personality right
Order Description
The question of the essay: Using case studies to illustrate your answer, explain how personality rights differ in the I.P.R of the USA, the PR China and the UK.
Things to be included into the essay: recent/hot news, case studies, treaties and arts of parliament.
These should be cited corrected in the essay and the way to do it is explained in the uploaded document – “How to answer legal problems”
intext citation is needed
For how to write introduction and the main body, please also refer to the document- “How to answer legal problems”.
For conclusion- it is not relatively important so I DO NOT need a detailed summary for the conclusion
For the USA personality rights, please choose choose a state that’s have unique personality right, and state the reason why do you choose this state
HOW TO ANSWER LEGAL PROBLEMS …..
1. READ THE STORY !
Be suspicious …… why did the examiner ask you that ? Think Poirot, think Sherlock Holmes. There will be hidden clues.
A PLAN IS ESSENTIAL before you even attempt any form of answer. You need to break up the question and see how all the parts fit together before you gather everyone in the drawing room to announce the murderer.
DON’T BE AFRAID TO spend some considerable time planning your answer – you will be able to write it up much more quickly once you know what you are trying to say.
2. Law questions require something more than the usual essay-style approach. You will be marked on your understanding and your ability to argue and illustrate your points – as usual – but you will also be marked on your application of the correct law.
You cannot bluff your way through by stylish writing, the content must be accurate and the argument must be good.
3. AN INTRODUCTION should be kept short :
• Identify the main participants ( eg. who is the claimant / defendant / etc )
• Name the general area of law involved ( eg. contract – exclusion clauses )
4. THE MAIN BODY OF YOUR ANSWER …..
There are a number of organisational approaches to this, but essentially you should deal with each VITAL point in the following way:
• Identify & explain why there is a problem / issue for discussion
• State the law & illustrate your explanation by use of any accompanying authorities
• Relate this information to the problem / issues raised … you may find the final answer is not at all clear. This is a good sign !
5. THE CONCLUSION
This is relatively unimportant when compared to conclusions in normal essays. It does not have to be a detailed summary of all that has gone before, that would be unnecessary repetition, for which you are not being paid.
If you worry about these things, you can use this opportunity to explain the likely result and the practical consequences of your advice…. Simply write a couple of sentences explaining what might happen next…. E.g. ‘based on the above, the defendant has a weak case and may well have to pay damages and costs to the claimant as well as being liable in criminal law for an unlimited fine and/ or a prison sentence of 14 years ‘ ….
TREATIES
Give the name and underline it. If there is more than one treaty with the same name it is a good idea to give the year in order to differentiate.
ACTS OF PARLIAMENT
Give the name and the year and underline these. Section numbers are sometimes vital and sometimes simply impressive !
E.g. s.1 (1)(a) Sale of Goods Act 1979 ( as am)
CASES
Give the name only and underline it. You do NOT need the year or any other part of the citation.
e.g. Miller v Jackson ; e.g. Collins ( rather than the full R v Collins )
IMPORTANT !! A quick guide to citing authorities in exams
( n.b. in coursework essays, reports and so forth, you should be using recognised referencing systems such as Harvard or OSCOLA )
ACTS OF PARLIAMENT
Give the name and the year and underline these. Section numbers are sometimes vital and sometimes simply impressive !
E.g. s.1 (1)(a) Sale of Goods Act 1979 ( as am)
CASES
Give the name only and underline these.
e.g. Miller v Jackson ; e.g. Collins ( rather than the full R v Collins )
• How much detail you give about a case is up to you and may simply depend upon how much time you might have. It is nice to have keywords in brackets at least, because it shows you know the right case to apply. If you can give material facts it shows that you understand which authority to use for this particular set of circumstances – i.e. why you are applying it.
You simply need sufficient details to illustrate the point you are trying to make. Often the facts are relatively unimportant ( the lecturer may not even have mentioned them ) but it is the method of reasoning used by the judge(s) in that case which is notable.
• If you forget the name of a case don’t panic – leave a space in your text and put the key words in brackets…. You will usually find that when you return to read your work through, the name will come back to you.
• How many cases should you use ? This is the scone theory. You don’t know how many currants should be in a scone, but you do know when there are not enough. How do you know ?