ords Questions Question 1 ‘Confiscation orders under the Proceeds of Crime Act 2002 are unfair to offenders.’ Discuss the extent to which you agree with this statement. (35 marks) Question 2 Carol ran a small pottery stall in the middle of her busy local shopping precinct. At one end of her stall Carol arranged her largest pieces of pottery on a new display stand. Unfortunately, Carol had overloaded the stand which caused it to topple onto Pradeep, a customer who was shopping nearby. As a result of the incident, Pradeep suffered a dislocated shoulder, a broken wrist and four broken ribs. When the paramedics attended to Pradeep they had to cut off his expensive leather jacket in order to assess his injuries. Since the accident, Pradeep has had to take three months off work and has spent most of his savings on a cleaner and a physiotherapist. Advise Pradeep of the nature of any civil claim he may have, identifying what he would need to prove in order to succeed, and how any remedy would be calculated. (35 marks) Question 3 Explain what is meant by a reverse burden of proof, giving one example. (20 marks) Question 4 • briefly how you felt about studying law when you began W101. Explain one way in which you feel differently about your studies now. (3 marks) • three OU resources that provided you with useful guidance on answering legal problem questions. (3 marks) • one skill that you have developed during your study of W101, and explain how it will be useful in the workplace or another area of your life. (4 marks Learning outcomes This emTMA tests the following learning outcomes: Knowledge and understanding: • the fairness of confiscation orders under the Proceeds of Crime Act 2002 • some of the principles of civil liability and civil remedies • reverse burdens of proof. Skills: • select and apply legal principles and legal authority in a logical and coherent way • appropriately cite and reference primary and secondary sources of law, and other legal information • recognise how law, and the skills acquired when studying law, can be useful in the workplace. • The OU Law School Undergraduate Assessment Guide contains definitions of words used in TMA questions, and provides guidance on answering problem questions. It also gives advice on in-text citations and the reference list that you must produce and include at the end of your work. You should read this guide before attempting this emTMA. • Your answers to Questions 1, 2 and 3 must be written in the third person. Your answer to Question 4 should be written in the first person. • Your answers to all the questions must be written in complete sentences arranged in paragraphs. Every sentence in your emTMA must contribute to your overall answer. • You must demonstrate the ability to find and select relevant material. • It is very important that you are clear about exactly what you are being asked to do, and you must address the questions. • You should check your emTMA carefully before submission, ensuring that you correct any spelling or grammar mistakes. Question advice Question 1 This question requires you to apply the knowledge of penal theories that you gained from your study of Unit 18, particularly Section 10 on confiscation orders. Before answering this question it would be helpful to revisit Activities 9 and 10 in Unit 18, and to re-read the article used as part of Activity 9: • Lewis, M. and Jones, R. (2014) ‘Planning, Confiscation Orders and “Criminal Lifestyle”: A Square Peg for a Round Hole?’, Journal of Planning & Environment Law, no. 9, pp. 972-78. Your answer should begin by describing what a confiscation order is. You should briefly outline the types of offenders who can be made subject to a confiscation order and the process by which the courts decide how much money can be recovered through a confiscation order. The main body of your answer should then address whether or not confiscation orders are unfair to offenders. You should aim to be balanced in your consideration of the issues raised in the article, so you should discuss some advantages and some disadvantages. Your conclusion should draw together the strands of your argument, and make clear the extent to which you agree with the quoted statement. Guidance on structuring an answer to an essay question is given in the OU Law School Undergraduate Assessment Guide. Question 2 You should refer to Units 14, 15 and 17 to help you answer this question. This is a problem-style question and you should structure it appropriately, using the IRAC structure that is outlined in Section of the OU Law School Undergraduate Assessment Guide and Unit 10. You should include the type of civil claim that may be available to Pradeep, what Pradeep will need to prove in order for his claim to succeed, and the standard of proof in civil cases. You should devote most of the words in your answer to describing the types of damages that Pradeep may be awarded if his claim is successful and explaining why each applies to him. You should not attempt to decide whether Pradeep’s claim will succeed, nor should you try to quantify the damages that he may be awarded. You should not use any materials other than W101 units when you are preparing your answer to this question. Question 3 You should refer to Unit 15, particularly Sections , , , and , to help you to answer this question. This is an essay question, and you should structure it appropriately. Your answer should start by explaining the general rule on who bears the legal burden of proof in criminal cases. Next, you should give an overview of what is meant by a reverse burden of proof and explain how this is an exception to the general rule. When explaining what is meant by a reverse burden of proof you should make sure that you provide one example. Question 4 This question is in three parts. You should use about 60 words for Part (a), 60 words for Part (b), and 80 words for Part (c). These questions are designed to help you reflect upon your learning. There is no single ‘correct’ answer; you should respond carefully and truthfully based upon your own experiences. It is important to acknowledge difficulties and weaknesses as well as achievements and strengths. The purpose of Part (a) is to encourage you to reflect on your feelings at the start of the module and to give you a chance to appreciate how you have developed. You should clearly and honestly outline how you felt at the start of the module; your answer might include mixed feelings (good and bad). Next, you should explain one way in which you feel differently about your studies now. Be specific in your answer. For Part (b), you should identify three resources provided by the OU. These should be as specific as possible (for example, ‘the OU Law School Undergraduate Assessment Guide’ is not an appropriate answer, but reference to a specific section of it may be). You should briefly explain why each source was useful to you. For Part (c) if you have a job, or are hoping to find one at any time in the future, you should clearly explain why the skill is useful in the kind of work that you do or hope to do. If you do not have a job, and do not plan to look for one, you should clearly explain how the skill will be relevant to something else that you plan to do in the future. This could be a domestic project, a personal goal, or any other aspect of your life (except study). You will be awarded one mark if you clearly identify a skill, and up to three marks if you give a clear and specific explanation of its potential usefulness. Finally When your marked emTMA is returned, you should reflect on your tutor’s comments, and how you may apply these in your future studies. References Articles Lewis, M. and Jones, R. (2014) ‘Planning, Confiscation Orders and “Criminal Lifestyle”: A Square Peg for a Round Hole?’, Journal of Planning & Environment Law, no. 9, pp. 972-78. Legislation Proceeds of Crime Act 2002 c 29
