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Hi Maggie,
I understand you may not have any answers yet, but can you confirm whether our work will ever be marked please? Many of us are hopeful that our ULIC and LSI marks will indeed contribute to our grades this year, seeing as we especially spent a long while on these essays.

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Hello Maggie, do we upload the essay and judgement as a zip file?

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Second point of the appeal (I am distinguishing)

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Second point of the appeal (I am distinguishing)

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Dear Maggie, I am having a lot of trouble finding precedent for the second ground of appeal. We should not use tort law so I was wondering if there are any alternatives. Many thanks.

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for the judgment can we not address one of the grounds if we are distinguishing? i don't have enough word count and don't want to sacrifice the depth of my main discussion of the first ground

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Someone has asked if you should use headings in your Essay?

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Someone has asked if you should use headings in your Essay?

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In a relatively short piece it should not be necessary and will use your word count - but it is not prohibited.  Perhaps as a last edit, you can read through and decide whether the headings add to your essay.  If you feel they help the reader to navigate your thought processes, then keep them in.  If you think the narrative works without them take them out.

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Can I base my argument on 2 seperate theories or no

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for the judgement, do we have to speak on every grounds of appeal from both TWC and Tillford?

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I was wondering how to dismiss the third ground of appeal as I am struggling with this

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if i am arguing the critical perspective, can i use both lawrence and sara ahmed?

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Hi Maggie,
In the actual judgment they do not have footnotes and have mentioned the case and stated the full citation in a bracket, but that's increasing my word count. so is it alright if I do not insert footnotes or mention full citation in a bracket and cite the cases just in the bibliography .

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Hi Maggie,
I want to distinguish this judgement from Richardson and allow the appeal. If there most cases post-Richardson have upheld this precedent how can I utilise these legal sources to support my argument?
Also how would we demonstrate we understand the rules of stare decisis and statutory interpretation without directly following it?

Thank you!

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Hi Maggie,
If we are writing a wild judgement is it necessary to state that this is the approach we are taking?

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Hi Maggie,

If we are distinguishing, how many sources roughly should we aim to have in our judgment for a high grade?

Thanks.

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Hi,

Do we have to explicitly state that we are distinguishing or departing or upholding the precedent in the judgement? If yes, where do we include it?

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Hi Maggie,

I would like to inquire about the inclusion of "obiter dictum" as a subheading in our judgment. Would it be a good idea , and if so, would it be appropriate to place it before or after the conclusion? Additionally, I would appreciate your guidance on the acceptable range of word count for just presenting the facts. Specifically, what would be considered excessive in this regard?

Thank you

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Hi Maggie, I have decided to look at liberal theory and focus on mill and the harm principle, but was planning on using an interpretation of the principle that i found when researching. would it be okay to frame my argument using this academic interpretation of mill's harm principle and then use the texts we studied in class to further evaluate and explore my arguments?
thanks!

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hi maggie,
in my judgement i have copied and pasted some information from the richardson judgement e.g. the fourth paragraph. is this considered plagarism? will i be marked down for this?

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Hi, I’m finding it very hard to find any cases that distinguish or depart from Richardson and any articles on it too

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Hi, Maggie I distinguished the case in our assessment, but I'm not going to mention the third ground of appeal in my judgment due to the word limit, etc., so what should I mention in a few words related to the third ground; or should I justjust ignore it?

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With case studies and statutes, would it be safe to provide website links or do we not need to?

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Hi Maggie,

I have distinguished the case in our assessment from Richardson in my judgement, however I have applied the words 'integral' and 'core' more generously. Do I need to explicitly need state that I have done this and what a more literal interpretation would have resulted in?

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Hi Maggie,
for the third ground of appeal, can I dismiss it by saying that the Cop26 pledges are not legally binding by the law (e.g. Acts of Parliament), so technically they have not undermined the government's legal commitment to address environmental failures?

