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RESEARCH AND ANALYSIS: Ability to critically analyse the issues and law arising in the question/problem. Evidence of understanding of legal issues, developments and influences on the law supported by scholarly authority and research. 50% Has failed to critically analyse question/problem; lacks evidence of understanding of legal issues/developments/ influences on law. Little or no use of scholarly authority to support argument/legal opinion Has attempted to critically analyse the question/evidence; some evidence of basic understanding of legal issues/developments/ influences on law/application of law to facts. Some use of legal authority to support argument. Has provided a reasonable critical analysis of the question/problem, which demonstrates reasonable understanding of legal issues/developments/influences on the law. Scholarly authority used to support argument and legal opinion. Has provided an in-depth critical analysis of the question/problem, which demonstrates in-depth understanding of legal issues/developments/ influences on the law. Authority appropriately used where necessary to support argument.

Organisation and structure 10% Disorganised/ incoherent Shows some attempt to organise in a logical manner, including linking paragraphs/law to facts Shows organisation and coherence Carefully and logically organised Carefully and logically organised; shows sophisticated attention to purpose Written expression, referencing & bibliography quality/form 10% Meaning unclear and/or grammar, spelling and/or referencing contain frequent errors Meaning apparent but language not always fluent; grammar, spelling and/or referencing may contain errors High standard of conventional English; grammar, spelling and referencing mainly accurate Very high standard of conventional English; grammar, spelling and referencing accurate Sophisticated use of English employing an academic style; grammar, spelling and referencing accurate

CRITERIA/ WEIGHTING FAIL less than 50% PASS 50-64% CREDIT 65-75% DISTINCTION 75-84% HIGH DISTINCTION 85% (+) LAW/ISSUES: Ability to write a clear statement of the law pertaining to the question as the basis for the identification of key issues in question. Show legal understanding of question/problem and issues in it. 30 % Has failed to adequately state the law/development. Failed to identify some/most of the legal issues. Failed to address question/problem. Has stated the law/development in a basic format; identified some of the legal issues; attempted to accurately address the question. Has adequately stated the law/development; identified some/most of the legal issues; accurately addressed the question. Has appropriately and adequately stated the law/development and identified most/all of the legal issues and accurately addressed the question. Has clearly, accurately and appropriately stated the law/development and identified all legal issues and accurately and appropriately addressed the question.

While there is always a place for creativity in answering the questions set, somewhere towards the early part of the answer, there should be an outline/summary/statement of your argument/answer to the question in a nutshell. (Where a question includes a quotation to be analysed, ensure that you address the nub of the quotation in all aspects of the assignment). The assignment should also typically include: brief statement of the law/development or change proposal/development; analysis (eg what was/is the change meant to achieve and why; has it achieved/is it likely to achieve that goal; is it too early to tell; what does the case law and scholarly analysis tell us?) The conclusion ought to consist of a summary showing how your analysis supports your opinions/deductions. It is significant to note that good research supports good analysis. Headings may also be useful. For the problem section of the question, the IRAC (issue, rule, apply, conclude) technique may be useful.

Marking Schedule:a marking sheet is attached. Marks will be primarily awarded for content, analysis and reasoning (based on sound research) but expression, grammar and spelling, presentation and form will also be taken into account (especially where such detracts from the strength of the argument/analysis). Regard shall be had to the following criteria: 1. Demonstrated familiarity with the relevant law and policies (based on sound research); 2. Evaluation of arguments/critical analysis of the relevant law and policies (based on sound research); 3. Development of argument (based on sound research); 4. Structure and organisation; 5. Originality; 6. Quality of expression, spelling, grammar, and punctuation; and 7. Referencing and bibliography.