The Law Foundations

 

post is of two assignments

Jennifer is a courier for ParcelEasy plc and drives a company van. She works in shift patterns. Last Sunday, Jennifer used the company car to give her fiancé a lift to the train station. On the way back, she decided to make a number of deliveries to various customers. After making the last delivery, Jennifer drove out of a side road, slowing down but not stopping, and collided with Bill’s car. Bill’s car was damaged and he suffered substantial neck injuries. Bill’s wife, Margaret, was sitting in the passenger seat. Margaret was not wearing a seatbelt and was thrown forward, hitting her head on the windscreen and suffering a deep wound on her forehead.

1) Advise as to ParcelEasy’s liability, if any, to Bill and Margaret.
AND
2) Would your answer be different if you were told that Jennifer was an independent contractor and not an employee of ParcelEasy? Justify your answer. (30%)

Referencing
Complete reference list which MUST conform to the Harvard System of Referencing must be included at the end of your assignment and legal sources MUST be appropriately referenced.

Assignment Learning Outcomes
3 Understand how law is shaped and developed and the limits of legal controls in political and social contexts;

4 Undertake basic legal research such as finding, reading, interpreting and applying the law

Marking and Grading Criteria: Students are encouraged to read and understand the overall marking criteria to be used in determining performance levels. The document is provided on Moodle within the assessment folder and at the end of the module handbook.

2ASSESSMENT CRITERIA FOR UNDERGRADUATE LAW MODULES
ALL FOUR CRITERIA HAVE EQUAL WEIGHTING
70+ (A) 60-69 (B) 50-59 (C) 40-49 (D) 35-39 (E) BELOW 35 (FAIL)

CRITERION 1
(%)
Demonstration of legal knowledge and understanding
Have I demonstrated my understanding of the salient legal points raised by the topic?Have I applied my knowledge appropriately to the question?
Detailed, accurate, and relevant. Key points highlighted. Demonstrates systematic understanding of all key aspects of topic and excellent breadth and depth of knowledge. Appreciating any ambiguities in the area of legal study.

Strong ability to apply legal knowledge to the key issues of the task

Detailed, accurate, relevant.
Shows thorough understanding of key aspects of topic.

Discussion of more complex legal issues often tackled successfully
Sound knowledge and understanding of key topics. May be a tendency to reproduce information received from elsewhere (e.g. programme materials). A few errors or misconceptions may be present, but not in important areas.

Some evidence of ability to apply core legal principles.
Demonstrates basic knowledge and understanding, Reproducing information is a frequent feature.
Errors or misconceptions will be evident but outweighed by the overall understanding.
Limited knowledge, with many errors misconceptions, and gaps.

Extremely limited with significant errors and gaps

CRITERION 2
(%)
Critical analysis, development of legal argument and use of authority to support reasoning

Are the points that I have made well-reasoned and supported by reference to legal authority?

Have I shown appreciation of alternative perspectives and identified possible flaws in arguments, counter-arguments and defences where appropriate?

Have I evaluated the arguments and provided reasons or evidence for my conclusion or advice?
Analytical and clear conclusions well-grounded in legal doctrine and authority, possibly showing development of new and innovative solutions to legal problems

Key points supported with legal authority, and alternative perspectives are critically evaluated.

Comments perceptively on the application of legal authority to practical problems
Able to undertake detailed legal analysis,

Good development of arguments which are substantiated

Most points illustrated with relevant evidence.

Good evidence of evaluation and ability to make appropriate judgments
At times demonstrates an ability to undertake analysis.

Evidence of findings and conclusions usually grounded in appropriate legal authority. Arguments usually substantiated.

Some over reliance on description and factual presentation
Fairly superficial and generally derivative, balance of work is in favour of description and factual presentation.

Some evidence mentioned, but not generally integrated into the work or evaluated, although there may be some limited attempt at legal analysis and evaluation.
Largely descriptive, any arguments are rarely substantiated with legal authority.

There may be some attempt to present legal arguments and solutions but the outcomes may be naive, simplistic or unconvincing.

Little or no evidence of being able to undertake analysis.

Fails to identify or evaluate different perspectives or arguments

Inconclusive or lacks an appropriate conclusion

CRITERION 3

(%)
Research and use of legal sources. Accurate referencing

Have I synthesised information from primary and secondary sources and have I identified and used material which is relevant to the task and referenced it accurately?

Wide variety of sources used extending well beyond programme material, showing strong ability to synthesise

Academic and textbook referencing clear, relevant and consistently accurate using the Harvard system.

Material from a variety of sources used extending beyond those sources provided, demonstrating some synthesis of information.

Referencing relevant and mostly accurate using Harvard system

Tendency to rely on core materials and information provided by tutors although evidence of some individual reading.

Minor inconsistencies and inaccuracies in referencing using Harvard system.

Over-reliance on materials provided by tutor. Little or no evidence of reading around the subject.

Referencing present but contains inconsistencies and some inaccuracies, overall Harvard system used.

Referencing frequently inaccurate

Harvard system may be incorrectly used

No evidence that any reading of the subject matter/ around the subject matter was undertaken

No referencing used at all or frequently inaccurate

Communication of ideas
(%)
Is the language that I have used professional and is it clear and succinct? Are my arguments well structured?

In written work, is my use of grammar and my spelling accurate?

Rigorously argued, logical, easy to follow. Obvious and well defined structure.

Demonstrates a strong ability to communicate information and complex ideas in a coherent and succinct manner.

The standard of presentation is high with correct use of grammar and accurate spelling.

Generally clearly argued and logical. Key points appropriately organised and dealt with systematically.

The ability to communicate information and ideas clearly and succinctly is good, with very few spelling or grammatical errors.

Overall the format and structure are appropriate but the work may not always clear or logical.

There may be occasional faults in the presentation of the work but overall these do not detract from the clarity of expression.
Key points may not be logically sequenced.
Arguments may be underdeveloped and not entirely clear.

Although there will be faults in the work generally the language and meaning is still clear.

Muddled, faults in structure mar the clarity of expression

Inaccuracies in spelling and grammar are apparent.
No structure apparent throughout. Incoherent.

Frequent faults in presentation make the work unclear and difficult to follow.

2:Midwinter Blues

Order Description

, consider the ways in which the poet has shaped, moulded, cut up, patterned, pared down or in any other way rearranged everyday language in order to achieve a particular expressive form and answer the following question:
How does the form of the poem affect the way we encounter its meaning?

The reflective interpretations of the formal aspects of poetry, including genre, language, imagery, tone, and rhythm.

Focused throughout; insightful, clear, and highly persuasive.
Accurate, insightful, and sophisticated understanding of the formal aspects of poetry. Comprehensively applied to an in-depth examination of poem(s).
Successfully integrated quotes; textual examples substantiate and enhance claims made.
Fluent and subtle use of expression, grammar, spelling, and punctuation. Accurate referencing and bibliography.

Midwinter Blues
by Langston Hughes
In the middle of the winter,
Snow all over the ground.
In the middle of the winter,
Snow all over the ground —
‘Twas the night befo’ Christmas
My good man turned me down.

Don’t know’s I’d mind his goin’
But he left me when the coal was low.
Don’t know’s I’d mind his goin’
But he left when the coal was low.
Now, if a man loves a woman
Thatain’t no time to go.

He told me that he loved me
But he must a beentellin’ a lie.
He told me that he loved me.
He must a beentellin’ a lie.
But he’s the only man I’ll
Love till the day I die.

I’m gonna buy me a rose bud
An’ plant it at my back door,
Buy me a rose bud,
Plant it at my back door,
So when I’m dead they won’t need
No flowers from the store.

and rhythm