MELS LAWS Legal Buffet

Issue SUMMARISE THE CASE IN ONE SENTENCE ISH IN QUESTION FORM. Rule RULE 1-3 SENTENCES PAST RULES/CASES Application/Analysis      Apply facts to rules. 3-5 SENTENCES APPLYING RULES TO THE FACTS OF CASE. THIS IS THE DEBATE/ARGUMENT ON BOTH SIDES PART. GOING BACK AND FORTH. Conclusion 1 and 2 FINAL ONE SENTENCE Refer to notes for exact instructions on word count and what elements to include in each section.

Common Law Concept of Negligence: Reasonable care – is based on a hypothetical person and not the defendant.  The legal test is an objective test on how a reasonable person would act. A reasonable person would take precautions against foreseeable risk but not against every every conceivable danger. A reasonalble person considers the likelyhood of harm and the severity of any consequences. A reasonalble person would also adopt affordable precautions to prevent against mishap, accident or injury. Undergo cost-benefit analysis that they would apply. If the person is an Engineer, Lawyer, Dr or other professional then the reasobale care standard is not applied but a higher standard would apply. A professional is reasonably competent and experienced, whatever level of experience. So even if a person puts themselves forth as being professional or trained in a particular field then they are to be held to the standard of a reasonably competent and experienced Dr or Lawyer etc, but f

1. Identify the relevant facts who, what, when, where, why, how did something happen. The relevant facts 2 Identify the relevant legal issues. Is it a tort law matter. 3. How can the law be applied. Is there precedent in case law or statute? 4. Access good quality resources Legislation and case law sites etc 5. Review your research findings Have you understood and answered the question properly? 6. Apply your research findings

The IRAC Method or tackling a law essay. I  - Issues. Identify the issue that needs addressing. The Question that is asked to be answered. The relevant law and relevant 'facts'. Is someone liable or guilty?  R  - Rule. All your legal knowledge to identify and write about the rule/law relating to that issue. From any primary legal authority. The rule itself, showing the reader the law and not have them go look it up. A  - Application/Analysis. Applying that knowledge to the particular question/facts. This is the most important part of IRAC. C  - Conclusion. Summing up your argument. This where you wrap up your analysis. The most likely outcome.  You Video/Click here

The Oxford University Standard for Citation of Legal Authorities July 30, 2017 The Oxford University Standard for Citation of Legal Authorities https://www.law.ox.ac.uk/sites/files/oxlaw/oscola_4th_edn_hart_2012quickreferenceguide.pdf and You Tube Video https://www.youtube.com/watch?v=GhMuHkjpxuk

AQA AS Law (7161) Subject content areas: 3.1 The nature of law and the English legal system 3.2 Criminal law 3.3 Tort Teaching From September 2017 Exam from June 2018 PDF Link Specimen paper http://filestore.aqa.org.uk/resources/law/specifications/AQA-7161-SP-2017.PDF Sample Paper 1 Question Paper (1hr 30mins) http://filestore.aqa.org.uk/resources/law/AQA-71611-SQP.PDF Sample Paper 2 Question Paper (1hr 30mins) http://filestore.aqa.org.uk/resources/law/AQA-71612-SQP.PDF See also mark schemes on website https://www.aqa.org.uk/subjects/law/as-and-a-level/law-7161/assessment-resources AQA A2 LAW (7162) Specification http://filestore.aqa.org.uk/resources/law/specifications/AQA-7162-SP-2017.PDF Topics are clearly structured and include: The nature of law and the English legal system Private law Public law Legal skills Subject content 1.  The nature of law and the English legal system 2.  Criminal law 3.  Tort Options 4.  Law of contract 5. 

Referencing and plagiarism Referencing Styles Used at the Open University (OU http://www.open.ac.uk/library/help-and-support/referencing-and-plagiarism Also more on OSCOLA as used by OU. This video is by the University of South Wales.  https://www.youtube.com/watch?v=xFhEF0sTCj0