Assessment 2: Memorandum of Advice Page 1 of 3 Assessment 2: Memorandum of Advice (weight 35%) Criteria Excellent 85 to 100 % Very Good 75 to 84.5 % Good 65 to 74.5 % Satisfactory 49 to 64.5 % Unsatisfactory 0 to 48.5 % Analysis, problem solving and evaluation: Identify the legal issues in the select question/s. Separate major issues into a number of subissues where appropriate. 5% The student has accurately and succinctly identified all of the issues and subissues confronting the parties so as to resolve the legal problem. The student has identified all of the issues and sub-issues confronting the parties so as to resolve the legal problem. The student has identified most but not all of the issues and sub-issues confronting the parties so as to resolve the legal problem. The student has identified some of the issues and sub-issues confronting the parties so as to resolve the legal problem. The student has failed to identify any of the issues and sub-issues confronting the parties so as to resolve the legal problem. Analysis, problem solving and evaluation: Identify the law which applies to the issues identified above 20% The student has: - identified all of the relevant law to resolve the legal problem. - cited correct case authorities and section numbers of legislation (if applicable). The student has: - identified all of the relevant law to resolve the legal problem. - cited, most of the time, correct case authorities and section numbers of legislation (if applicable). The student has: - identified most but not all of the relevant law to resolve the legal problem. - cited, most of the time, correct case authorities and section numbers of legislation (if applicable). The student has: - identified some of the relevant law to resolve the legal problem. - cited, some of the time, correct case authorities and section numbers of legislation (if applicable). The student has: - identified limited or no relevant law to resolve the legal problem. - cited on limited occasions, or not cited, correct case authorities and section numbers of legislation (if applicable Assessment 2: Memorandum of Advice Page 2 of 3 Criteria Excellent 85 to 100 % Very Good 75 to 84.5 % Good 65 to 74.5 % Satisfactory 49 to 64.5 % Unsatisfactory 0 to 48.5 % Analysis, problem solving and evaluation: Apply each legal principle to resolve the issues identified in the select question/s. 30% The student has demonstrated excellence in applying the law to the hypothetical by: - the development of logical arguments in a concise and articulate manner; - developing clear and persuasive arguments; - using relevant law to support arguments throughout. The student has demonstrated a very high standard in applying the law to the hypothetical by: - developing logical arguments; - developing arguments which are generally clear and persuasive; - using relevant law to support arguments throughout. The student has demonstrated a high standard in applying the law to the hypothetical by: - developing logical arguments most of the time; - providing arguments which lack clarity and persuasiveness in some areas; - using relevant law to support arguments most of the time. The student has demonstrated a satisfactory standard in applying the law to the hypothetical by: - developing logical arguments some of the time; - providing arguments which lack clarity and persuasiveness in a number of areas; - occasionally using relevant law to support arguments. The student has failed to demonstrate a satisfactory standard in applying the law to the hypothetical by: - not developing logical arguments; - providing arguments that are generally unclear and not persuasive; - not using relevant law to support arguments. Analysis, problem solving and evaluation: Ability to resolve the problem by generating new and unique ideas 10% The student has comprehensively resolved the problem by generating new or unique ideas to the issues raised by the question. The student has resolved the problem by generating some new or unique ideas to the issues raised by the question. The student has attempted to generate new or unique ideas to the issues, however the connection/relevance to solving the problem is limited. The student has restated already existing ideas to the problem. The existing ideas are applied soundly to the issues raised by the question. The student has not generated new or unique ideas. The existing ideas are not applied soundly resolve the issues raised by the question. Identify gaps in issues, law and facts: Identify further information required in order to apply law to the facts provided. 10% Thorough identification of the gaps in the law, issues and facts required to the legal problem and issues. Very good identification of the gaps in the law, issues and facts required to the legal problem and issues. Generally good identification of the gaps in the law, issues and facts required to the legal problem and issues. Basic identification of the gaps in the law, issues and facts required to the legal problem and issues. Limited or no identification of the gaps in the law, issues and facts required to the legal problem and issues. Assessment 2: Memorandum of Advice Page 3 of 3 Criteria Excellent 85 to 100 % Very Good 75 to 84.5 % Good 65 to 74.5 % Satisfactory 49 to 64.5 % Unsatisfactory 0 to 48.5 % Analysis, problem solving and evaluation: Give a conclusion which resolves each of the issues you identified 5% Accurate, clear and concise links are established between the issue, law, application and the conclusion. Accurate and clear links are established between the issue, law, application and the conclusion. Accurate links can be identified, with some difficulty, between the issue, law, application and the conclusion. Links are established between the issue, law, application and the conclusion, but they are generally ambiguous. No links are established between the issue, law, application and the conclusion. Written communication: Quality of writing, Sentence structure, Use of paragraphs 10% Quality of writing at a very high standard (ie ideas are arranged in an extremely logical and structured manner with correct referencing and paragraph structure Quality of writing at a high standard (ie ideas are arranged in a fairly logical and structured manner with correct referencing and paragraph structure) Quality of writing at a good standard (ie ideas are arranged in a logical, somewhat structured manner with correct referencing, but some minor inconsistencies in relation to linked paras. Quality of writing is average. Some problems with sentence structure and presentation (sometimes referenced incorrectly, frequent inconsistencies from one para to the next. Quality of writing very poor. Incorrect form of document, with little coherent structure. Document appears very confusing, providing little or no references, paras not linked or poorly structured. Written communication: Grammar, Syntax or Spelling 10% Grammatically and syntactically excellent. No spelling errors. Grammatically and syntactically very well presented. One or two (very minor) spelling errors. Few grammatical, syntactical and/or spelling errors. Grammar, syntax and/or spelling are of an average standard. Use of inappropriate language . Many grammatical, syntactical and/or spelling errors. Little or no evidence of proof reading .