Explain Why the Human Rights Act 1998 was Passed - Law Assignment Help

Assignment Task:

Task:

Question1 

a. Explain why the Human Rights Act 1998 was passed, and describe how it enables the UK’s courts to ensure that human rights are protected.
b. Identify and describe the main primary and secondary sources of EU law. If Unit 8 includes any examples of the sources that you identify, you should provide one example of each source in your answer.

Question 2
Amateur history enthusiast Anna was stunned when she uncovered a hoard of Roman silver on farming land near her home. In the next field, Raj uncovered a corner of a Roman stone mosaic, underneath some copper spoons and some pieces of pottery. Anna and Raj had been metal detecting on the land every Saturday morning for the past ten years and had an agreement that they would equally share all finds. They had permission from the local farmer, Fred, who is the landowner, to use their metal detectors on the land.

The Roman silver is thought to have been buried in 365 AD and has been valued at £40,000. The hoard consisted of 669 fourth century Roman silver coins and 64 pieces of hack silver (scrap silver melted down, poured out and then cut up with a hammer and chisel). The Roman pottery is thought to date from the same era and work is ongoing to uncover the Roman mosaic.

Answer Parts (a), (b) and (c) using the extracts in Box 1 from the Treasure Act 1996. Note that in statutes, words referring to the masculine gender (e.g. he) should be taken to include the feminine gender (e.g. she).
a. Explain why the Human Rights Act 1998 was passed, and describe how it enables the UK’s courts to ensure that human rights are protected.
b. Identify and describe the main primary and secondary sources of EU law. If Unit 8 includes any examples of the sources that you identify, you should provide one example of each source in your answer.

a. Advise Anna whether the hoard she uncovered meets the definition of treasure.

1 Meaning of ‘treasure’.

(1) Treasure is –

[...]

(2) Treasure does not include objects which are –

[...]

3 Supplementary.
b. Advise Raj whether the mosaic, spoons and pottery that he uncovered meet the definition of treasure.
c. Advise Anna and Raj whether they have a duty to notify the coroner of their finds.

a. any object at least 300 years old when found which –
i. is not a coin but has metallic content of which at least
10 per cent by weight is precious metal;
ii. when found, is one of at least two coins in the same find which are at least 300 years old at that time and have that percentage of precious metal; or
iii. when found, is one of at least ten coins in the same find which are at least 300 years old at that time;

d. any object which, when found, is part of the same find as –
i. an object within paragraph (a) [...] found at the same time or earlier; or
ii. an object found earlier which would be within paragraph (a) [...] if it had been found at the same time.

a. unworked natural objects, or
b. minerals as extracted from a natural deposit,

TMA 02: View as single page 13/01/2021, 08:05

https://learn2.open.ac.uk/mod/oucontent/view.php?id=1697281&printable=1 Page 4 of 10
(1) This section supplements section 1.

(2) ‘Coin’ includes any metal token which was, or can reasonably be assumed to have been, used or intended for use as or instead of money.

(3) ‘Precious metal’ means gold or silver.

(4) When an object is found, it is part of the same find as another object if –

(5) If the circumstances in which objects are found can reasonably be taken to indicate that they were together at some time before being found, the objects are to be presumed to have been left together, unless shown not to have been.

(6) An object which can reasonably be taken to be at least a particular age is to be presumed to be at least that age, unless shown not to have been.

[...]

8 Duty of finder to notify coroner.

(1) A person who finds an object which he believes or has reasonable grounds for believing is treasure must notify the coroner for the district in which the object was found before the end of the notice period.

(2) The notice period is fourteen days beginning with –
a. they are found together,
b. the other object was found earlier in the same place where they had been left together,
c. the other object was found earlier in a different place, but they had been left together and had become separated before being found.

a. the day after the find; or

Question 3
b. if later, the day on which the finder first believes or has reason to believe the object is treasure.

a. Indicate the order in which you should have gone through these steps to answer Question 1:

(1 mark)
i. make notes
ii. plan your answer
iii. read the question and associated advice
iv. write your answer
v. retrieve the information.

b. Which one of the steps in Part (a) did you feel most confident about? Give reasons for your answer.

(3 marks)

c. Which one step in the IRAC method of answering problem-style questions did you find most challenging in Question 2? Give reasons for your answer.

(3 marks)

d. Look at the TMA 01 feedback your tutor gave you on the PT3 form and on your script.

i. Choose one quotation of up to 25 words that you found helpful, and quote it in your answer. This quotation will not be included in your word count.
ii. Explain how you plan to use this piece of feedback you have quoted when you are preparing TMA 03.

(3 marks)

Learning outcomes
This TMA tests the following learning outcomes:

Knowledge and understanding:
describe the legal foundations of human rights in the UK
identify and describe the sources of EU law.

Skills:
access, and make notes on, information from a range of sources
write using a clear and logical sequence of sentences and paragraphs appropriate for the level of study, subject and audience
answer a problem-style question reflect on your own learning.

General advice
The OU Law School Undergraduate Assessment Guide contains definitions of words used in TMA questions, and provides guidance on in-text citations and the reference list that you must produce and include at the end of your work. You should read this guide before attempting TMA 02.

It is important to write in your own words. This means that you should explain the content of the module materials by reformulating the information within them.

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