Legal Research and Writing Skills Portfolio in Law Assessment

Assignment Task

Portfolio

This assessment focuses on developing your research skills in addition to your legal and academic writing skills. The portfolio assessment has four parts. You are required to complete all four parts of the assessment. Use a variety of different resources to support your arguments, including legislation.gov.uk website, Westlaw/Lexis, University of Essex e-resources and the eBook available in this module. Please also remember to apply correct referencing and citations throughout your written work

Part A - Researching Primary and Secondary Sources

Using Westlaw or Lexis through the University of Essex, find the Divorce, Dissolution and Separation Act 2020 and associated statutory instruments. Please click for University of Essex Library information on findin legeislation and su p port on the Lexis and Westlaw legal databases .

Answer the following questions:

• What was the date of the Royal Assent and the commencement date of this legislation?
• Were there any parts of the legislation that did not apply to all of the United Kingdom?
• According to the 2020 Act, who can apply to the court for a divorce order, and according to which section?
• In s 3(5) the Divorce, Dissolution and Separation Act 2020 introduced changes to s 44(4) of the Civil Partnership Act 2004. Clearly identify what changes were made.

Part B - Paraphrasing Task

Paraphrasing is when you use your own words to express something that was written or said by another person. Apply paraphrasing to the following:

• S1(1) and 1(2) of the Animal Welfare Act 2006 provides a definition of ‘animals’ to which the Act applies. Explain by use of paraphrasing what is an ‘animal’ according to this definition.
• Section 18(1)-(4) of the 2006 Act provides statutory powers in relation to animals in distress. Explain by use of paraphrasing what are the powers and to whom they were granted.
• By use of paraphrasing of s 38(1) and (2) explain when a court may not make an order concerning destruction of animals involved in fighting offences.

Part C - Reading Cases

Read the case of R v Howe & Bannister [1987] 2 WLR 568 and answer the following questions:

• In which court was the case tried, and what were the names of the judges?
• Explain the facts of this
• The Lord Justices all identified and explained their ‘reason for the decision’ they reached in this case. Identify and explain the ratio decidendi of the case.
• In this case Griffiths LJ considered in his obiter dictum a situation of an attempted murder. Identify and explain Griffiths LJ’s obiter dictum .

Part D - Interpretation of Statutory Provision to Given Scenario

Anna and Maria are sisters and professional equestrians. They are proud owners of Delta, a famous Arabian horse. Delta won many medals during competitions, including five Olympic gold medals. During a training in a livery yard with Maria, Delta took a bad step and stumbled. Her ankles suffered compound fractures. Her condition was so dire that she could not be removed from the yard. Maria called a veterinary surgeon who said that nothing can be done for the horse and that it is in Delta's interest to be destroyed, otherwise she will suffer and, eventually, die. There is no reasonable alternative, in the opinion of the surgeon. Anna does not want to end Delta's life, despite all the medical arguments.

Applying the relevant rule of statutory interpretation, interpret the relevant statutory provisions of the Animal welfare Act 2006 (from Part 2: Paraphrasing Task) to decide whether Delta can be destroyed.

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