Equity Assessed Essay Questions 2023 by Annika Newnham

Bibliography

2023-01-31 11:48:49 UTC

In the four page count, does the page limit include a bibliography?

Answer: You need a bibliography at the end with all the sources you consulted, but it is NOT included in the four pages.

STRUCTURE

2023-02-10 16:12:49 UTC

Is there any particular structure we have to use for the coursework?

Answer: You should use the standard essay structure of a short introduction that just sets out the topics you will cover, and then a body of the text following by a short, summarising conclusion, but there is no particular structure that is the best one for this essay. That is up to you - but as a general rule is obviously makes sense to describe the law before you critique it and to do both those things before you suggest any reforms, if that's what you'd like to do.
You have a bit of freedom in this essay, so it is really important that the introduction explains what you cover.

Writing

2023-02-12 13:55:23 UTC

Can we use first person for this essay?

Answer: It is best avoided, use a passive voice if you can: e.g. this essay will argue... If you were starting a sentence with "I think" or "I believe" then the sentence will work just as well without those two words at the start of it.

Argue both sides or just suggest reform?

2023-03-03 14:22:13 UTC

Do we have to argue both sides meaning why the law should and should not be reformed. Or do we just argue that the law on CICT should be reformed and then give examples of reform.
Answer:
I think you have to demonstrate why the law needs to be changed in a fairly balanced way first. It doesn't have to be completely balanced with equal time spent on pros and conts. You can quickly acknowledge that there are some good things about the law as it is now before setting out why the disadvantaged outweigh those good things and then explaining how reform will fix those problems.

Expectation

2023-03-03 18:47:36 UTC

What do you expect from students for this essay?
Please give us some details🤓
Hi
If you look at the second part of the Lecture on Purpose Trusts that's me talking about what we expect from the essay.

Question

2023-03-05 09:19:19 UTC

Should we critique the law in the sense that we first suggest the positive and negatives of a specific area and then apply the Reform proposal. Or should we critique the positives and negatives of the reform first and then support the one opinion or the other ?

Answer: Before you suggest the reform you need to tell us what the law is, what is wrong with it, and why it needs to be reformed. That seems more logical to me, kind of "here's the problem and here's how to fix it".

How many changes?

2023-03-05 14:52:59 UTC

is it enough to write two ways in which the law should be changed?
Answer: Yes, that's definitely enough. You only have four pages, so if you suggest too many changes there's a risk you won't explain any of them properly or in enough depth. Your essay will end up being superficial. Even one change is enough if you think that's the most important change.

'Joint Name' and 'Sole name' cases

2023-03-05 15:18:26 UTC

If the principles are different for these types of cases, then why is a single name case mentioned in Jones v Kernott?
Answer:
Technically, anything the judges say in Stack v Dowden and Jones v Kernott are obiter dicta (things said by the way that don't change the law). It doesn't change the law bit it is hugely influential. The judges are criticising Rosset in the hope that another sole name case will come along and change the law. Is that what you meant?

Why was it held that in Gissing v Gissing there was no express agreement?

2023-03-10 18:50:31 UTC

Answer: The judgment just states that there was no agreement - presumably because the husband and wife never made such an agreement and the wife never tried to argue that there was one.
Don't spend too much time on Gissing and Pettitt. Focus on what the law is now: Rosset, Stack and Jones v Kernott

if you find in a secondary source or textbook that they have the same reform idea do you footnote them?

2023-03-10 19:05:01 UTC

Answer: I have been there and it is so frustrating! Yes, it is better to footnote it.

Question

2023-03-11 22:37:40 UTC

is it enough to say two ways in which the law should be changed?
Answer: Yes. Even one can be enough if you explain it fully.

OSCOLA

2023-03-11 23:33:37 UTC

Is bibliography sufficient as citations or do we need to include oscola referencing in our footnote as well?
Answer:
You have to do both! Otherwise how do I know which source is authority for what statement of the law/academic opinion.

Footnotes

2023-03-12 10:03:53 UTC

If we reference a case at the beginning of the essay and then we continue using the name of the case in the other pages of the essay do we have to reference it again in every single page?
Answer: No you don't. It's enough to footnote the big cases (Rosset, Stack, Kernott) once.

Question

2023-03-13 06:45:06 UTC

is it enough to write two ways in which the law should be changed ?
Answer: Yes. I actually think it would be unwise to try to cover more than two, because you have four pages, and you have to be able to cover each proposed reform in enough depth to show why it's a good idea. Too many changes will your essay superficial/shallow and you'll lose marks for that.

Question

2023-03-13 14:30:46 UTC

Can we suggest reform that we feel is necessary from our own view if we feel it is not addressed in journal articles or should all our suggested reform come from some form of academic articles?
Answer: you can absolutely suggest a reform that you have not read about somewhere else.

Do we need to propose reforms?

2023-03-13 15:54:55 UTC

It is enough to say that the law needs to be reformed, or should we discus possible reform options and ways which the law should be changed?
Answer: It is not enough to just say the law need to change, you need to give some indication of how you'd change it for the better, so at least some outline of a proposal. It does not need to be super detailed.

please how do we access the articles on the spring guide. it is not showing up when i search for it online

2023-03-13 22:35:38 UTC

Answer: It is difficult for me to answer when I don't know how you've searched so far. They are all available via the library and its databases. Use the library's eJournal finder and it will tell you how to access every different journal. Family Law is on Lexis, Conveyancer on Westlaw and most others through the publishers' own websites. When you go in through the library you can log in and get access. This link is the shortcut I have on my computer.