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Hi Maggie,

I noticed your comment earlier about Mill and I was wondering if doing your own interpretation of the principle is okay? for instance my interpretation is that the harm principle as a basic argument suggests that free speech should be promoted but when harm may be caused that is when regulation is warranted. My points argue that no platforming should be allowed and the free speech bill is not necessary because the harm principle is the best approach and suggests that no platforming is useful in preventing harms. I have used gordon to support one of my points about the extent to which free speech is supported by the harm principle but my essay is very much based on harms and gordon doesn't go into great detail on this.
Basically what I'm asking is am I okay sticking with what I've done (clearly define what the harm principle means in the context of my essay)or should I look at changing my arguments to be based on what Gordon says? My essay is nearly complete but I don't want to send in anything that is wrong!

many thanks!

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I am a little confused on how to discuss cop26 in the judgement as one of the defendants grounds of appeal. Would I need to explain exactly how the the discharge of sewage goes against what the government promised, or can I assume this to be true and give it as a reason to overturn and not find the trespassers guilty of an offence?

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Hi Maggie,

my essay paragraphs are very long. I was wondering if it is better to have long paragraphs that still pertain to one idea or is it better to split them for the sake of having shorter paragraphs?

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Hi Maggie
For the essay, does feminist theory hold enough weight alone to be used as my chosen theory, over using liberal theory.
thanks

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Hi Maggie,

When writing the essay, is it necessary for all 3 of my points to have counter arguments? I have counter-arguments for 2 of my points but not the third. Do the counter-points have to go into great detail?

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Hi Maggie,

For the essay, I have focussed on Mill's harm principle as a frame to argue in favour of no platforming and the occasional need for content restriction on speech. I am aware this is a broad theory so I was planning on narrowing it down by stating my interpretation at the beginning of the essay with some other definitions of key terms used throughout. I was going to suggest that my interpretation of Mill's theory was the very basic idea that free speech should be promoted entirely to the point at which harm may be caused. Is this sufficient in narrowing the theory and showing how it will be applied?

Hope this makes sense
Thanks!

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Hi Maggie,

for the essay, I am focusing on advocating for no-platforming in order to protect  oppressed and historically marginalized groups. I am using three examples of no-platforming. One pertaining to islamophobia, transphobia, and anti-Semitism. I know you advised to focus on one minority group so I just wanted to clarify if this is this still okay?
Thank you.

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Is it possible that I say that in its first ground of appeal, the appellants are wrong but in the second, they were right but eventually give a judgement against the appellants

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Who are the appellants and respondents in the case ?

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can i reject 2 grounds without giving any reasoning and then focus on the one ground that I want to focus my judgement on

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Can we dismiss any ground without reasoning and focus on the one that we want go in depth with and elaborate on ?

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If we are slightly above the word count by lets say 50 words on the judgement due to mentioning of cases etc throughout, will we be penalised or will this be looked over?

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Hi Maggie,

Do we need to include a bibliography for the essay or is it just for the judgement?
And will the bibliography count towards the word count?

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Hi Maggie. When I refer to the respondent is this TWC or DPP? Like is it "TWC argued that..." or "The prosecution argued that..." ?

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Hi Maggie. When I refer to the respondent is this TWC or DPP? Like is it "TWC argued that..." or "The prosecution argued that..." ?

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Hi Maggie, you may have already responded to a question like this, so my apologies if you have. I was wondering as to whether I could use a case study relating to transphobia to illustrate Lawrence’s theory on speech being injurious/perpetuating systems of power and inequality, as whilst I am aware he is a critical race theorist, it is useful to illustrate his point?

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Hi Maggie,

Is it possible to dismiss the 1st appeal from TWC PLS as since the protesters disrupted the Head Office which was a separate entity to the sewerage system, even though it was part of their core activity? I am asking because in the War Crime Argument in Richardson, they said even if the action of 'aiding and abetting' was unlawful, the protesters disrupted the wrong company.

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Hi Maggie,

I’m pretty sure you have answered this question already but I am still having a bit of concern regarding this essay. Would I be able to talk about freedom of speech from a liberal perspective but also the topic of transgenderism (as my issue to narrow it down). For instance by talking about how free speech may affect the minority group of transgenders on a university campus. Essentially, how the liberal views of free speech may affect the topic of transgenderism since transgenderism is a sensitive topic itself. Thank you!

