LCC - Tort Law

Formative assessment: advance release material

This document contains the advance release material for your formative assessment.
In the formative assessment itself you will receive further information and some
partially completed advice from your supervisor. Your task will be to complete the
advice as directed by your supervisor.

From: Laura McGregor <lauramcgregor@priceprior.com>

To: You < you@priceprior.com>
Subject: Haziq Arshad
Attachment: Attendance note- H Arshad

Hello

I have a new matter that I would like your help with.

Our client is Haziq Arshad. He was injured in a road traffic accident, suffering a
laceration to his arm. Despite attending hospital, the laceration became infected and
developed into sepsis.

I am attaching an attendance note from my first meeting with Mr Arshad. I am waiting

for the full medico-legal report from Dr Caroline Beatty which I will send to you as soon
as I receive it.

I'll let you know when I've finished with the statement and then I'll ask you to help with
the initial case analysis for this file. In the meantime, please familiarise yourself with the
attached attendance note.

Kind regards

Laura

This advance release material continues on the next page

LAW SCHOOL 1
 Attachment to the email from Laura McGregor

Attendance note of Laura McGregor’s meeting with Mr Arshad

Laura McGregor (LM) met Mr Haziq Arshad (HA) today to discuss potential claims for
personal injury which he has recently sustained.

HA explained the following:

On 1st September (last year), HA was waiting for a friend next to a bus stop in
Yewsbridge. The road by the bus stop is narrow and there have been accidents on
that road before where pedestrians on the pavement have been hit by vehicles. There
is a turning point in the road 250 metres from the bus stop, which can be seen from the
bus stop.

A motorist (driving a van), named Ryan Selby (‘RS’), decided to carry out a three-point
turn in the road next to the bus stop and was reversing towards the bus stop when he
sped up rather than slowed down. The van mounted the pavement and knocked HA
into the bus shelter, causing him to cut his arm (which was the injury that he then went
to hospital with, as explained in the medical report). A lady named Maria Duarte had
been waiting at the bus stop and witnessed the accident. In fact, Ms Duarte and HA
knew each other having worked together over 10 years ago. Ms Duarte offered to help
HA and wrapped her scarf around the cut on his arm to help stop the bleeding.

An ambulance was called and HA was taken to Yewsbridge Hospital and treated for a
laceration to his upper arm.

HA returned to hospital on the evening of 3rd September complaining of pain and

discharge from the wound and feeling feverish. HA was seen by a junior doctor, Dr
Knowles and discharged with antibiotics and a new dressing.

On 5th September, HA was admitted to Yewsbridge Hospital where he was diagnosed

with a severe infection and sepsis.

Mr Arshad is a self-employed baker and he made no money when he was ill with
sepsis. He is back at work now but working fewer hours than previously because the
sepsis has left him with residual tiredness. He is consequently earning less as a result.

LAW SCHOOL 2
Tort Law Formative Assessment
Process

This guidance explains the formative assessment process for the tort law LCC module.
This guidance relates to the written task only, not the MCQ formative assessments,
for which further information is available on the formative assessment tile of this
module.

There are 3 distinct stages to the formative assessment. The first stage is the release
of advance materials on the HUB. These are released at the start of teaching week 4
(the date of this is in your study planner) and will appear in the assessment tile of the
module page on the HUB. These advance materials will give you first sight of the
client problem and allow you to identify the topics / issues that will be assessed in
depth in the formative assessment. You should use these advance materials to focus
your revision and preparation for the assessment.

From the end of teaching week 4 (5pm on the Friday) you will be able to complete the
formative assessment in Inspera. Inspera is the online platform where all written
exams will be sat. You will complete the formative assessment in timed conditions,
replicating the summative assessment. From the moment you choose to start the
assessment in Inspera, you will have 95 minutes to complete it. Note that this
includes 20 minutes to complete the self-reflection form. You must complete and
submit your assessment within 95 mins of when you start the assessment. You will
not be able to log out and the re-start the formative assessment at another time.

You should complete the first part of the formative assessment in 75 minutes. In
the final 20 minutes, you should complete the self-reflection task, on which further
guidance is provided below.

You can choose to complete the formative assessment at any time during the
formative assessment period. This is a 11-day period from the end of teaching week
4. You must have completed the formative assessment by midnight of Wednesday
in consolidation week, this is when the formative assessment period closes. You will
not receive a mark or individual tutor feedback on your formative if you do not complete
it within the formative assessment period.

When you start your formative assessment, you will need to read any additional
materials which relate to the client problem. These will relate to the problem raised in
the advance materials and take the matter/client problem further by presenting new
facts related to them which may affect your application of the law and ultimately your
advice. You will also be given a partially completed answer. You should take the
time to consider the partially completed advice you have been given. We recommend
you spend approximately 40 minutes reading and considering the material you receive
in the assessment and then spend the remaining 35 minutes completing the advice.
Please note that you will not receive a partially completed answer in the
summative assessment, this is part of the formative assessment process only.

