increased concern about potential terrorist attacks
Assignment ID Number AFFGEHU83939HD Type of Document Essay Writing Format APA/MLA/Harvard Academic Level Masters/University References/Sources 4 References
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.
Problem Questions: You will need to demonstrate your ability to apply legal knowledge to the problem
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 /
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.
? House Style.
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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