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If I reason my essay with my own independent research swaying away from the articles and cases we read in seminars will I be marked down

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If I reference the cases and articles in the judgment itself do I still have to do oscola referencing ?

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Hi Maggie. Do we have to include the specific paragraphs from a case we have used when referencing? 

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Hi Maggie. Do we have to include the specific paragraphs from a case we have used when referencing? 

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Is it possible to write in the judgment that the second ground for appeal is dismissed without giving an explanation? I allowed an appeal on the first ground (in depth), and wrote obiter comments for the third.

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Hi Maggie, in this case, are TWC the defendant or the appellant?

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Hi Maggie, in this case, are TWC the defendant or the appellant?

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Hi Maggie,

Most Supreme Court judgments outline a question to answer. Are we required to do the same in our judgment essay? Is it as simple as whether TWC’s actions constituted to “lawful activity” contrary to S68(1)? I am confused…

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Hi Maggie,
I am confused on how I can link the second ground of appeal to Richardson.

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hello maggie,
i havent started the essay yet and im very confused. richardson itself is a judgement so how do i write a judgement on it. Please help me

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As we had studied certain liberal interpretations my essay is defending no platforming from a liberal perspective. Is this too broad an approach? Also, would it undermine my argument to look at the counter argument from the same perspective

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Hi Maggie, I wanted to know whether footnote references would contribute to the word count in the ULIC essay we have.

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Does the counter argument have to fall under the same theoretical framework or can we discuss a different theory.     For example if I'm arguing against no-platforming under classical liberalism when I'm writing my counter does it have to be a criticism of classical liberalism or can I bring up the critical framework/post-modernism and undermine that. 

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Does the counter argument have to fall under the same theoretical framework or can we discuss a different theory.     For example if I'm arguing against no-platforming under classical liberalism when I'm writing my counter does it have to be a criticism of classical liberalism or can I bring up the critical framework/post-modernism and undermine that. 

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ESSAY

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how do we reference the public order bill? just as it is like 'Public order bill 2023' ?

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how do we reference the public order bill? just as it is like 'Public order bill 2023' ?

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Good evening Maggie,

I am having some difficulties in comprehending the subject matter of the essay assignment.

The essay guidance appears to indicate that we may construct an argument centred around one or two key issues, personally I have focussed on three key issues in my essay, using relevant theory to support my arguments.

However, I have recently read in this padlet that you suggest utilising a much narrower approach, focussing on one key issue/case study.

I would like some clarification on which approach will achieve a higher grade.

Thank you.

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Hi Maggie,
If we apply Richardson and uphold the conviction, do we have to mention the appeal from Michaela and Harry as well as the points from TWC PLC, mentioning how the activity was 'lawful'?

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Hi Maggie,
If we decide to apply Richardson and uphold the conviction, do we have to address every appeal that Michaela and Harry stated, or can we just address one?
It is hard to go into detail and address every appeal.
Thank you

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can the essay focus on the first amendment when interpreting the meaning of free speech or does it have to be uk specific?

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can the essay focus on the first amendment when interpreting the meaning of free speech or does it have to be uk specific?

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Hi Maggie,
Can we talk about vicarious liability under the second ground? I know that this is a tort concept and was wondering if it would extend to a criminal matter.

Thank you!

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for the judgement,
I'm uncertain what is considered the lawful activity for TWC. For clarification, in Richardson, the whole focus on lawful activity was based on 'retail selling'.

Would it be wrong to suggest that TWC's lawful activity is 'discharging sewage'?

The protest is at the headquarters, and TWC's defence is that the headquarters were a separate function to storm surge discharge.

Would I be wrong to suggest this?

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Hi Maggie,

for the judgment, can we use case law that is not UK based? I found an article that concerns judging from environmental perspectives that involve cases in Australia. Can I use these cases in my judgment?

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Did the original case (before the Court of Appeal) go through the Magistrates' Court or the Crown Court?

