Description / paper instructions
Order ID: 89JHGSJE83839 Style: APA/MLA/Harvard/Chicago Pages: 5-10 Instructions:
Question: (problem scenario discussing and advising on the legal issues relevant to the scenario)
Due to increased concern about potential terrorist attacks, new legislation is introduced significantly extending police powers to arrest and detain people suspected of terrorist activity. The (fictitious) New Terrorist Act 2019, provides powers to the police to enter the property of people suspected of planning terrorist attacks. It also gives powers for these people to be detained without charge or trial in high security prisons, but only if they are not British nationals. Those suspected of terrorist activities who are British are to be detained under house arrest, although hunderds of miles away from their own homes. The period of detention under the Act could be indefinite.
Within a week of the (fictitious) New Terrorist Act 2019 coming into force, 50 people in total, being 25 foreign nationals and 25 British nationals, are immediately arrested and taken to prison or put under house arrest, where they are not allowed to leave the premises under any circumstances.
All of these 50 people bring a joint case which proceeds to the UK Supreme Court. The 50 individuals are represented by human rights lawyers who argue that there has been a series of human rights breaches and want the UKSC to provide a remedy for their clients.
Advise the UKSC on whether:
1) There has been a breach of these individuals human rights; and
2) What sections of the Human Rights Act 1998 would be relevant in this case and why.Word Limit: 2000 words including footnotes, excluding bibliography. OSCOLA style
Sources advised to use only if you have a good knowledge of them:
John Stanton and Craig Prescott, Public Law (Oxford University Press, 2018) [Cite this book and cite it well my lecture is the author]
Neil Parpworth, Constitutional and Administrative Law (Oxford University Press, 10th edn, 2018)
HWR Wade and CF Forsyth, Administrative Law (Oxford University Press, 11th edn, 2014)
Brian Thompson and Michael Gordon, Cases and Materials on Constitutional and Administrative Law (Oxford University Press, 12th edn, 2017)
problem scenarios discussing and advising on the legal issues relevant to the scenario.In case you need any information on how to answer:
How to approach and tackle a problem question Problem questions typically set out a hypothetical scenario, the facts of which touch upon topics, issues and perhaps even specific cases relevant to a particular area. In answering problem questions, therefore, you would be expected to identify any relevant features or aspects of the question, pick out and consider the specific questions or problems that they present, and discuss and apply the relevant law to the facts of the scenario, perhaps even reaching a conclusion as to how it might be resolved. We will now talk you through the process of tackling and answering a public law problem question. Reading a problem question It perhaps states the obvious to point out that the first thing you must do is read the given problem scenario. But it is in this crucial stage that you get a feel for the question, identify its key points, and form ideas about the legal issues that arise. Problem questions are so called because they typically involve a legal problem, that is, a factual scenario which requires the given law to be applied in pursuit of its resolution. It is unlikely, therefore, that any problem scenario you are given will be a settled or non-contentious issue. There will always be something to discuss. At this point, you should make yourself aware of the legal issues, principles and debates that are relevant to the given area (if one has been stated or is obvious some problem questions replicate real life by being a little messy and not confined to one topic or subject) and that you think are presented by the question. Sometimes the facts of a given scenario mirror, or are similar, to those of a real case so it is useful to try to pick out this kind of connection early on. Where to start As a general rule, most (though not absolutely all) of the facts in a given problem scenario will be important. The first sentence or two might be significant merely for the way in which they set the scene and define the parameters of the discussion, but chances are all the other issues are there presented for a reason this being that they need addressing and discussing. Do not, therefore, skip over or avoid certain aspects of the facts. Structuring your answer In terms of the way in which you structure your answer to the problem question, it depends in part on the way in which the question or scenario itself is structured. If the question merely sets out a series of events, then these should be taken in turn in a chronological order, if that is relevant. Alternatively, if the question consists of a number of unconnected points, events, or characters, then these should be addressed in turn and typically in isolation. Deciding the content of your answer The important thing to remember when tackling a problem question is that you should not be afraid to state the obvious. If, for example, it is obvious from the scenario that the area Stanton & Prescott, Public Law © Oxford University Press, 2018. being discussed is judicial review or police powers, then you should state this in the introduction, using this as a link to an