LAW.LEGAL METHODS

Order Description
Coursework should be submitted in the boxes provided on Level 4 or in the case of Online Distance students only in the online drop box on Moodle.

PLAGIARISM

Plagiarism. “The University defines this as the practice of presenting the thoughts, writings or other output of another or others as original, without acknowledgement of their source(s) at the
point of their use in the student’s work. All materials including text, data, diagrams or other illustrations used to support a piece of work, whether from a printed publication or from electronic
media, should be appropriately identified and referenced and should not normally be copied directly unless as an acknowledged quotation. Text, opinions or ideas translated into the words of the
individual student should in all cases acknowledge the original source.”
For further information please see
http://www4.rgu.ac.uk/files/A3%2D22011%2D12.pdf

Before submitting assignments, you should check through it to ensure that:

all material identified as originally from a previously published source has been properly attributed by the inclusion of an appropriate reference in the text;

direct quotations are marked as such (using “quotation marks” at the beginning and end of the selected text), and

a citation has been included in the list of references at the end of the text.

NOTE
The penalty for late submission of a piece of coursework is that the coursework is failed. There are penalties for deviating substantially from the word length and for poor referencing. (A
deduction of 10 percentage points will be made from the final grade for failing to follow the referencing conventions set out in OSCOLA, the Law School Student coursework and Dissertation
Referencing Guide and its Appendices in the preparation of footnotes and bibliography, and a deduction of 10 percentage points will be made for deviations in excess of +/- 10% of any specified word
count). A penalty of a deduction of up to 10 percentage points may also be made for poor spelling and grammar. You must include a statement on the front cover of your work that gives the word
count. A disc copy of your work should be available on request, to enable the marker to verify the word count.
Students are encouraged to review their work using the JISC Plagiarism Detection Service.

If you, for genuine reasons, are unable to meet the hand in date, please note the following procedures:

The University operates a Fit to Sit Policy which means that if you undertake an assessment then you are declaring yourself well enough to do so.

Extensions – If you require an extension, you should complete and submit a ‘Coursework Extension Request’ Form. This form is available on the RGU website at
www.rgu.ac.uk/academicregulationsstudentforms or through the RGyoU Portal under the ‘My Results’ tab

You should submit the form through your RGU email account to your School. The School email address can be found at: www.rgu.ac.uk/academicregulations. Supporting evidence should be scanned and
included with the email.
COMPLETE BOTH QUESTIONS 1 and 2 – Question 1 is worth 40% of the overall marks. Question 2 is worth 60% of the overall marks. Each question must be fully and accurately referenced and contain a
separate bibliography. Work is assessed on the basis of research and sources used, referencing, structure, clarity of presentation including grammar and spelling, and accuracy of content.

1.Gordon Setter is a student who cares deeply about environmental issues. He and his friend Jack Russell decide to join a protest against the building of the Frump Intercontinental Golf Course and
Resort Hotel on a site of special scenic beauty and scientific interest on the outskirts of Inverness. Gordon is concerned that the natural habitat of the very rare Highland Water Vole will be
destroyed by the work. He and other protestors stand in front of the bulldozers to prevent them from entering the site and refuse to move when requested to do so. Gordon stays silent but carries a
placard and wears a T-shirt both of which bear the slogan “Highland Water Voles: the forgotten victims”.
The police are called. They arrest and charge Gordon with the offence of breach of the peace. He is charged “that he did conduct himself in a disorderly manner, stand in the roadway, impede the
free movement of traffic, refuse to move on and commit a breach of the peace.” He wishes to plead not guilty when his case calls at the Justice of the Peace Court.

As his solicitor, explain the law on breach of the peace to Gordon Setter and state with reference to the relevant law whether he is likely to be found guilty or not guilty. (600 words)

2. Write an essay of 900 words on Kerr v H.M. Advocate 1986 JC 41 explaining the appellate history and point of statutory interpretation at issue in the case. You should make reference to the
legislation under discussion in the case. You should explain the rules and principles of statutory interpretation and the extent to which you consider that any or more than one of these were
utilised by the court in its opinion in the case. Your answer should include reference one case in which Kerr was applied and another in which it was mentioned. It should also include 4 cases that
explain or illustrate the rules of statutory interpretation in your answer.