Faculty of
Business and Law
Assignment Brief 2022/2023
Unit Title: Adult Relationships and the Law
Unit Code: 456Z0065_2223_9 Core: No Level: 6
Assignment Task: Critical analysis essay
Unit Leader: Naomi Kelso
Contact Details: N.Kelso@mmu.ac.uk
Submission Date: Feedback Return Date:
th
9 January 2023 by 21:00 hours 6th February 2023 via moodle
Submission Instructions:
Submit your work as one document electronically to the Turnitin link on the Adult relationships
and the Law Moodle Area. YOU DO NOT NEED TO SUBMIT PAPER COPIES OF YOUR
ASSESSMENT.
Feedback Return Information:
Marks will be provided electronically on Moodle on the Feedback return date. Please note that to
see your feedback you will have to log into Moodle via a computer or laptop (not a smart phone or
I Pad).
Assignment Title:
Critical analysis of one of a choice of key cases in the topics of financial remedies, cohabitation or
domestic abuse – 2000 words maximum. You are advised to write at least 1800 words in order to cover
the issues required. Words exceeding the word limit will not be marked.
Unit Learning Outcomes Assessed:
This assessment assesses the following Unit Learning Outcomes
Learning Outcome 1: Use and apply knowledge and understanding of family law and the social
context in which the law is generated and operates to evaluate legal reform
Learning Outcome 2: Critically analyse a given topic, and compare and contrast with other topics
to contextualise broader themes in family law
Learning Outcome 3: Research and evaluate legal and theoretical arguments to construct fully
referenced and well-supported conclusions in relation to legal regulation of the family
Assignment Details and Instructions.
Choose one of the following questions:
1. Critically assess the impact of White v White [2000] UKHL 54 on the
development of the judicial approach to financial remedies cases. Would
further judicial intervention resolve the issues raised by this case and its
subsequent use as a precedent or is statutory reform needed? [2000 words]
2. Critically assess the impact of the case of Stack v Dowden [2007] UKHL 17
on the development of the judicial approach to cohabitation cases. Would
further judicial intervention resolve the issues raised by this case and its
subsequent use as a precedent or is statutory reform needed? [2000 words]
3. Critically analyse the impact of the case of Yemshaw v Hounslow London
Borough Council [2011] UKSC 3 in defining domestic abuse. Does the
Domestic Abuse Act 2021 go far enough in protecting victims of abuse or is
further statutory reform needed? [2000 words]
Additional information:
1. Please refer to the assessment criteria for coursework at level 6 (provided below) for an
indication of how to achieve your full potential in this assessment.
2. The word limit does not include footnotes. You should include footnotes where
appropriate to reference sources referred to in the text. Footnotes do not form part of the
word count provided that they are only used for citation and referencing. You are
unlikely to cover all of the issues in any of the above topics unless you utilise all of the
word count.
3. Reference your work using the OSCOLA referencing guidance.
4. Any of the above questions can be answered without subheadings. However, you may use
subheadings if you choose to as an aid to structuring your work; subheadings will not
form part of the word count.
5. Write in the third person, i.e. avoid use of the word “I”.
6. You must use your own words – the assignment is designed to demonstrate YOUR
understanding (please see the short section on plagiarism below). Only use quotes that
are short and where the impact of the author’s viewpoint would be lost if it was expressed
in your own words. As a general rule it shows a much higher level of knowledge and
understanding to express an author’s opinion in your own words, still referencing the
source.
Support for the assignment:
All of the lectures and workshops are relevant to the knowledge required to successfully
complete this assignment. All of the workshop exercises within the unit have been designed to
support you with preparing for the assessment.
In particular you are directed to the critical essay framework document given out in week 11
(copy on moodle) for guidance on structure and content of your critical analysis.
Some specific assessment guidance will be provided within the lecture in week 11 of the unit.
Avoiding plagiarism:
Plagiarism is defined by the University as:
the representation of another person's work, without acknowledgement of the source, as
one's own; or
the unacknowledged incorporation in a student's work of material derived from the work
(published or otherwise) of another, examples of which are:
o the unacknowledged inclusion of another person's work;
o the unacknowledged summarising of another person's work;
o the unacknowledged and/or unauthorised use of the ideas of another;
o copying the work of another person with or without that person's knowledge or
agreement and presenting it as one's own.
NB Please note that you should put into your own words ideas that you read about in texts and
articles. Be cautious that you do not intentionally or unintentionally plagiarise from your source
material. You should be particularly careful not to do this from internet sites (i.e. simply cutting
and pasting). It is very easy to detect plagiarism in this form via Turnitin software. Always
provide and give credit to the author of a text or article.
Professional Skills developed:
This assignment will further develop your written communication and time management skills.