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Hi Maggie,

This is the same person that asked about if we have to take a theoretical approach a couple days ago. Your comment was very useful, and thus my inquiry now is- can my essay's approach be to do with the epistemic benefits and damages caused by no-platforming? In simpler terms, rather than centralising my essay around a liberal lens, would centralising my essay around the epistemic benefits and damages that no-platforming has in universities (with reference to free speech) still be capable of attaining a first? I know this is more unconventional but I feel as if I have still written my essay in a focused approach, just not one that we studied in the seminars.

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Hi Maggie,

I was wondering if we can copy the grounds of appeal word for word in the judgment, or if this would be detected as plagiarism through Turn It In?

Thank you!

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Dear Maggie,
I was looking to submit my ULIC essay on tabula but the submission tab for it has disappeared. I still have the one for the judgment and it's only the one for the essay that is missing. What should I do?

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hi maggie, if i am distinguishing richardson in the judgment, am i right in thinking that only one of the appeals has to be allowed for the conviction to be quashed? so for example i might find that the second ground doesn't support the defendants' case but if i find that the first and third appeal are allowed then the defendants can be acquitted? hope that made sense!

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Hi Maggie,
For the judgment, do subheadings such as 'lawful activity' and headings for each appeals count towards the word count?
Thank you

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To narrow the scope of the essay, can I focus on one case study of someone being no-platformed throughout the whole essay? Would I be able to use an example of no-platforming that took place in Dublin?

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Hi Maggie,
Would I still be able to introduce the idea of the Wild Law Judgment if I was distinguishing and not departing from Richardson? Would it still be applicable?

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Hi Maggie,
Do we have to state the whole of section 68 (1) for the judgment under what the relevant law is?

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I have subheadings in my essay. Do these count towards the word count?

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Hi Maggie,

For the judgement, I know that we can dismiss some of the defendants appeals. however, if we dismiss an appeal can we still go into relative depth about the appeal? For example, I'm dismissing appeal (iii), spending a decent amount of time explaining how TWC has undermined environmental goals but then ultimately holding that appeal (iii) fails in proving TWC committed unlawful activity.

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On the submission page for the free speech essay, it says that you "must" centre your essay around one the approaches we studied in the seminar but on other guidance resources it advises us to base our essay on these approaches. My final draft for my essay is best defined as having an 'epistemic approach.' Is this more unique style of essay acceptable or do I have to alter my entire essay to focus on the approaches we studied in class?

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Hi Maggie,

regarding the judgment paragraph numbers I am a little confused as to where and when we should separate the paragraphs. Do you have any guidance on how to do this in order to attain organization and structure?

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In my essay I have drawn from critical race theory to form the framework I arguing in favour of no-platforming. Would I be able to include Islamophobia/antisemitism as recent examples? Although hate speech towards these groups is not on the basis of race, it is quite similar and often linked to race?

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Hello,
I saw below that you said we could apply Richardson by saying there is a strong suspicion of criminal activity that is integral. I'm struggling to find in the judgement where it mentions a suspicion of criminal activity. Do we just assume that this can be the case or does it say this in Richardson?

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Does every point made in the essay have to be based on no-platforming? or can it be about another aspect of free speech on campus

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Hi Maggie,

For the purposes of presentation, what would the the appropriate name for the judgment case be (eg. Green v DPP)?

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Hi Maggie,

I read one of your comment down below concerning the water industry act. Are you saying that we are not meant to use this act in the judgment at all?

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Is the essay question already not narrowed in scope by specifically talking about 'no-platforming at universities'? I'm struggling to narrow it further than this.

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Is the essay question already not narrowed in scope by specifically talking about 'no-platforming at universities'? I'm struggling to narrow it further than this.

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I am a bit unsure regarding what the Richardson test exactly is. Is it that - lawful activity is confined at acts or events that are integral to the premise in question, or the four part test at the beginning of the judgement?

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Do we have to use cases before richardson or can we just use cases after?

