Assessment criteria

The first point that needs to be made is that assessment criteria may differ from module to module and from university to university so your initial task must be to locate the assessment criteria for your module. This should then be used as a checklist for what you are to include in your assessment. 

In relation to coursework, examinations and other assessments it is likely that the assessment criteria for tort law may include the following:

Knowledge and understanding– You must be able to describe and understand the concepts underlying tort law. It is important that you demonstrate your knowledge of the law by identifying the actual legal issues behind the facts of the problem being posed and that you demonstrate your understanding of the law by applying the relevant law to the facts in question.

Analysis – it is not enough to describe the knowledge you have acquired: you must also be prepared to evaluate that knowledge, to point out the problems with it, to weigh up its significance and long-term implications. Identify the principles of law that are relevant to the issue(s) and explain the legal principles, giving authority (case law or statute, as appropriate). The law must be applied to support your discussion. You must focus on constructing a logical argument and make a sensible attempt to apply the law to the factual issues.

Presentation– your writing must be fluent and structured. You must use appropriate language and referencing. You should avoid plagiarism and take an original approach to the question you are set. Work out an argument that demonstrates your approach and your answer should deliver your argument.You must demonstrate that you have understood the question that is being asked and must answer that question.

Use of authority– you must demonstrate evidence of wide reading in relation to the subject matter, including critical academic commentary where appropriate. This requires legal research skills. Your knowledge of authorities must be accurate, up to date, and appropriate for the question that has been set and must be referenced. Where necessary you will have to demonstrate this, through proper referencing and a bibliography.

Relevance – you must also exercise judgement about what material you will use in your essay. Not everything you know about the subject will be relevant and you must therefore avoid the temptation simply to write all you know about an area of law. A key skill is the ability to discard the irrelevant and ensure that the relevance of what you retain is made clear to your reader.

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