https://wetransfer.com/downloads/e9f13dcc80cc01ea1c6a14023e88cce720181217125724/cec9f1e756c8de25ebe406e995293a0c20181217125724/861a0a Summative Assessment Brief The legal reasoning problem scenario will be based upon a factual scenario that could occur in real life. It will test your ability to analyse facts, identify the relevant principles covered in the module, and then apply these correctly to the facts given. You need to be sure, therefore, before writing up their full answer, that you have correctly analysed the problem and the issues to which it gives rise. You should not just set out the legal principles you think apply and stop there: you should reach a conclusion. It is recommended that answers to the legal reasoning problem are structured as follows: (a) A brief digest of the key facts: provide a short introduction setting out the framework for the discussion, concisely identifying the main issue(s) in the context of the material facts. Do not waste words simply repeating the facts given. (b) Identification of the relevant legal issue(s): explain the range of meanings and interpretations of any ambiguous provisions or principles and engage with arguments for and against each meaning, including a discussion of relevant authorities. (c) Application: critically evaluate these arguments as they apply to the facts in question. Similar to judicial reasoning, your arguments should be based on an analysis of precedent and an appeal to policy. (d) Conclusion: provide an opinion or conclusion for each evidential issue arising from the set of facts given. It may be appropriate to refer to academic commentary and policy discussions in supporting your answer. Your answer should be arranged according to the specific subject headings outlined above. This will help you avoid repetitions and will serve as a convenient map whilst planning your analysis. Note: The question may not contain all the facts that could have a bearing on the law that applies and the conclusion to be reached. If so, set out the further information that you need and explain how and why your answer would change in the light of such information. However, do not invent additional facts! If there are significant ambiguities, you need to exercise your judgment and identify which facts would matter and why. Marking criteria A very good answer to the problem scenario will demonstrate the following: clear identification of the key legal issues and relevant principles, giving authority; an accurate account and application of the relevant rules to the factual issues; formulation of a focused and coherently structured argument; presentation of sufficient and relevant information in a clearly structured and well-expressed manner with proper referencing of sources; a well-grounded and well-reasoned conclusion. The Universitys generic marking criteria will also broadly apply.
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