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Legal Method Case Study

5808 words - 24 pages

Legal Method practice coursework

Nottingham Trent University Nottingham Law School Department of Academic Legal Studies

Legal Method Practice Coursework Deadline for submission : NLS Week 15 (NTU week 28)

PART A is worth 80% of the marks for this practice coursework PART B is worth 20% of the marks for this practice coursework1

PART A Read through the attached extracts from Jack v. Wessex County Council [1999] and answer the following questions:

1.

What were the material facts in the case?

2.

Explain, in your own words, the legal issue(s) in the case

3.

Which technique(s) of statutory interpretation, rules of language and/or presumptions do you consider that ...view middle of the document...

You will receive very little credit if you use quotations to explain the material facts, legal issue and/or ratio decidendi.

PART B Read through the following scenario and then answer the question below in respect of it. Rachael began her training contract at a regional firm of solicitors, James & Co, in October 2012. She quickly found her work environment uncomfortable and embarrassing as she was treated by the partners and administrative staff alike as little more than a dogsbody and was often spoken to in an inappropriate way; in particular one of the associate partners, Steven, would regularly touch her on the bottom and breasts in a “jocular” manner. Rachael complained to the Managing Partner about Steven but was told that it was simply part of being a trainee and that she would have to put up with much worse if she were in one of the ‘Elite Circle’ London firms so she ought to be grateful. Rachael talked about the situation to her friend Fiona, who worked for a broadcasting organisation as an assistant documentary producer. Fiona suggested that her boss might be interested in meeting with Rachael to discuss matters as they were currently producing a documentary on the way in which junior staff were treated in large professional organisations. Rachael met with Fiona’s boss who was keen to include Rachael’s experience in the documentary but stated they could only do so if Rachael were to get some undercover footage of the behaviour. Rachael was provided with a small camera and audio recording equipment by the broadcasting organisation to record her experiences. She hid them upon her person and made numerous recordings of Steven’s increasingly inappropriate behaviour towards her, as well as recordings of the general work environment and further conversations she had with the Managing Partner as to Steven’s inappropriate behaviour. Rachael handed the tapes over to Fiona and they were used in the documentary.

James & Co Ltd is threatening to sue both Rachael and the broadcasting organisation for defamation following the portrayal of the firm in the documentary and is looking for a sixfigure compensation sum. How would you advise Rachael to fund her defence case in such a matter? What are the possible cost implications for Rachael if James & Co were to succeed in their claim?

PART B WORD LIMIT: 500 words

Page 2 of 14

Legal Method practice coursework

Assessment criteria Your answers should: PART A 1. Be clear, accurate and concise 2. Be clearly written, using correct grammar and spelling 3. Be well presented 4. Be well referenced 5. Contain only relevant information 6. Demonstrate a comprehensive understanding of the case including the ability to ascertain the material facts, legal issue and ratio decidendi 7. Demonstrate an ability to recognise techniques and aids to statutory interpretation PART B 8. Demonstrate accurate factual analysis 9. Demonstrate clear, accurate and concise statements of law applicable to the key facts...

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