To receive a mark for your formative assessment, you must also complete the self-
reflection question, which will be at the end of each formative assessment. This
requires you to engage with the level 7 marking criteria and consider which bracket
you feel your answer falls within (self-assessment) in 3 different areas. By doing this
you actively engage with the criteria tutors are using to mark your answer. You will
also be able to self-reflect on what you feel your strengths and areas of development
are. It is compulsory that you meaningfully attempt the self-assessment question to
receive a mark from your tutor. If you do not attempt the self-assessment, or your
attempt at it is not meaningful, you will get written feedback, but you will not get a
mark.

Self-assessment is an approach supported by learning and teaching literature.

Formative assessment is designed to be developmental, and the self-reflection task,
while not marked by your tutor, does open a dialogue with the tutor marking your
formative and means the formative assessment becomes a far more active learning
process. This means you are then more likely to do well in the final summative
assessment.

Providing you submit your formative assessment within the formative assessment
period and have completed the self-assessment / reflection question, a tutor will then
mark your assessment.

From the Thursday of consolidation week, you will also be able to access an exemplar
and a short video recording talking through each formative assessment. This will allow
you to further self-assess and reflect on your answer before you receive your
individualised feedback from your tutor.

I hope you found this guidance useful, and you feel prepared to attempt your formative
assessment.
 Tort Law (Level 7)
Guidance in relation to the formative and summative assessments
Please note that for this module you will have one formative assessment featuring
problem-based questions (the “Main Formative Assessment”) and two separate
formative MCQ assessments (one in consolidation week and one following the end of
the module).
The summative assessment for this module comprises both MCQs and problem-based
questions. The details of the formative and summative assessments are below.
Main Formative and Summative Assessments
Formative Summative
Time permitted 1 hour 35 mins 2 hours
(which includes
time to answer a
reflective question)
Choice of questions? No No
Marks available for multiple-choice n/a – no MCQs* 40
questions
Marks available for the problem-based 60 60
section
Total marks available 60 100
Advance release material? Yes Yes
Topics that can arise in the problem- Any topic from Any topic from
based section workshops 1 to 4 workshops 1 to 10
only. other than land-
based torts
(workshop 8)
Word limit (problem-based section) 1,000 words 2,000 words
Topics that can arise in the MCQ n/a - no MCQs* Any
section
Approximate number of multiple- n/a - no MCQs* 20
choice questions

Suggested time spent…

… writing the answer to the problem- 35 mins 65 mins
based section
… reading the problem question in the 10 mins
assessment, before starting writing
(there is no specific allocated reading
time for the assessment)
…reading the partially completed 1 hour in total n/a
advice from the supervisor
… checking / polishing answer to 5 mins
problem-based section
… answering the reflective question n/a
… on the multiple-choice questions n/a 40 mins
You are strongly encouraged not to exceed the suggested 35 minutes for writing
the answer to the formative problem-based section. If you exceed this, you are
unlikely to be giving yourself a realistic experience of what the summative
assessment will be like, the timings for which you can see in the column to the
right.

MCQ Formative Assessments

Formative
Time permitted 2 x 20-minute MCQ assessments covering workshops
1-5 and then 6 to10 respectively*
Number of multiple- 10 in each assessment
choice questions
Choice of questions? No
Marks available 20
Advance release No
material?
Topics that can arise in First formative: Any topic from workshops 1 to 5
the MCQ section Second formative: Any topic from workshops 6 to 10

*You also have 5 weekly assessment level MCQs (see 'Consolidate' on the Hub)
 Guidance in relation to the advance release material
The advance release material allows you to familiarize yourself with some of the facts of
the scenario which will be used in the problem-based section, and to identify some of
the legal issues. Further facts and legal issues will be revealed in the assessment. You
will therefore need to read and consider in detail both the advance release material and
the further information before answering the problem-based section. Regardless of
which legal issues can and cannot be discerned from the advance release material, the
examination question(s) in the problem-based section on the summative assessments
can be drawn from all or any of the topics in workshops 1 to 10, (excluding workshop 8
– land-based torts). The formative assessments will only draw on material covered in
workshop 1-4. As mentioned above, all topics are examinable for the MCQ section of
the summative assessment.
Further Guidance in relation to the formative assessment
In the formative assessment as well as being given further information on the scenario,
you will receive a partially completed advice. Your task will be to read and then
complete the advice. Please note, in the summative assessment you will not be given a
partially completed advice and will have to draft the advice in full. This is reflected in the
time (and word count) allowed for the summative assessment.