what you think are the qualities this country needs in its lawyers - you might mention legal knowledge and practical skills, efficiency, cost-effectiveness, and an ability to use their skills for the benefit of all the members of society, for example.
You can then go on to outline the system of legal education and training but keep it brief! There is no point in writing pages of detailed description, because that is not what the question asks for. You need to point out that training for barristers and solicitors is different, and then just mention the stages for each.
The main part of your essay should be concerned with assessing whether the system provides the qualities you have mentioned in your introduction, and we suggest you consider them in turn. The following are points you might like to make:
• the need for legal knowledge and practical skills. You could mention the various criticisms of lawyers' performances, and point out that both professions are moving towards a more practical approach;
• the need for a cost-effective, efficient service. Here you might mention some of the disadvantages of the fact that we train two different types of lawyers to play two different roles - the criticisms of the divided profession in terms of cost and inefficiency are relevant here. You could also put forward the argument that a divided profession is wasteful of talent, especially as it divides so early on;
• the need for lawyers to be accessible to all members of the community. Here you will need to use some of the material on unmet legal need from Chapter 11, pointing out that the middle-class image of solicitors puts many people off using them, especially for problems such as social security and employment. You can then point out that the system of training contributes directly to this problem, because it is so difficult for a student without well-off parents to survive financially during training, and so the profession continues its middle-class base.
You might want to bring in the issue of whether we need professional lawyers at all, mentioning the work done by unqualified legal advisers in agencies such as the Citizens' Advice Bureaux. You could also discuss here the market control theory which suggests that professions exist not to provide the best services, but as a way of controlling competition - so the emphasis on high academic qualifications can be seen as a way of limiting entry to the market.
It would be a good idea to point out that one of the reasons why this question is so important is that legal education and training provides not only lawyers, but eventually the judiciary - point out, for example, that only when the legal profession becomes more mixed in terms of race, class and sex will the judiciary follow suit.
If you have time, you could include any reforms which you feel would improve legal education and training.
Your conclusion should sum up whether you feel legal education does provide the lawyers we need.
Reproduced from 'AS Law' by Elliott & Quinn [Longman 2002]
UK Supreme Court activity - read and precis the EM case study. The full judgement can be found here.
Essay requirement: - "Everyone has the right to respect for their family life." Discuss this statement in light of s.8 of the ECHR and the case of EM (Lebananon (FC) (Appelllant) (FC) v Secrteary of State for the Home Department (Respondent). Some of the best essays will be published online with a link sent to Ms Jenny Rowe (Chief Executive Designate of the UK Supreme Court).
This essay homework needs to be word processed and handed in to your Laws Teacher at the first lesson after half-term.
Thursday 19th November 2009 - Students in 'AS Law' Blocks 1LC and 1LD to do Essay LAS-3.
Guidance: An answer guide can be found on page 316 of "AS Law" by Elliott and Quinn [published 2002 by Longman]. Follow the 'Essay writing guidance'.
Thursday 10th December 2009 - Students in 'AS Law' Blocks 1LC and 1LD to do Essay LAS-4.
Guidance: An answer guide can be found on page 414 of "AS Law" by Elliott and Quinn [published 2002 by Longman]. Follow the 'Essay writing guidance'. If your homework is handed in late (even by just a few seconds) or without a Self-assessment Sheet - you will be given a fail grade.
and have a Happy New Year ...Guidance: Follow the 'Essay writing guidance' If your homework is handed in late (even by just a few seconds) or without a Self-assessment Sheet - you will be given a fail grade.