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Your work in this task is assessed according to three main criteria. These are: • Knowledge of relevant business law and ethical principles and sources • Analysis and reasoning to generate conclusions...

Your work in this task is assessed according to three main criteria. These are:

•    Knowledge of relevant business law and ethical principles and sources
•    Analysis and reasoning to generate conclusions
•    Structure, written expression and presentation

In order to demonstrate knowledge of the law for this assignment, you need to state the relevant legal principles accurately and reference them appropriately by citing case law and legislation.

In order to demonstrate analysis and reasoning, you need to apply the relevant legal principles to the facts of the case study in order to reach a conclusion.

You need to adopt a logical structure (you may use headings), avoid spelling and grammatical errors (see further under ‘Structure and Style’ below) and present your arguments in a coherent and convincing manner.

Note that the use of footnotes, or endnotes, is the preferred method of referencing for legal writing (you can use the ‘insert’ function in word).

The following guidelines stem from the criteria stated above:

•    It is not enough to discuss the facts in a general way without reference to legal principle/s.
•    It is not enough to state relevant legal principles without explicitly applying those principles to the facts.
•    Statements of legal requirements/ principles must be accurate. Use of your own words is encouraged but must convey the substance (meaning of) the legal principle/s.
•    Merely reproducing the facts given in the problem will not attract marks. This problem commonly occurs in written introductions, where it would appear that the writer is not sure where to start.
•    Answers should include an introduction, analysis and conclusion (but not include these headings as such).
•    The introduction should contain statements of:
•    The legal terms given to the relevant parties on the facts
•    The nature of the action to be taken by the party advised
•    The party who must prove the action (burden of proof)
•    The relevant standard of proof
•    The elements of the action requiring proof.
•    The analysis should state:
•    The elements requiring proof (from the legislation) and interpretation of those elements (from legislation and case authorities as appropriate)
•    An application of the legal requirements (elements) and their interpretation to the facts in question
•    A consideration of legal remedies available to the injured party should the action be proven.
•    The conclusion should contain:
•    A summary of previous discussion and conclusion as to the likelihood of proof of the action. No new material should be included in this part of an answer.
•    Accurate and full reference to cases and legislation must be used (see further below).

Oct 07, 2017

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