TMA 03
English Legal System (Law)
Instructions:-
TMA 03
The cut-off date for TMA 03 is 12:00 midday (UK local time) on 22 March 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 03 consists of three questions. You should answer all questions in this TMA. Your answers should be written in your own words. You do not need to use additional resources to complete your answers. All the information you require is provided in the module materials.
It is important that your answers are written in full sentences and in clear and concise language. You should write in formal English and you should take care to ensure that your language is grammatically correct. Your work should be arranged into paragraphs and you should avoid using bullet points and other types of lists. Please write your answers in the third person except question 3 which should be written in the first person.
It is important to write in your own words. This means that you should explain the content of the module materials by reformulating the words within them. The OU Law School Undergraduate Assessment Guide contains guidance on writing in your own words.
The total word limit for TMA 03 is a maximum of 1250 words. Remember, all the words you use to answer the questions, including quotations and citations count towards the overall word limit.
We would suggest that you use the following number of words for each question:
Question 1 750 words
Question 2 350 words
Question 3 150 words
You must provide a reference list and a word count. The reference list is not included in the word count.
Questions
Question 1
Explain the tribunal system in England and Wales. Discuss whether tribunals are effective in the delivery of justice.
(60 marks)
Question 2
Ernest was rushing to work this morning. He was driving too close to the car in front, which was driven by Isabella. Isabella had to brake hard when a child stepped out in front of her car. Ernest was slow to react as he was on his mobile phone and he drove straight into the back of Isabella’s car.
Explain whether Ernest is likely to be held civilly liable for the damage to Isabella’s car.
(30 marks)
Question 3
Reflect on your preparation for this TMA and identify one example of what you need to improve upon in preparation for TMA 04. Explain what steps you will take to ensure that the area for improvement is achieved in TMA04 and explain how you will prioritise these steps.
(10 marks)
Learning outcomes
TMA 03 tests the following learning outcomes:
Knowledge:
•explain tribunals and discuss their effectiveness in the delivery of justice
•explain and apply the concept of civil liability
•demonstrate and apply reflective practice (Question 3).
Skills:
•research and discuss legal principles in a logical and coherent way
•present and structure information clearly and make accurate use of the English language and legal terminology
•reference and cite relevant material.
Advice
The OU Law School Undergraduate Assessment Guide contains definitions of words used in TMA questions. It also gives advice on referencing and the reference list that you must produce and include at the end of your work. You should read this guide before attempring TMA 03.
This TMA is designed to test your knowledge and understanding of units 11, 12, 13 and 14.
Question 1
This question asks you to explain tribunals in England and Wales. You will need to explain the role and the characteristics of a tribunal. You may want to include some examples of tribunals. The second part of the question requires you to discuss the effectiveness of tribunals. To do this you may want to consider the strengths and weaknesses of the tribunal system.
This is an essay question. You should review the advice on how to construct an essay in Unit 7. An essay should have an introduction, main body and a conclusion. Before starting this question you should consider the feedback your tutor provided in TMA 02 on answering essay questions.
Question 2
This question asks you to apply the concepts of civil liability to a factual situation. You have been given a set of hypothetical facts. Using your knowledge and understanding of civil liability you need to explain the legal position that arises from the facts. Unit 14 provides you with the reading materials relevant to this question. You should not discuss criminal liability.
You need to consider whether Ernest is likely to be liable for the damage he causes to Isabella’s car. To do this, you need to apply the test for negligence in relation to civil liability.
You need to show that you understand and can explain the concept of civil liability. You need to analyse the factual situation and apply the law to Ernest’s actions and reach a reasoned conclusion. We recommend that you state the law that enables you to answer the question, work out how the law would operate in relation to the question and then reach a conclusion that answers the question.
This is a problem question and you should review the guidance on answering problem questions in Unit 10.
Question 3
This question encourages you to think about how you prepare for your TMAs. In particular, it asks you to reflect on the process of preparing for this TMA and to identify what steps you will take to help you improve in your preparation for TMA 04 and how you will prioritise them.
Finally
•You must demonstrate the ability to find and select relevant material.
•You must demonstrate the ability to address the questions asked. This is very important – you must be clear about exactly what you are being asked to address.
•Every sentence in your TMA must in some way or another contribute to your overall answer.
•Your TMA should be checked prior to submission so that you have addressed any spelling or grammar mistakes.
Once your TMA has been marked and returned, you should reflect on your tutor’s comments and make notes on anything you want to do differently for the next TMA.
Solution
English Legal System (Law)
TMA 03
Answer Question 1.
The tribunal in the united system refers to the national system of delivering justice that works in conjunction with non-departmental public bodies. Through the tribunals, justice is administered through resolving disputes in a similar way to normal courts but using different procedures and rules. It is also important to note that the tribunals are only operational within specific regions in the United Kingdom (The Open University, 2017a, 1.0). The operation of the tribunals is based on the need to resolve disputes that require less expertise compared to disputes that require the intervention of a law makers. However, if the decisions reached through the tribunals fail to meet the satisfaction of the parties involved, the cases are required to proceed to the court system where they may be addressed through the UK Supreme Court and the Court of Appeal. Through this overview, it becomes clear that despite the independence that tribunal have from the court, they are still significantly overseen by the judiciary. Despite the little involvement that tribunals have had in involving law makers, a trend has been witnessed in the system where complaining parties have often come to be represented by lawyers. Examples of the tribunals that have been put in place include, the Gender Recognition Panel, The Company Name’s Tribunal, Employment Tribunals, the Planning Inspectorate Tribunal, and the Office of Fair Trading adjudicators (The Open University, 2017a, 2.4). Despite the independence that these tribunals have had, there have reforms that have been implemented over the past few years in attempt to guarantee that a unified system is established with the aim of recognizing judiciary authority, regulatory supervision, and routes of appeal. All the regulation and implementations of policies are overseen by the Senior President of Tribunals who is the head of the UK tribunal system.
