Law Reports : their
use in examining ….
what exactly?
Course in question
Post-graduate students - MSc / PgD / PgC
Mostly on RICS accredited Rural Land Management
programmes.
i.e non law students studying law.
Starting points
2:1 honours degree or equivalent.
But no pre-requisite subject area.
Some have relevant first degrees (e.g. Agriculture,
Environmental Science, Farm or Countryside
Management).
Some have subjects of general applicability
(e.g. Law, Business).
Others come with unrelated backgrounds
(e.g. History, Music).
Impact of first degree
Patterns unreliable as subjects so spread with
relatively small numbers but :
- grade more important than subject
- work experience has favourable impact
- no measurable difference in academic
performance based on subject
Module in question
Machinery of Government
Essentially an introduction to law :
constitutional and administrative together with a
(brief) overview of the English legal system,
contract and tort.
Teaching
Intensive one week block on campus
- 9-5 + homework.
Directed study.
Assignment looking at emerging legislation.
Examination.
Previous ALT Conference idea
ALT, Cardiff 2011 - paper by Dr Lars Mosesson of
Bucks New University on the use of oral examination.
Students given four cases to study.
At the oral they present on a case of their choice and
then pick a card and are questioned on that random
choice from among the other three.
They can bring A4 page of notes on each case and law
report provided in viva so test is of preparation and
understanding, not memory.
Problem
Would like to have lifted this idea wholesale
but student numbers (up to 30, 20
minimum), particularly with the need for
another colleague to assist in moderation,
precluded setting up for so many students.
Looking at Lars’s presentation made me review the
assessment process.
For quite a number of years there had been a
traditional, unseen, exam paper, albeit with (I think )
relatively interesting and extending questions.
What do we want to
assess?
What are the purposes of
assessment beyond
grading?
Does the current /
proposed assessment
medium achieve its aim?
What do we want to assess?
• a base of factual knowledge
• the ability to assess problems and marshal
thoughts
• to apply base knowledge and primary legal sources
to answering problems
• to understand the practice and difficulties in
applying the law to practical problems
Why assess through examination?
Much post-graduate assessment done through
coursework.
Potential issues :
• With 100% coursework, without have an unwieldy
project students study to assignment with inevitable
gaps.
• Independent work?
Exams retained to :
• ensure students’ own work
• enforce engagement with materials
Potential issues :
• Fact based learning (partially addressed by open
book exams)
• Not achieving level 7 characteristics with new
subjects
Revised exam
Five key cases from across syllabus given
2 months ahead.
Exam requires questions (not given ahead)
to be applied to own choice of three cases
from the five.
Exam is open book, so any materials can
be brought in.
LORD HOFFMANN
My Lords,
1. The appellant David Thorner is a Somerset farmer who, for
nearly 30 years, did substantial work without pay on the farm
of his father’s cousin Peter Thorner. The judge found that
from 1990 until his death in 2005 Peter encouraged David to
believe that he would inherit the farm and that David acted in
reliance upon this assurance. In the event, however, Peter left
no will. In these proceedings, David claims that by reason of
the assurance and reliance, Peter’s estate is estopped from
denying that he has acquired the beneficial interest in the
farm.
The judge found the case proved but the Court of Appeal
reversed him.
The Cases
• Caparo v Dickman [1990] HL
professional negligence
• Charles Terence Estates v Cornwall Council [2012] CA
ultra vires in both public and private law
• Penny v Penny (1868) Ch
compulsory purchase
• Stannard (t/a Wyvern Tyres) v Gore [2012] CA
Rylands v Fletcher, negligence
• Thorner v Major [2009] HL
land law, proprietary estoppel
The Questions
Using the subject area of your chosen case,
consider :
• how the law in this area has developed from
the 19th century to date
• the impact of the chosen case on that
development, and
• the operation of judicial precedent - with
cases drawing on both common law and
legislative frameworks.
Preparation
Revision class and online materials :
• Case names and access details given
• Reminder of how cases work
– what judges draw on to come to decision
– interaction with legislation
… etc.
• Review / discussion of main points
Results
Module marks similar
have tried traditional exam, preseen questions, closed and open
book - results spectrum similar
but …
Engagement with materials
• enforced reading of full law reports
• preparation for working life - non-law
(and law?!) students do not always fully
engage with primary legal sources but
they need to be comfortable with them
for professional life.
Student feedback
Would not have read full law report if not enforced to.
Gained different understanding than from reading
textbook summaries.
Tied in well with DVD on Supreme Court judges.
?
Association of Law Teachers’ Annual Conference
Nottingham Trent University
March 2013
Carrie de Silva
Harper Adams University
 01952 915304
 cdesilva@harper-adams.ac.uk