The specific skills being developed by this assignment, essential for employability and lifelong
learning, are:
1. Applying skills of critical analysis to real world situations;
2. expressing ideas effectively and communicating information appropriately and
accurately;
3. finding, evaluating, synthesising and using information from a variety of sources;
4. articulating an awareness of the social and community contexts within law.
LEVEL 6 - LLB STEP MARKING DESCRIPTORS FOR EXAMINATIONS AND EXTENDED WRITING
GRADE DESCRIPTORS
The following are general guidelines of the level of work that is expected in order to achieve the relevant grade.
FIRST Writing style - The work is communicated fluently and creatively in the appropriate form with precise use of English.
CLASS Structure- The structure is well conceived and clearly signposted. The paragraphs are clearly linked and create a seamless piece of
70%-100% work. The discussion of issues is in proportion to their importance.
Understanding - There is authoritative knowledge of the law and a clear grasp of the wider context in which the law operates.
Application - Applied the law convincingly to the issues in the question, and reached sophisticated conclusions. There may also be
speculation about alternative scenarios and conclusions that are extrapolated with precision.
Critical analysis - Persuasively assessed the strengths and weaknesses of the key arguments and very good critical analysis /
evaluation.
Research - Extensive reference to primary and secondary sources to support the points, and there is assessment of the value
those sources.
UPPER Writing style - The work is communicated clearly and confidently in the appropriate form and the writing style is very good.
SECOND Structure - The structure is well conceived and clearly signposted making the discussion easy to follow.
CLASS Understanding - The law is clearly and accurately explained with a very good level of understanding and there is understanding of
60%-69% the wider context.
Application - The law is confidently applied to most of the issues in the question, but some of the more nuanced points may have
been omitted. Justifiable conclusions are reached and there may be limited speculation about alternative scenarios and
conclusions where appropriate.
Critical analysis - There is the ability to identify, analyse and balance the key arguments with evidence of critical evaluation where
appropriate.
Research - There is very good reference to primary and secondary sources to support the points, although there may be little
attempt made to assess the value of those sources.
LOWER Writing style - The work is communicated effectively in the appropriate form and generally free of spelling mistakes and
SECOND grammatical errors.
CLASS Structure - The structure is clear and logical and the arguments flow from one to the next, but there may be some irrelevant
50%-59% material or repetition.
Understanding - Explained the law clearly and accurately and there may be some limited understanding of the wider context.
Application - Reasonable application of the law to the facts in the question and reached Justifiable conclusions.
Critical analysis - Identified competing arguments and there may be evidence of some basic critical analysis.
Research - Identified and used appropriate primary and secondary sources, but there may be no assessment of the value those
sources.
THIRD Writing style - The work is communicated in the appropriate form, but at times may contain some elements of weak expression.
CLASS Structure - The structure is reasonably well thought out and logical. There is some irrelevant material that does not address the
40%-49% question.
Understanding - The answer will have a largely accurate description of the relevant law, however, it might not be complete in
some respects. No reference to the wider context in which the law operates.
Application - There is a reasonable attempt to deal with the main issues in the question with mostly accurate application of the
law to the facts. The conclusions drawn are generally justifiable.
Critical analysis - There is a fair description of the key arguments, but there is no evidence of critical analysis.
Research - A limited number of primary and secondary sources has been used, but there is the occasional omission of a key case
or other key text.
MARGINAL Writing style - The communication of the work is inadequate and is likely to contain a number of grammatical and spelling errors.
FAIL Structure - The structure will be adequate, but at times may be unclear / illogical with paragraphs not flowing smoothly into each
35%-39% other. There may be a lot of irrelevant material and repetition.
Understanding - There is basic knowledge of the law and the main legal points are described and explained, but they may be
some errors or omissions. No reference to the wider context in which the law operates is expected.
Application - Only the key issues are discussed and the application of the law to the facts is weak in places. Some very basic
conclusions are drawn.
Critical analysis - There is basic comment on the key legal arguments, but no critical evaluation.
Research - There will be reference to a very small number of key sources, and some of those sources may be misused / incorrect.
CLEAR FAIL Writing style - The communication of the work will be very weak and may not be in the appropriate form.
0% - 34% Structure - The structure will be poor and confused at times. There may be a lot of irrelevant material and repetition.
Understanding - The level of knowledge shown will be superficial and there will be inaccuracies in the description of the law.
Application - Only a few key issues will have been addressed and the application of the law to the facts will be poor and contain
several errors and omissions. The conclusions may be inappropriate, or in some cases not drawn at all.
Critical analysis - There will be no critical analysis at all.
Research - There will be barely any reference to sources. The sources may be incorrect.