introduction or definition of those particular areas. Easy marks can be lost by assuming that a feature of the question is too obvious to point out. As the last two sections have explained, you should bear in mind that most of the facts of a problem question will be important in some way and require discussion, and you should structure your answer in a sensible fashion depending on the structure or content of the scenario question. To this we can also add that you must ensure that your answer and its discussions are always relevant to the question. It is very easy, in exploring the various themes, topics and cases that are relevant to the given scenario, to digress into another discussion perhaps a more academic or theoretical one in the hope that this will gain you even more marks, but you should resist this temptation. Your answer to the problem scenario question should show not only an understanding of the area and an ability to apply the law to the facts, but also judgment as to what should go in and what should not to your answer. Keep things relevant. Most importantly of all with regard to your answer, you must engage critically with the facts of the scenario and the area of law, including cases and other sources that you are discussing. This means that when considering the various facts of the scenario you should not simply identify the relevant law and give a supporting case, but consider the issues critically and use sources to make a critical argument. As this guide has already explained, problem questions typically involve a contentious issue so a critical argument is absolutely vital in exploring how the issues might be resolved. This will also often require you to consider competing arguments. This emphasis on critical analysis and discussion means, at the same time, that you should place less emphasis on the descriptive features of your answer. Dont, for instance, spend pages and pages telling the examiner the facts of the cases you are citing; one or two sentences will normally suffice. This will save time and give you more opportunity to get into the critical discussion that will ultimately attract marks. Concluding Finally, though there are a range of views on this, you do not always have to reach a definitive conclusion. The critical discussion, including the ability to use sources and the law in the context of the scenario, is where the core of this kind of assessment is rooted. Your conclusion, therefore, might be a definitive answer but could simply be a few sentences or a paragraph that show an awareness that there are a number of potential solutions.
CRITERIAS:
Problem Questions: You will need to demonstrate your ability to apply legal knowledge to the problem
facts.
o You can demonstrate this ability by doing the following:
???Identifying who you are being asked to advise and what you are being asked to advise them on???Identifying the key facts of the problem, including both the implicit and explicit issues.
???Identifying the relevant and appropriate legal sources that should be applied to the key facts and demonstrating how they relate to the issues within the problem question
Additional Assessment Guidance (Not Assessed)? Within problem questions, in constructing a paragraph, analysis forms part of the Application element of IPAC (Issue, Principle, Application, Conclusion). In order to demonstrate the ability to analyse the law, you will naturally need to refer to appropriate legal sources (see below in Communication).
? A Problem Question:
o You will have demonstrated strong use of English, based on the principles of good
? writing covered in the module.
o You will have clearly considered your instructions and identified which parties you have
? been asked to advise and to have provided those parties with advice.
o In providing advice, you will have appropriately identified both explicitandimplicit issues raised by the problem question and applied relevant sources of law, referenced in accordance with OSCOLA, thoroughly considering any relevant legal defences /
? remedies.
o You will also have therefore shown an evaluation of the relevant claims / defences and
? given an indication of the likely success of such claims / defences. In addressing these requirements, you will have followed a clear and integrated structure i.e. IPAC (Issue, Principle, Application, Conclusion) and addressed the different issues and parties in a logical manner.
? o You may have opted to include sub-headings, which should be logical and clear.
o YouwillhavecompletedtheassessmentinaccordancewiththeLLB/GELLBProgramme
? House Style.
RUBRIC
Excellent Quality
95-100%
Introduction 45-41 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Literature Support
91-84 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Methodology
58-53 points
Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met.
Average Score
50-85%
40-38 points
More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided.
83-76 points
Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration.
52-49 points
Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met.
Poor Quality
0-45%
37-1 points
The background and/or significance are missing. No search history information is provided.
75-1 points
Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration.
48-1 points
There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met
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Description / paper instructions