In the recent implementations that were made on the tribunal in the year 2007, the Tribunals have acquired a structure that is legally recognized whereby the members of the tribunal are referred to as members of the Judiciary of the United Kingdom. However, despite the recognition that they have gained as part of the judiciary, they continue to enjoy independence from the judiciary. Through the new Act, the tribunals were divided into two, namely the First-tier Tribunal and the Upper Tribunal. The tribunals are later subdivided into chambers that are grouped under diverse subheadings. All members who engage in the tribunal and have qualified are referred to as the Judges. The right to appeal from one tribunal to the other is guaranteed if a question of law arises with the aim of establishing whether the decision reached is indeed fair (The Open University, 2016). Through the new Act, the Senior President of Tribunals is recommended by the Lord Chancellor and later approved and appointed by the Queen. Through the tribunal’s judgment, there is the right to impose orders and fines, and to carry out a warrant of execution.
It is inevitable to note that he procedures involved in decision making in the tribunals are heterogeneous. Despite the significance that the tribunals have, it is important to note that they do not abide by the common legislation laws that are incorporated into the court procedures by the judiciary. The powers to exercise an independent right to judgment is guaranteed by the power that has been granted to the tribunals by an act of parliament. In spite of this independence, decisions reached by the tribunals are often open for criticism by the court. Through this, the tribunals are required to ensure that they reach a common rule on how most of the decisions are reached to avoid conflict (The Open University, 2017a, 7.1). Among the boundaries that have been established for the tribunals by the judiciary is aimed at guaranteeing that a fair hearing is given to all parties, to make decisions that are rational, to give reason for the decision reached, and give the right to all decisions to be reached by unbiased individuals. Through this evaluations, it is important to note that despite the independence that the tribunals have from the court system, they have established a standard manner in which disputes are addressed. It is through this measures that all decisions reached are in the best interest of the case at hand. The tribunal has also provided an opportunity to diverse individuals to have their conflicts resolved outside court which is more suitable.
Answer Question 2.
Through properly analyzing the case, it is evident to state that Ernest is in the wrong given that there is a limited number of meters that each car should have between the other. This is done to ensure that the occurrence of such as incident as witnessed in Isabella’s case does not result in more damage than expected in instance where immediate reaction to a situation is required. An evaluation of car driving policies also clearly indicates that the use of mobile devices while driving is prohibited (The Open University, 2017b,1.2). This is based on the significant impact that the use of mobile phones have in distracting the driver resulting in a significant chance of causing an accident as witnessed in Ernest case. Through the reasoning that has been provided, it clear that Isabella reacted in the best way possible given the situation at hand. However, Ernest caused the accident caused the accident as he had not only drawn too close to Isabella but was on his phone which made it impossible for him to instantly react to the situation by instantly breaking which would have been possible had he been keen on the road. Based on this understanding, it is correct to conclude that Ernest is liable to be prosecuted for not observing driving laws as he exceeded the limit in space that should be there between one car and the other. Furthermore, it is his ignorance in using a mobile phone that made him not respond in the best manner possible which would have significantly limited the occurrence of the accident (The Open University, 2017c, 3.1). Thus, it is correct to state that all damages that were evident on Isabella’s car should be transferred to Ernest for compensation to the damages caused out of ignorance.
Answer Question 3.
Among the significant factors that I should change while preparing for the next assessment is in substantially analyzing the questions at hand. Through this, I will have a clear understanding of the approach that I will take while establishing answers to the questions. Understanding the questions will help in looking at the bigger picture which will be made possible through looking at secondary sources to guarantee that the argument that I wish to present is in line with the primary sources that have been presented. Through this approach, it will be possible to give clear answers in a systematic manner(The Open University, 2017d, 1.1).
Reference List
The Open University (2017a). W101 Unit 11: Tribunals. The Open University. Walton Hall, Milton Keynes. Available at https://learn2.open.ac.uk/mod/oucontent/view.php?id=851780(Accessed 23rd March 23, 2017).
The Open University (2017b). W101 Unit 13: Judicial reasoning and politics [Online]. Available at https://learn2.open.ac.uk/mod/oucontent/view.php?id=851784 (Accessed 23rd March 23, 2017).
The Open University (2017c) W101 Unit 14: Concepts in Criminal and Civil Liability. [Online]. Available at https://learn2.open.ac.uk/mod/oucontent/view.php?id=851789 (Accessed 23rd March 23, 2017). The Open University (2017d). W101 Unit 12: The Judiciary. [Online]. Available at https://learn2.open.ac.uk/mod/oucontent/view.php?id=851782 (Accessed 23rd March 23, 2017).