Briefly outline where the ideas for new Acts of Pa

Briefly outline where the ideas for new Acts of Parliament originate from.

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TMA 01

The cut-off date for TMA 01 is 12:00 midday (UK local time) on 13 December 2017.

This is the latest date by which your TMA must reach your tutor. You must submit your TMA using the online TMA system.

TMA 01 consists of four questions. You are expected to answer all questions in this TMA. Your answers should be written in your own words. All the information you require is provided in the module materials. You do not need to use additional resources to complete your answers.

This TMA is designed to test your knowledge of Units 4–6.

The total word limit for TMA 01 is 1,000 words. All the words you use to answer the questions, including quotations and citations, are included in your word count.

We suggest that you answer the questions using approximately the number of words shown in the table below:

Question 1

200 words

Question 2

300 words

Question 3

350 words

Question 4

150 words

You must provide a reference list and a word count. The reference list is not included in the word count

Questions

Question 1

  • a.Briefly outline where the ideas for new Acts of Parliament originate from.
  • b.Explain what is meant by Royal Assent.

(20 marks)

Question 2

  • a.Explain why and how delegated legislation is controlled.
  • b.Explain what happens if the two Houses of Parliament do not agree on whether a Bill should become an Act of Parliament. Provide an example of an Act of Parliament that has come into force despite disagreement between the Houses.

(30 marks)

Question 3

Outline the role of the judiciary in the legal system of England and Wales. Identify one argument which supports, and one argument which contradicts, the contention that judges create law.

(35 marks)

Question 4

  • a.What have you found difficult about managing your time when preparing this TMA?
  • b.What would you do differently when planning and writing TMA 02?

(15 marks)

Learning outcomes

TMA 01 tests the following learning outcomes:

Knowledge and understanding:

  • explain why legislation is created and the role of Royal Assent
  • explain the role of democracy in the law-making process
  • explain the role of the judiciary in the law-making process
  • select and interpret key information from a range of sources, and represent it accurately and appropriately
  • read and discuss legal information
  • plan, study and manage a sequence of work to meet a deadline.

Skills

 


Advice

The OU Law School Undergraduate Assessment Guide  contains definitions of words used in TMA questions. It also gives advice 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 01.

It is important to write in your own words. The OU Law School Undergraduate Assessment Guide contains guidance on writing in your own words.

Questions 1 and 2 are short-answer questions so you need to produce a summary of the relevant sections of the module material in your own words. You should answer each question and part-question individually, labelling each with its number and, if relevant, letter – eg `1(a)`.

Question 3 requires you to use your knowledge of the module materials to answer a specific question, but it is not an essay, so you do not need to provide an introduction or a conclusion. Two or three paragraphs will be sufficient to answer this question.

No marks are awarded for referencing on this TMA, but you should ensure that you include at least one in-text citation, and a full reference, for each of Units 4, 5 and 6. Your tutor will give feedback on this aspect of your work, for which marks will be available from TMA 03.

Your answers to all the questions must be written in complete sentences arranged in paragraphs. Every sentence in your TMA must contribute to your overall answer.

Your answers to Questions 1, 2 and 3 must be written in a formal, impersonal style, avoiding the use of words such as ‘I’ and ‘you’.

Your answer to Question 4 is a personal reflection, so it should be written in the first person – that is, using ‘I’, ‘me’, ‘my’, etc.

You must demonstrate the ability to find and select relevant material.

It is very important that you are clear about exactly what you are being asked to do, and you must address the questions.

You should check your TMA carefully before submission, ensuring that you correct any spelling or grammar mistakes.

Question 1

This question is composed of two parts. Your answer to each part should be brief, bearing in mind the overall suggested word count for the question.

Part a requires you to outline where the ideas for new Acts of Parliament come from. You will need to use Unit 4, section 4 to help you answer this question. You will need to identify and summarise the most important parts of the section and write in your own words.

Part b requires you to explain what is meant by Royal Assent. You will need to use Unit 4, section 5 to help you answer this question. There is also one item of background information in Unit 4, section 3. You will need to identify and summarise the most relevant parts of the section and write in your own words.

Because Unit 4 will be the first unit that you mention in this TMA, its referencing suffix will be ‘a’. All your in-text citations, and the one full reference, for Unit 4 should therefore include ‘2017a’.

Question 2

This question is in two parts.

Part a is designed to enable you to demonstrate that you understand how and why delegated legislation is controlled. You should answer this question from your study of Unit 4, section 6.

In part b you are asked to explain what happens if the two Houses of Parliament do not agree on whether a Bill should become an Act of Parliament. You should answer this question from your study of Unit 4, section 5. You have also been asked to provide an example of an Act of Parliament which has come into force despite disagreement between the Houses. You can find some relevant example in Unit 4, section 5. You should consult the guidance in Unit 4, section 5.1 on how to cite an Act of Parliament.

Your in-text citations for Unit 4 in this question should include ‘2017a’.

Question 3

In this question, you are asked to explain the role of the judiciary in the legal system of England and Wales and to identify one argument which supports, and one argument which contradicts, the contention that judges create law. You should answer this question by applying your study of Unit 5, section 5 and Unit 6, sections 3, 4, 7, and 10.

You should outline statutory interpretation, the development of the law through the common law system, and judicial precedent in your answer. You are then asked to provide one argument which supports, and one argument which contradicts, the contention that judges create law. It is good academic practice to consider both sides to an argument and the purpose of this question is to introduce you to this important skill. Remember that this is not an essay question so you do not need to include an introduction or reach a conclusion. You just need to be able to demonstrate that you can identify one point in favour of, and one point against, the contention that judges create the law.

It is also good academic practice to use case law and/or legislation to support your points. You should refer to at least one case in your answer.

Because Unit 5 will be the second unit that you mention in this TMA, its referencing suffix will be ‘b’. All your in-text citations, and the one full reference, for Unit 5 should therefore include ‘2017b’.

Because Unit 6 will be the third unit that you mention in this TMA, its referencing suffix will be ‘c’. All your in-text citations, and the one full reference, for Unit 6 should therefore include ‘2017c’.

Question 4

Part a requires you to reflect upon what you found difficult about managing your time when preparing this TMA. You should be as specific as possible, identifying between one and three difficulties you experienced.

Part b requires you to build on your answer to Part a by explaining what you will do differently when you are working towards the deadline for TMA 02. Again, you should be as specific as possible. Self-reflection is an important part of your learning and will help you develop your study skills throughout the module.

Finally

When your marked TMA is returned, you should reflect on your tutor`s comments and make notes on anything you want to do differently for TMA 02

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