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If we choose to distinguish the case on the basis of environmental basis for example. Then work through the grounds of appeal can we allow the appeal even if only one ground is valid and dismiss the the other two or do all three grounds have to be valid to allow the appeal? 

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If we choose to distinguish the case on the basis of environmental basis for example. Then work through the grounds of appeal can we allow the appeal even if only one ground is valid and dismiss the the other two or do all three grounds have to be valid to allow the appeal? 

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Can you provide a source for the water utilities act of 1991 please? It does not seem to exist only the water industry or resources act, both in 1991.

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Do we need to paste each grounds of appeal into our judgement or do we assume they are already known? also as the first grounds is really what this is decided by do we need to reference the other two in any great detail?

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Do we need to add referencing in Judgment, as I haven't seen references in real judgments (in the form of footnotes), or should we mention the precedents within the passage? Also, do we need to add a Bibliography?

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If we choose to distinguish the case from Richardson, do we still have to say if the defendants are guilty or not? if we do, how do we reason this if we do not apply the same precedent?

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If we choose to distinguish the case from Richardson, do we still have to say if the defendants are guilty or not? if we do, how do we reason this if we do not apply the same precedent?

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I am very much struggling to find cases where Richardson has been applied - wondering if you had any ideas on this?

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I am very much struggling to find cases where Richardson has been applied - wondering if you had any ideas on this?

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you've mentioned on the essay guidelines to narrow down to "one or two issues", if we were to focus on only one issue, how can we still get a high mark?

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you've mentioned on the essay guidelines to narrow down to "one or two issues", if we were to focus on only one issue, how can we still get a high mark?

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Will the essay and judgement be graded as one piece or will they be graded separately to then add up with our other marks in the module?

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Will the essay and judgement be graded as one piece or will they be graded separately to then add up with our other marks in the module?

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When it comes to structuring an argument for the essay, does the counter argument have to be equally  developed as the point and rebuttal, or are we just supposed to consider the counter argument briefly (2-3 sentences)? 

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When it comes to structuring an argument for the essay, does the counter argument have to be equally  developed as the point and rebuttal, or are we just supposed to consider the counter argument briefly (2-3 sentences)? 

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do we have to include other cases besides Richardson in the judgement? I am struggling to find relevant cases 

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do we have to include other cases besides Richardson in the judgement? I am struggling to find relevant cases 

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Where can we access the lecture slides and lecture recordings from Term 2 lectures?

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Is it mandatory for the essay to talk about the Freedom of speech higher education bill? 

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Is it mandatory for the essay to talk about the Freedom of speech higher education bill? 

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Are the Paragraph numbers included in the word count?

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I'm very confused because in the judgment advice document, it says on page 4 that the 'wordcount includes your footnotes but not your bibliography' and then a couple of lines later that 'footnote references are not counted in your wordcount.' So I would like clarification - are referenced footnotes part of the wordcount or not?

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On the judgment exercise document it says the CoA felt bound by the precedent set in DPP v Richardson, but this is the High Court decision. Does it really mean Richardson v DPP which was the Supreme Court decision? Thanks

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Just a clarification, the 3 points of the Richardson case as stated in para 17 and 18 of the judgement right whereby different laws are used...

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Is the act of releasing the sewage water affirmed as an illegal act or do we have to establish how it is illegal then go onto the lawful activity defination?

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How are you meant to conclusively say whether or whether not TWC was discharging sewage in breach of a permit or EA standard rules when the case facts do not give any details as to the volume of sewage being discharged or the actual frequency? All that is in the case is that discharges continued but at a lower frequency and two swimmers got ill? Do we just say based on these facts it sounds like TWC was still discharging sewage in excess of its permit?

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Hello. For the judgement, do we need to include the cover page (that is in every judgement) which states the appellant and respondents? If so, will it count in the word count?

Thanks.

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Do I need to argue alongside a theorist or is it possible to  use different theories to back up my own arguments that I am trying to make in a coherent way?

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do footnotes count as word count  as on the guidance it says it does then 2 lines later says it doesn't?

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do footnotes count as word count  as on the guidance it says it does then 2 lines later says it doesn't?