aspects of the English Legal System and Tort or Employment issues

The assessment is divided in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">into two questions. The first will comprise essay questions coverin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing aspects of the English Legal System and Tort or Employment issues. The other half of the assessment will be a case study scenario where the students will be required to apply the Law to a given problem, manage this in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">information and communicate appropriately and effectively their advice to the parties. Question 1 “For most people, most of the time, litigation in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in the civil courts and often in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in tribunals too, should be the method of dispute resolution of last resort,” Lord Chancellor's Department (1999) Alternative Dispute Resolution (Discussion Paper) London: HM Stationery Office. Usin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing relevant case law throughout, discuss whether the various types of ADR are better options to resolve busin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">iness disputes than court litigation. Maximum 50 marks Question 2 Francis manages a professional theatre group. He is stagin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing a performance of the life of Martin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in Luther Kin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing and has placed an advertisement in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in a theatrical trade newspaper askin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing for applications for the lead role from “black actors only”. He also advertises for “powerful, hard-workin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing stage-hands required to lift heavy scenery”. Alistair is a white actor with over 15 years of actin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing experience. He sees the advertisement askin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing for an actor to play Martin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in Luther Kin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing and attends the castin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">interview. Francis refuses to watch him act and asks him to leave, sayin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing “didn’t you read the advert?” Alistair claims that he has been discrimin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inated again" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inst because he is white. Chris sees the advertisement for stagehands. He is disabled because he has had a bad back for several years, but is he able to lift and carry light loads. He attends for in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">interview and Francis tells him that he’s sorry but he cannot make any special arrangements for disabled workers. Advise Alistair and Chris of any potential claims that they may have at the Employment Tribunal. Would Francis have any defence to any claims made? Question 2: The Problem Scenario You may wish to follow the 'IRAC' formula in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in formin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing discussions for the problem question. 'I' - IDENTIFY' the issue 'R' - Explain" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in the 'RULES' (the law – legislation/judicial precedents from legal cases) surroundin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing the relevant area/ issue 'A' - APPLY the RULES – the relevant legal prin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inciples - to the issue and APPLY legal cases to support the opin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inion. 'C' ­ give a CONCLUSION to the issue. This formula may be used over and over again" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in addressin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing all of the issues relatin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing to each of the parties in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in the assignment question.