Some Bizarre Christmas Laws

As a sign off for the end of this term, here are three current (and one previous) law which might affect how you enjoy Christmas in England and Wales:

  1. You cannot shoot birds on Christmas Day
    The Wildlife and Countryside Act 1981 prohibits the shooting of birds, subject to certain exceptions. Under s.2(3) those exceptions don’t apply on Christmas day. Thus, shooting birds on Christmas day is prohibited.
  2. If you breach an injunction on Christmas Day, you will be held in custody for longer than otherwise
    This is under s.9(4) of the Anti-social Behaviour, Crime and Policing Act 2014. s.9 holds that no-one arrested for breaching an injunction can be held for more than 24 hours without being brought before specified people, but under s.9(4) the period of 24 hours is to be calculated disregarding Christmas day.
  3. It’s illegal to be drunk in a pub
    If you are planning to go to the pub on Christmas day, be aware that s.12 Licensing Act 1872 made it an offence to be drunk on licensed premises.
  4. Make sure your Christmas tree isn’t dangerous
    If you cannot get your Christmas tree home safely, be thankful for the Deregulation Act 2015. The Town Police Clauses Act 1847 prohibited under s.28 “any tree or timber or iron beam to be drawn in or upon any carriage, without having sufficient means of safely guiding the same”. The fine could be up to £1,000. Thankfully, schedule 23 part 9 of the Deregulation Act 2015 repealed these provisions.

Happy holidays!

Handy Tip: Using Google ‘Define’

When studying law, understanding the terms that you use and how to use them is important. This is because a level of precision regarding language is needed within legal studies.

A lecturer once told me, “You can physically take a glass out onto the terrace, but you may not!” In these circumstances, knowing the difference between ‘must’, ‘shall’, ‘may’, ‘can’ or ‘cannot’ may help with your essay writing. It can improve the style of your writing and make the central argument and analysis more convincing.

Other times, you will be expected to use specialist legal terminology. If you are unsure, you  you should look up the terms in a legal dictionary. There are lots of physical copies of legal dictionaries in the UWE library, as well as, electronic copies that you can access online.

Additionally, you may read something in a journal article or book that you may not understand. I often underline this word and use ‘Google define’ to help me understand what it is and write a note in the margin to myself.

Using Google, if you type ‘define’ and then the word that you are looking for, it acts as an online dictionary. For example, if I were looking for the term ‘sanction’, I would type in ‘define sanction’ into Google. A box with definitions will then appear on your browser, like below!

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Just be aware that there may be one or more definitions for a given word. A sanction in law means something different from that used in ‘normal English’, so in that case, it would be worthwhile to consult a dictionary specifically for law.

Quick Tip #1 – Westlaw searches

Quick Tip: –

If you are struggling to find information on Westlaw because your search is turning up too many results, try using the Westlaw subject hierarchy. This allows you to search journal articles, cases, legislation etc using the subjects which the document has been tagged with. It’s a considerably more exact way of searching than, for example, a keyword search.

It’s also very simple to use:

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Workshop: Assessment Criteria & Essay Structure

It was lovely seeing you at the workshop on ‘Assessment Criteria & Essay Structure’ yesterday.

Here are the slides that were used: Assessment Criteria Powerpoint Slides

We highlighted that it is important to have a good structure to help develop your arguments and make it easier or the reader/marker to understand the point that you are trying to make. To do so, we revisited the burger analogy from an earlier post.parts-of-a-paragraph

A good essay like a burger, will have an introduction (the bread bun), analysis (the filling – with different/separate components that support each other) and a conclusion (the bread bun base). It should have a logical and coherent structure, where the central argument is evident and the sections complement each other.

  1. Introduction

The introduction should outline the rationale behind your approach/work – that is, why it is relevant. Also, what is relevant i.e. what law you will use; scope and limitations – recognising the parameters of the task, as well as, your central argument. From there, it should also briefly touch upon how you’re going to answer the question, which primarily refers to the structure of your essay e.g. Part 1… Part 2… Part 3…

2. Analysis

In a burger, the ‘filling’ is arguably the best ‘bit’ of the burger, so the analysis should be the main section and ‘best bit’ or bulk of your essay. It will be formed of different components, which should be linked to each other and your central argument.

As per the assessment criteria, you should:

  • Summarise and synthesise issues arising from the law;
  • Be able to use academic arguments to support your work in a concise manner;
  • Be able to engage with these academic arguments;
  • Narrow and focus on relevant issues;
  • Consider areas for reform or recommendations

(For further details, please refer to the LLM Assessment Criteria in the LLM Programme Handbook, which can be found on UWE Blackboard).

To help your analysis, sub-headings can help ‘sign-post’ different aspects of your work and help break it down into specific sections.

3. Conclusion

The conclusion will finish your essay. It should link back to your introduction and the central argument that you introduced and summarise the earlier analysis. Because you’ll have already undertaken the analysis, the conclusion can draw on these earlier arguments. It should be noted that the conclusion is not a place to introduce new arguments or concepts.

 

 

 

Plagiarism – and how to avoid it

It was brilliant to see some of you at the workshop on plagiarism yesterday. Here are the slides on plagiarism: Plagiarism and good academic practice

The key things to note are:

  • Plagiarism includes intentionally stealing someone else’s work, or unintentionally copying it without acknowledgement by not following good referencing guidelines
  • Collusion (working with another student, or copying their work with or without their knowledge) is an academic offence
  • It is also an offence to pay someone to write all or part of your coursework
  • You can self-plagiarise – never submit all or part of the same assessment more than once
  • Plagiarism can be avoided by the correct use of OSCOLA. This includes:
    • Knowing when to use quote marks or OSCOLA quote formatting (see the guide to Using Microsoft Word – Referencing)
    • Knowing when to put a reference in your text
    • Keeping a full Bibliography

There is further detail on all of these issues in the slides. For a full example of the use of referencing and good academic practice, see the Essay Structure guide.