LAW1101 INTRODUCTION TO LAW
YOU MUST COMPLETE THE DETAILS BELOW
Word count (without footnotes) (maximum allowed 2 x 400 = 800):
State any approved extension date (and attach the course leader’s approval):
SCENARIO 1 :
A group of neighbours in your area are fed up with a house of uni students who continue to have late night parties, disrupting the neighbourhood. You and your neighbours want to take action? Mediation:
® Analyse your scenario…
® “It can be seen that a certain group of neighbours are dissatisfied with a local disruptive household….”
® Can you make assumptions? Have you spoken to the uni students, voicing your concerns? Have you contacted local law enforcement?
® Offer a definition of ADR and what it does
Alternative Dispute Resolution (ADR) is the procedure of settling disputes without litigation, arbitration, mediator or negotiation. It also gives parties in dispute the opportunity to work through disputed issues wiht the help of a neutral third party. It is faster and and less expensive than going to court to resolve a dispute. ADR, also allow parties to understand each other’s position and come up with more creative solutions that is not necessary to take it to court.
® Choose which ADR is most suitable for this situation (I would pick Mediation or conciliation) not litigation. Make sure you offer a second paragraph with a second dispute resolution. MAKE SURE YOU DON’T USE THE SAME ADR TWICE (or check with your lecturer if that’s okay)
® Argue why you chose these ADRs and how they relate to each scenario
® What laws protect the Uni students? Are there any? (11pm noise reduction?)
® Summarise your arguments, and pick which ADR is most suited to this scenario
Write Maximum of 400 words answer here:
Sally is pregnant when she and Billy separate. Sally tells Billy that she is not sure whether Billy is the father of the unborn child. They are both high profile sports people, but do not have much money. They are very angry with each other and do not understand the science behind DNA testing. How could they resolve this dispute?
Conciliation (Legal/ court alternatives) take into account that they want privacy
Write Maximum of 400 words answer here:
LIST OF REFERENCES:
MARKING CRITERIA FOR LAW1101 ASSIGNMENT 1
Quality of thinking skills: Identification and articulation of relevant dispute resolution processes Fails to identify and/or articulate one or more dispute resolution process Identifies and articulates the relevant dispute resolution processes but misses several minor issues Identifies and articulates the relevant dispute resolution processes but may miss one or two minor issues Identifies and articulates the relevant dispute resolution processes Identifies and articulates all relevant issues
Identification and articulation of advantages and disadvantages of the chosen dispute resolution processes Poor identification and articulation of the advantages and disadvantages and/or many significant errors Demonstrates mostly accurate identification and articulation of the advantages and disadvantages with some errors or points missed Demonstrates mostly accurate identification and articulation of the advantages and disadvantages with some minor errors or points missed Demonstrates accurate application identification and articulation of the advantages and disadvantages Demonstrates excellent identification and articulation of the advantages and disadvantages
Critical analysis and reasoning regarding the most appropriate dispute resolution process Little or no analysis and/or analysis difficult to follow Demonstrates mostly logical thinking, analysis and reasoning with some errors or points missed Demonstrates mostly logical thinking, analysis and reasoning with some minor errors or points missed Demonstrates a high level of critical thinking, analysis and reasoning Demonstrates a very high level of critical thinking, analysis and reasoning
Quality of research skills: Research Little or no evidence of original research Evidence of some original research Evidence of original research from a number of different sources Evidence of a high level of original research Evidence of a high level of original research which enhances application and analysis
Citation and referencing Many errors and/or little or no attempt made at referencing Mostly accurate – some minor errors Consistently correct
Quality of communication skills: Writing style, grammar and spelling Inappropriate style, tone and/or choice of language or many errors of spelling and/or grammar. Mostly appropriate style, tone and/or choice of language. Spelling and grammar mostly accurate. Appropriate style, tone and/or choice of language. Accurate spelling and grammar. Highly appropriate style, tone and/or choice of language. Spelling and grammar consistently accurate.
Structure – also including brief introduction, body and brief conclusion Poor structure and/or use of paragraphs or headings Mostly appropriate structure and/or some use of paragraphs or headings to enhance readability Appropriate structure and use of paragraphs or headings Excellent structure and use of paragraphs or headings