Legal Systems and Method

| January 7, 2016

Submission Method – Online, via eBridge

This essay is worth 100% of the final module mark.

Essay word limit – 4,000words.
Before preparing and submitting your essay, read carefully the instructions in the Law School Student Handbook on presentation and

submission of assessed work as well as the information about penalties for late-submission, exceeding the word-limit, and unfair means.

(The handbook may be viewed on eBridge)

Please note that the University’s policy on late submission is:
a) Up to and including 24 hours after the deadline = a penalty of 10 marks.
b) More than 24 hours and up to 7 days after the deadline = a penalty of 10 marks or the mark is reduced to 40, whichever is the lower.
c) More than 7 days after the deadline = a mark of zero is awarded.

Please note that the University’s policy on word count is:
a) 10%-20% over the specified word limit, a penalty of 10 marks;
b) More than 20% over the published word limit, the work will be awarded a mark of zero.

According to this policy, no penalty will be applied for essays that exceed the published word limit by less than 10% (e.g. 5,499 words

do not incur a penalty on a published word limit of 5,000 words or 2,749 words do not incur a penalty on a published word limit of

2,500 words).

The Law School will impose this policy strictly so, if you exceed the word limit by just one word (e.g. 5,500 words in respect of a

published word limit of 5,000 words or 2,750 words in respect of a published word limit of 2,500 words) then a penalty of 10 marks will

be imposed.

How to submit your essay:
Essays are to be submitted via the assignments tool on the eBridge site for this module.

Further information and more detailed instructions on how to do this will be given to you during the semester.
Please answer one question from Part A and one question from Part B and, submit both questions as one essay/document.

Part A
Please choose ONE of the following TWO questions as the first part of this assessment. Make sure you indicate which question you are

attempting in your submission. The word limit is 2000 words (excluding biography and footnotes that include only reference material).

1. The Human Rights Act 1998 gives effect to the European Convention on Human Rights. However, there are frequently tensions

between the UK and the European Court of Human Rights as to the nature and extent of how some substantive rights operate. Consider the

following Parliamentary briefing paper (www.parliament.uk/briefing-papers/sn01764.pdf ) and comment upon how each instrument and the

respective authorities deal with prisoner voting rights. In doing so please consider the operation of Llewellyn’s law jobs.

2. Read R (on the application of Nicklinson and another) v Ministry of Justice [2014] UKSC 38.

In this judgment, what were the ‘trouble cases’ at issue? Pay attention to the similarities and differences between the three specific

issues raised.

In your opinion, were these trouble cases resolved? (This is a different question to whether a decision was made: we are interested in

whether the issue was settled satisfactorily or not, in your opinion, and why.)

In your answer, evaluate how well (if at all) Llewellyn’s law jobs seem to be carried out at present in relation to these issues. You

will need to think about not just the decision of the Supreme Court itself, but also the way this area is regulated in general.

Part B
Please choose ONE of the following questions as the second part of this assessment. Make sure you indicate which question you are

attempting in your submission. The word limit is 2000 words (excluding biography and footnotes that include only reference material).

1. The legal aid changes brought about by the Legal Aid Punishment of Offenders and Sentencing Act 2012 have restricted access to

justice to the most needy and vulnerable. Do you agree/disagree with this statement? Explain your answer. Should access to legal advice

and representation be freely available to everyone?

2. The inherent complexities of family law hinder the establishment of an effective family justice system. Do you agree/disagree

with this statement? Explain your answer.

3. Outline the main distinctive features of mediation as a specific form of Alternative Dispute Resolution, identifying those that

you find most significant and justifying your judgement.

4. What are the objectives of the Criminal Justice System in England and Wales? Using examples, consider whether such objectives

are achieved.

5. Compare and contrast the roles of lawyers and judges in resolving disputes in common law and civil law jurisdictions. Which do

you think is better for the parties to the dispute and to the public in general? Please explain your answer.

6. The substance, structure and purpose of international law differs from domestic law. Comment on the key differences between

domestic law and international, and the implications this has for the making and enforcing of international law.

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