The cut-off date for TMA 02 is 12:00 midday (UK local time) on 13 April 2016.
This is the latest date by which your TMA must reach your tutor. You must submit your TMA using the online TMA system.
TMA 02 consists of three questions. You are expected to answer all questions in this TMA. Your answers should be written in your own words. All the information you require is provided in the module materials. You do not need to use additional resources to complete your answers.
The total word limit for TMA 02 is a maximum of 1500 words. Remember, all the words you use to answer the questions, including quotations and citations, count towards the overall word limit.
We would suggest that you use the following number of words for each question:
Question 1 (a) 150 words
Question 1 (b) 450 words
Question 2 750 words
Question 3 150 words
You must provide a reference list and a word count. The reference list is not included in the word count.
Table of contents
Previous: TMA 02
Explain how judicial precedent operates within the common law system of England and Wales. Discuss the advantages and disadvantages of judicial precedent.
a.Provide a plan setting out how you will address the question. (10 marks)
b.Provide your answer to this question. (30 marks)
Please read the following fictitious scenario and answer all parts of each question.
The (fictitious) Prevention of Cruelty to Pets Act 2018 states in section 5 that: ‘Dogs must be carried on escalators.’
An excerpt from Hansard shows that, during the Second Reading of the Prevention of Cruelty to Pets Bill, the Minister for Animal Health and Well-Being had said, referring to what would become section 5 of the Act: ‘It is no longer tolerable that, in our so-called civilised society, individuals are permitted to subject creatures with paws to the risk of painful entrapment of their limbs on moving staircases. I urge the House to support this provision.’
Section 28 of the Prevention of Cruelty to Pets Act 2018, which is headed ‘Definitions’, states: ‘Where the context so requires, “dogs” should be interpreted as including dogs, cats and other animals that are commonly kept as pets and permitted to roam at large within their owners’ homes’.
Explain, with reasons, the likely outcome if each of the four rules of statutory interpretation were applied to each of the following people:
a.Alfonso, who is travelling on an escalator with a rabbit on a lead. The rabbit is standing on the step above Alfonso.
b.Melody, who is travelling on an escalator with a Chihuahua in her designer handbag. The handbag is balanced on top of a suitcase that is standing on the step below Melody. Melody is lightly supporting the suitcase with her hand so that it will not fall over if the escalator jerks.
Identify one positive piece of feedback and one piece of advice on how to improve your future assignments that you received from your tutor for TMA 01, and explain how you made use of them when you were working on this TMA.
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