Letter of Advice: Legal Issues in Relationship Breakdown and Family Law LAW3012

Criteria

HD

DI

CR

PS

FL

Analysis of a factual scenario. Identification
and explanation of key legal issues demonstrating an understanding of the legal principles in family law (statute and common law) that pertain to the factual problem

Relevant issues of family law (including divorce, separation, property, children and any other relevant issues of family law) are identified and stated. Issues are described comprehensively, and linked to correct legal provisions and authorities delivering all relevant information necessary for full understanding.

Relevant issues of family law (including divorce, separation, property, children and any other relevant issues of family law) are identified, described, and linked to correct legal provisions and authorities delivering the majority of all relevant information necessary for full understanding.

Most relevant issues of family law (including divorce, separation, property, children and any other relevant issues of family law) are identified. Most relevant authorities and statutory provisions are identified and significant attempt made to correct apply these.

An acceptable proportion of the relevant legal issues (including divorce, separation, property, children and any other relevant issues of family law) and solutions are identified, and explored. Satisfactory identification of key areas of statute and common law that would apply, although this is not fully explained/developed and applied.

Few relevant issues (including divorce, separation, property, children and any other relevant issues of family law) and/or solutions are identified, or are stated incorrectly, without clarification or description. relevant legislation and common law is not identified or incorrectly identified. Little or no explanation or development.

Explanation of the relevant aspects of law including legislative, procedural and substantive aspects

Correct identification of the sections of statute together with comprehensive explanation of the relevant statutory and common law principles that apply, without error. Demonstrated clear reasoning. Clear and correct application of the law to the factual scenario.

Thorough and mostly correct explanation of relevant statutory,common law and procedural principles applicable with no errors. Some clear reasoning. Clear and correct application of the law to the facts of the scenario.

Adequate explanation of the relevant legislative and common law principles applicable with no errors. Correct identification of most statutory and procedural provisions that apply. A good standard of critical analysis. Correct application of the law to the facts of the scenario.

Adequate explanation of the relevant legislative and common law principles that apply with few errors. Satisfactory critical analysis. Demonstrates an acceptable understanding of the law and its relevance with limited errors that do not effect legal outcome.

Incorrect or no identification of relevant legislative and common law principles that apply. Incorrect assessment of the facts and relevant legal principles. Fails to demonstrate an understanding of the relevant law that applies or incorrect legal reasoning.

Evidence of legal research and knowledge with correct citation of sources

Use of appropriate and current case law, scholarly writing and legislative provisions. Synthesising sources to formulate arguments.

Use of appropriate and current case law and legislative provisions. Citations used correctly throughout paper and sources are cited correctly. Occasional synthesis of sources with legal argument.

Appropriate case law and legislative provisions are cited, although not synthesised in argument.

Satisfactory use of appropriate case law and legislative provisions. Legal authorities are cited; and in most part are correctly related to the issues at hand. Some correct sources utilised. Or paper relies primarily on secondary sources.

Little or no use of appropriate case law or legislative provisions, or such provisions are incorrectly cited or incorrectly referenced to a fact or principle.

Developing legal analysis and ability to reason legally. Building on prior learning experiences to respond to new and challenging contexts

Highly developed ability to analyse facts and then apply the law in a coherent, comprehensive manner. Clear articulation of thoughts and use of clear reasoning. Able to draw from and coherently utilise learning from multiple and diverse contexts to argue for a specific position.

Developing ability to analyse facts and then apply the law in a coherent manner. Clear articulation of thoughts and mostly sound reasoning. Shows some ability to draw from multiple contexts to present an argument for a specific position.

Shows some ability to analyse facts and to correctly apply the law. Articulation of position is mostly clear, with evidence of developing reasoning to present an argument for a specific position.

Able to analyse facts and identify relevant legal areas that respond to the problem. Some clear articulation. A position is taken, although not always clearly.

Incorrect analysis of the facts or identification of irrelevant area of law. Failure to clearly articulate a position.

Be able to apply written conventions of English, writing in a clear and concise manner, presentation

Use legal language effectively and with faultless grammar and spelling.

Presentation follows guidelines, and structural components of a letter of advice. Demonstrates careful proofreading and appears to be an authentic, professional work.

Use legal language fluently with accurate grammar and spelling.

Presentation follows guidelines, and structural components of a letter of advice. Demonstrates proofreading and appears to be an authentic work.

Use legal language in a correct manner and appropriate. Accurate grammar and spelling with few errors.

Presentation follows guidelines.

Uses understandable language,and a developing awareness and demonstration of legal language. Limited grammar and/or spelling errors.

Presentation mostly follows guidelines.

Substantial lack of clarity of language, and/or multiple grammar or spelling errors.

Presentation fails to adhere to guidelines.