Employment Law essay

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Employment Law essay

Employment Law essay Project description Write a 1500 word case note on the decision of the Supreme Court in Attrill v Dresdner Kleinwort Ltd [2013] EWCA Civ 394 . Referencing: Students must reference sources using the Oxford Standard for the Citation of Legal Authorities (OSCOLA). The governing criterion for the highest marks in excellence judged in terms of the student˜s ability to undertake legal reasoning , to demonstrate a high level of understanding of the relevant legal principles and provide a a high level of critical analysis of the Attrill decision. Critical analysis is concerned with probing and testing material for truth. Critical analysis involves either : “testing a statement of the law against other, authoritative statements of the law to see whether it is correct in law; or “examining a statement of the law to see whether it accurately expresses or summarises other cases; or “testing a statement to see whether it is clear and unambiguous; or “testing a statement of the law against claim made for it by a judge; or “examining a body of material to examine the contextual or theoretical background underpinning a statement of the law GUIDANCE (i) Preliminary Matters Read the case. Identify the issues that the court was asked to decide. Read all relevant authority cited by counsel and the court. Study counsel˜s arguments to familiarize yourself with the opposing arguments. Read case notes in leading academic journals to see how other authors approach their topic. A recent example is by Roseanne Russell, ?Malone and others v British Airways plc: protection of managerial prerogative?? (2011) 40 ILJ 207 (ii) How is a case note organized? The Australian National University guidance helps here. An effective case note requires good organization and clear analysis. Generally, includes the elements below. The following scheme is a flexible guideline. You do not need to use these sub-headings. ) Introduction Establish the context in which the case was decided. What practical problem had arisen? What was the legal problem the court had to resolve and how, if at all, was the law in doubt before Attrill? Facts Include only the relevant legal facts presented in a clear, concise, and interesting manner. Decision State the court˜s decision on each relevant issue. Analysis Describe and critically analyze the court˜s reasoning and decision. Remain objective, but do not be afraid to express original ideas. See Russell˜s case note (above) for an example of effective legal analysis Critical analysis is concerned with probing and testing material for truth. Critical analysis involves either : ? testing a statement of the law against other, authoritative, statements of the law to see whether it is correct in law; or ? examining a statement of the law to see whether it accurately expresses or summarises other cases; or ? testing a statement to see whether it is clear and unambiguous; or ? testing a statement of the law against claim made for it by a judge; or ? examining a body of material to examine the contextual or theoretical background underpinning a statement of the law Conclusion Bring your case note to a culmination by reinforcing the impportance of the decision in Attrill

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