Answers to all three questions 3. Bibliography 4. SIGNED plagiarism disclaimer sheet (on Model in the Assignment folder and sat page of your Course Guide, also on Model) No other submissions (e. G. PDF or TIFF documents or assignments submitted in parts) will be accepted/marked. Late Submission In the absence of an extension granted prior to the submission deadline on valid grounds, the late submission policy of the School of Law Applies. You can find the policy on Model in the Assessment folder and in your Course guide.

In short, a penalty of 5% of the total mark awarded to you for that assessment item will be deducted for each day, or part of a day that the assignment is overdue, including weekends and holidays. After 7 days beyond submission date you will be awarded a mark of zero. Plagiarism The School of Law policy on plagiarism applies to this assignment. It will be enforced immediately and without exception. Make sure you know how to avoid plagiarism and what consequences it has for you if plagiarism is discovered in your assignment.

You can find the policy on Model in the Assessment folder and in your Course guide. In short, you will be penalized with a mark deduction or mark of zero and your name will be entered into a plagiarism database. This ill appear on all references and may prevent you from working as a lawyer in future. Repeat offenders will be referred to the disciplinary committee/Head of Law School and may be suspended from studies. You have been warned! Instructions Answer all three questions and stick to the maximum word limit.

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Anything beyond the word limit will not be marked and you will lose marks. You MUST write out your answers; DO NOT answer in key words as these answers will not be marked. Include a bibliography with this assignment and make sure you have THREE REFERENCES footnoted in Question 3. No references to course materials are accepted. Please make sure that you include your name and student ID number at the beginning of the assignment. Anonymous submissions WILL NOT be marked. Please pay attention to the marking criteria.

Also, do not forget School of Law policies on late submissions and plagiarism apply. You may work with others on researching this assignment, but this is an INDIVIDUAL piece of coursework assessment. Students presenting identical or very similar assignments WILL face penalties for plagiarism up to and including a score of zero (O)! In addition, your name will be added to the USPS plagiarism database. You must use the School of Law referencing style. A copy of the USPS Style Guide was posted on Model at the start of the semester (Assessment folder).

You MUST reference all work appropriately: acknowledge ALL your sources, use footnotes and include a bibliography. If your referencing / bibliography does not comply with the LISP Style Guide on Legal Referencing you will be penalized. ALL students MUST complete the plagiarism disclaimer and attach it to their assignment. If you do not, your assignment will not be marked. A copy of this comment can be found on Model in the Assessment folder and in your Course Guide. Question 1 Length: maximum 500 words (worth 8 marks) The Government of Enact was concerned about the abuse of medication by Enact citizens.

This concern was based on three reported cases of overdose of cough syrup in children of ages 7-10 years. One of the policy advisors thought that it would be safer if sale of over-the-counter medication was restricted. The government thought this was a good idea, so passed a law which states: “All sale of over-the-counter medication is prohibited unless the medication has en prescribed by a general practitioner (GAP). In addition, pharmacists must be presented with the patient’s full medical history in case the prescription concerns a child.

Anyone found breaking this law will be subject, on conviction, to a maximum fine of $500 and/or 2 months imprisonment. ” Many people in Enact, including Gaps and pharmacists think this is a ridiculous law. Most people are refusing to obey the law, and most police officers are refusing to arrest pharmacists, Gaps or their clients. They could not be bothered with it. Since the law was passed 4 months ago, only three cases have gone to rout. In these cases the judge has decided that there has been a breach of the law and has fined the pharmacists 10 cent. ($0. 10). . Would a legal positivist say that this is a valid law? Why/why not? (1 mark) 2. What a natural law theorist say that this is a valid law? Why/why not? (1 mark) 3. What is the law in Enact from the point of view of a legal realist? Why? (1 4. What is the law in Enact from the sociological point of view? Why? (1 mark) ANSWERS IQ: Question 2 Length: maximum 700 words (worth 7 marks) On the night of 12 January 2012, Billy went to have some fun at the Firedrake Bar in town centre. He got drunk and wanted to keep on drinking but had no cash to pay for his drinks.

So he went ahead and opened an account with the Firedrake Bar. On leaving in the morning hours, he signed a contract with the Bar to pay his account. The contract states “l, the undersigned, agree that owe the Firedrake Bar $267 for drinks on 12/01/2012. ” The next day Billy found a copy of the contract in his pocket. He does not remember signing it. Billy then comes to see you to get advice on whether he has to pay the $267. He says there is no way he could have drunk that much in one night so the account just be wrong.

You have done some in-depth research and found the following rule applies to drunk people entering into contracts: At common law, such people can be held liable for contracts for necessaries (food, clothing, housing etc) but all other contracts made by them whilst they were incapable can be cancelled by them. The other party has no right to set aside the contract, however. For this rule to apply at the time the contract is made the person must be incapable of understanding what they were doing the other party must know, or should have known, of the incapacity .

From a legal position, should Billy be held liable to pay the $267? (3 marks) 2. From a justice position, should Billy be held liable to pay the $267? (4 marks) ANSWER Q: Question 3 Length: maximum 900 words (worth 10 marks) The Republic of Lanolin has a legal system that is based on the recognition of human rights. Article 3 of the Lanolin Constitution states: 3. All people citizen or resident of Lanolin enjoy fundamental human freedoms and rights as enlisted in this Constitution and the UN Declaration of Human Rights.

In Article 7 the Constitution states: 7. The Republic of Lanolin recognizes that all persons are entitled to the following fundamental rights and freedoms of the individual without discrimination on the grounds of gender, language, ethic origin, religion, age or sexual orientation (g) protection of the law; (h) protection for the privacy of the home, land and other property and from deprivation of property; UnjUSt However, the Constitution of the Republic of Lanolin also recognizes customary law.

It states in Article 12: 12. Custom and customary law are part of the legal system of the Republic of Lanolin ND shall be recognized and upheld as such by all state institutions. In addition, the Constitution states in Article 13 that rules of custom shall form the basis of ownership and use of land in Lanolin. Eva lives on the island of Eggnog which is part of the territory of the Republic of Lanolin. Her family adheres to age-old customs regarding inheritance of customary land.

According to this customary law, only male descendants inherit customary land from the father while daughters have to marry in order to ‘own’ land (which by customary law still belongs to their husbands). After her ether’s death, Eve’s brothers inherit all family land and Eva and her mother get permission to cultivate the land for the brothers. In return, they receive some crops and fruit. Eva challenges the customary law which prevents her from inheriting land in her village.

She believes that law which gives a lesser right to a woman because of her sex is inconsistent with the guarantee of human rights in the Constitution. The chief of the village has told Eva that if she challenges customary law she will be punished according to village custom and she and her mother will lose their eight to cultivate any land. 1. Do you think Eve’s challenge should be allowed to succeed? Why/why not? You must refer to at least 3 sources (primary and secondary) in your answer by way of footnotes.

References to course materials will not be counted as part of these three sources. Make sure you include your references in the bibliography. Marking criteria In this assignment you have to write a number of short answers. Each short answer, even if it is only one or two paragraphs long, should be structured like a mini essay, with a clear introduction and conclusion. It should be easy to follow your ideas, and you must make sure that you answer the set question. You will also need to use correct English and referencing.

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