SCHOOL OF LAW MARKING CRITERIA 2012-13

(Source: Student Handbook)

Classification Descriptors
The following descriptions indicate the level of attainment characteristic of a particular assessment outcome. The descriptions should be interpreted in relation to the content outlined in the specification for each module; they are not designed to define that content. The classification awarded will depend in practice upon the extent to which the student has met the Assessment Objectives overall. Shortcomings in some aspects of the formal assessment may be balanced by better performances in others.

Essay Questions
In a discursive essay we would expect to see evidence of: accurate understanding of the law; reading which goes beyond the bare minimum required (where the minimum required would usually be your lecture notes and an appropriate chapter from a textbook); application of appropriate published data; and expression of arguments gleaned from scholarship and reflection. For assessed coursework, we would normally expect your work to be word-processed. We will expect you to have checked your spelling and grammar before you submit your work, and to have acknowledged all sources and references. If a bibliography is included, it should refer only to works you have discussed or footnoted in your essay. First Class (70% - 100%) Excellent A first class essay will show that the writer has thought about the topic, has understood the issues and has a sophisticated grasp of the law and its implications. The essay will be coherent and well written. It will have a clear structure an introduction, discussion and conclusions which follow from the discussion. An accurate account of the law will be given with full, accurate and appropriate use of statute and case-law to illuminate discussion. The relative merits of competing arguments and alternative interpretations of the law will be discussed. The essay will show evidence of wide reading and intelligent use of sources. Where appropriate, the law will be put into its wider context and use will be made of quotations, research data and academic references to illustrate and support arguments and points. Upper-second (60% - 69%) Good to Very Good An upper-second (2:1) is characterised by accuracy and competence, but does not have the sophistication and grasp of the issues present in a first-class answer. An upper-second shows at least a good understanding of the relevant law. It is generally well organized and well written. It discusses most of the major issues relating to the topic and shows evidence of wider reading, with some use of appropriate quotations and sources. Discussion of the law is accurate, but not as full as for a first class essay. Some attempt will be made to embrace competing interpretations and arguments, and more appropriate to relate the law to its wider social context. Lower-second (50% - 59%) Competent to Very Competent A lower-second (2:2) shows a general grasp of the topic and of the most significant issues. It may contain, especially at the lower end, irrelevant material, betraying a lack of sophisticated understanding on the part of the writer. It will rely heavily on one or two sources (perhaps a textbook and lecture notes) and will show, especially at the lower end, little or no evidence of further scholarly reading. It will deal with only a few arguments, and may fail to present more than one point of view. Third class (40% - 49%) Adequate

A third class essay shows a basic grasp of the subject. The law and the issues will be dealt with at a rather superficial level. There will be little or no evidence of use of the wider literature. The essay may be badly organised, and the standard of communication will be poor. Sloppy work may also fall within this classification on the ground that it demonstrates limited seriousness in approaching the task. Fail (<40%) An essay will fail if there is no evidence of any understanding of the topic, or if there is no attempt to address the question set. Major errors and/or omissions may be made, and the writer will have made no apparent use of the literature, or will have failed to apply it appropriately.

Problem questions
Problem questions are designed to test the students grasp of the legal principles in a particular area or areas. The student will be expected to refer to and apply the relevant statutory provisions and case-law. The students tasks are to assess the facts, identify the legal issues arising from them, and apply the relevant case and statute law to them. The student should compare the facts to those which have arisen in the case-law in order to ascertain how the current problem might be decided. The student should also consider whether the facts are covered by the words of particular statutory provisions. When answering a problem question, generalities about the relevant law should be avoided. It is the application of the law to the particular facts presented which is required. Sometimes the information given will be open to various interpretations, in which case the legal implications of each eventuality should be discussed. Answers to problem questions are assessed on the basis of application of the law, accuracy in this application and sophistication of argument. There may be little scope for discussion of the wider context, or for reference to research, unless introduced as part of an argument that a particular outcome is more likely than another on the facts. Answers to problem questions should usually be organised according to the particular issue being dealt with, or the individual being advised, and so on, rather than following the traditional essay structure outlined above. First Class (70% - 100%) Excellent A first-class answer will deal with all the relevant issues. It will accurately apply the relevant law. Strong arguments will be put forward in support of the writers position and conflicting arguments will be recognised and dealt with persuasively. All arguments in the answer will be backed up with full and accurate citation of appropriate case-law and statutory provisions. A realistic and sophisticated judgment on the likely outcome will be made. The answer will be extremely well written and thoroughly organised. Upper-second (60% - 69%) Good to Very Good An upper-second class answer will deal with most of the issues. The relevant law will be applied to the facts and arguments will be put forward to support the writers position. The main authorities will be cited accurately. The answer will attempt a conclusion which assesses the likely outcome. It will be well written and organised. Lower-second (50% - 59%) Competent to Very Competent A lower second class answer will deal with the main issues presented by the facts. The application of the law at the lower end may be rather thin or inaccurate. Few arguments will be used to support or rebut different positions. Few authorities will be cited. At the lower end an overall assessment of likely outcomes may not be attempted. Points will be communicated at least competently, although the answer may lack structure. Third class (40% - 49%) Adequate A third class answer will tackle only some of the major issues in the problem. There will be a thin or inaccurate application of the law, and little attempt to back up points with arguments. Very few authorities will be mentioned. The answer may be inelegantly written and structured.

Fail (<40%) An answer to a problem question will fail if it does not deal with any of the main issues or if the issues are wrongly identified, for example, because of a failure to read the question carefully. The writer will have failed to demonstrate an ability to apply the law to the facts.