rates.
Instructions
TMA 01 consists of four questions. You are expected to answer all questions in this TMA. Your answers should be written in your own
... [Show More] words. You do not need to use additional resources to complete your answers. All the information you require is provided in the module materials.
It is important that your answers are written in full sentences and in clear and concise language. You should write in formal English and you should take care to ensure that your language is grammatically correct. Your work should be arranged into paragraphs and you should avoid using bullet points and other types of lists. Please write your answers in the third person.
It is important to write in your own words. This means that you should explain the content of the module materials by reformulating the words within them. The OU Law School Undergraduate Assessment Guide contains guidance on writing in your own words.
The total word limit for TMA 01 is a maximum of 1000 words. Remember, all the words you use to answer the questions, including quotations and citations, count towards the overall word limit.
We would suggest that you use the following number of words for each question:
Question 1 150 words
Question 2 300 words
Question 3 350 words
Question 4 200 words
You must provide a reference list and a word count. The reference list is not included in the word count.
Questions
Question 1
a.Explain what is meant by 'delegated legislation'.
b.Provide one example of delegated legislation.
(15 marks)
Question 2
Decide whether these statements are true or false and explain why you have reached your decision.
a.The judiciary are obliged to follow the rules of statutory interpretation.
b.The purposive approach is an extension or a development of the mischief rule.
c.To interpret a statute a judge only needs to give the words of the statute their ordinary meaning, which they can find in the dictionary.
(35 marks)
Question 3
a.Explain what the term 'judicial precedent' means.
b.Explain why judicial precedent is an important concept in judicial decision making?
(30 marks)
Question 4
a.Explain why it is important to write in your own words.
b.Re-write this statement in your own words:
'Members of the House of Lords may delay proposed legislation and bring the matter to the attention of the media and the general public, but they cannot defeat a piece of legislation. Members of the House of Lords are not democratically elected to this chamber. Whether a piece of legislation succeeds should be according to the will of the people, which is represented in the House of Commons and not by the members of the House of Lords. The bicameral structure of Parliament - the House of Commons and the House of Lords - produces a checks and balances system whereby power is not held by one body: the principle is that there should be transparency during the debate of any proposed legislation.'
(20 marks)
Learning outcomes
TMA 01 tests the following learning outcomes:
Knowledge:
explain the concept of delegated legislation
explain the rules of statutory interpretation and how they are applied
explain the concept of judicial precedent and why it is important in judicial decision making.
Skills:
summarise the key points of a piece of written material in your own words
present and structure information clearly
make accurate use of the English language and legal terminology.
Advice
The OU Law School Undergraduate Assessment Guide contains definitions of words used in TMA questions. It also gives advice on referencing and the reference list that you must produce and include at the end of your work. You should read this guide before attempting TMA 01.
This TMA is designed to test your knowledge of Units 4, 5 and 6.
Good academic writers can summarise other people’s ideas in their own words and this TMA develops this essential skill. You are NOT being asked to write an essay, therefore you do NOT need an introduction, main body and a conclusion.
These are short answer questions so you need to produce a summary of the relevant section of the module material in your own words. You should answer each question individually. You should put 'Question 1(a)' and then write your answer, and so forth.
Question 1
This question is composed of two parts which you should answer from you study of Unit 4. Part (a) requires you to explain the term ‘delegated legislation’. You will need to summarise the most important points of the section to explain the term ‘delegated legislation’ and write in your own words. Part (b) requires you to give an example of delegated legislation. You will need to select one example of delegated legislation.
Question 2
This question is designed to help you demonstrate that you understand some of the ideas you have been reading about. Although there is a clear true or false decision to be made, showing how you can give reasons for your decision is very important too. You should answer these questions from your study of Unit 5.
For each statement you should say whether it is true or false and explain your reasons for your decision.
Question 3
This question encourages you to think about how the concept of judicial precedent works and why that concept is important. You should answer this question by applying your study of Units 5 and 6.
You will need to provide a definition of judicial precedent in your own words. You will then need to explain why judicial precedent is an important concept.
Question 4
This question requires you to think about why the skill of writing in your own words is important and then to apply that skill by paraphrasing a short piece of text.
Finally
You must demonstrate the ability to find and select relevant material.
You must demonstrate the ability to address the questions asked. This is very important – you must be clear about exactly what you are being asked to address.
Every sentence in your TMA must in some way or another contribute to your overall answer.
Your TMA should be checked prior to submission so that you have addressed any spelling or grammar mistakes. [Show Less]