Cases

2023-03-14 07:59:51 UTC

How many cases do you expect us to include ?
Answer: I'm sorry but I can't give you an easy answer or clear number. There are three that are absolutely essential because they are the big leading cases (Rosset, Stack, Kernott) and I'd struggle to pass an essay that didn't mention any of them! Beyond that, it's more about how you use the cases - don't list lots of cases unless they're useful. And don't waste words on lots of facts from cases. But show me you have READ at least some of the judgments from some of the leading cases.

No Reforms Necessary

2023-03-14 10:38:55 UTC

Can we argue that no reforms are necessary - that the law is sufficient as it is and make broader suggestions for changes outside the law?
Answer: As long as you explain why. You can look at changes to how the law is being implemented, but bear in mind that this is a law essay. You need to use case law and academic articles to justify why you think the law is fine as it is. You also need some kind of authority to back up your argument that whatever changes outside of the law would improve things.

Referencing

2023-03-14 11:09:46 UTC

If we reference a case in the footnotes but the name is not in the main body can we mention it in short later in the main body or do we need to put the full case name. E.g. Can we put the full case name for Stack in the footnotes and then mention it in the main body later as Stack even if it has not been mentioned in the main body before?
Answer: No I wouldn't do that. I would mention at least one word from the case name in the text (ideally one word for each party) the first time around. Otherwise we'll suddenly see a new case name crop up and either spend a lot of time hunting through the footnotes for it or assume you've not referenced properly. Alternatively, if you've used it previously in a footnote, mention just one name this time but also provide the reference this time in a footnote.

Wording

2023-03-14 18:39:16 UTC

Can we write CICT instead of long word common intention constructive trust throughout the essay just to save up space?
Answer: Yes, you can. But as with any abbreviation, introduce it first like this: the Common Intention Constructive Trust (CICT).

can we use a case that is not under English law as i have a scottish case that i think is relevant to one of my reforms

2023-03-14 18:59:30 UTC

Answer: Yes, you can, but you obviously have to make it clear that it is a case from another jurisdiction. Bear in mind also that Scotland does have legislation on cohabitants so it is a very different context.

Referencing

2023-03-15 16:14:37 UTC

How do we reference the maxim 'Equity follows the law'?
Answer: This is so old that we've no idea what the original source is. In this context, you can cite Stack v Dowden where do state this.

Positives and negatives of Reform

2023-03-16 10:42:46 UTC

Is it necessary to have equal examples on pros and cons of the reform or if we support the reform we can highlight the positives and have less examples of negatives?
Answer: It is fine to write more about the advantages of the reform than about the disadvantages. If there are any real disadvantages that have been suggested, then you should acknowledge them. But you would not be recommending this reform if you didn't think the advantages outweighed the disadvantages, so you don't have to spend equal time on both.

COMPARISON

2023-03-17 01:42:09 UTC

Can we compare CICTs with resulting trusts, or would this be wrong? in order to demonstrate why some argue the need of reform concerning CICTs? Also instead of writing common intention constructive trusts can we use the abbreviation CICTs instead?
Answer: You should always introduce your abbreviation the first time by writing it in brackets after the full name. After that you can use CICT. Yes, you can compare CICT to RT.

structure

2023-03-17 01:43:22 UTC

can we separate it in sections?
Answer: Yes, you can, and you can use a few subheadings if that is helpful.

Cohabitation Bill

2023-03-17 05:25:49 UTC

Hi Annika, when the cohabitation Bill which was based off the 2007 law commission report recommendations wasn’t supported by the government, are we supposed to assume it’s because their reform proposals weren’t satisfactory?
Answer: Governments make political decisions. The official answer was that they wanted to wait for evaluation of the Scottish legislation, rather than critique of the LC's proposals. Cohabitation is politically sensitive, reform risks being seen as undermining marriage, and that's why we have no legislation in England.

Resulting trusts

2023-03-18 11:34:28 UTC

Is it okay to not compare CICT to resulting trust?
Answer: Yes, that's okay. No need to do that unless you're actually recommending it as a reform.

Question

2023-03-18 12:41:32 UTC

Is repeating the question considered as plagiarism?
Answer: No, but it will show up in your similarity percentage but that doesn't really matter.

Introduction and conclusion

2023-03-18 12:48:16 UTC

You mentioned about writing a short introduction and conclusion. Is less than 8 lines okay?
Answer: Yes.

Footnotes/ Page Count

2023-03-18 14:44:49 UTC

Will we be penalised if our footnotes cause our work to go over the page limit. I was writing 4 pages worth of work however once I added the references this increased to 5 pages and now I feel stuck because I can't really cut it(I know that bibliography isn't included in the page limit, I'm only talking about the footnotes)
Answer: Yes, footnotes count. They can be in smaller font. Good luck with your editing.

Annika's published work

2023-03-18 14:45:46 UTC

Hello Annika.
How can we access the work you have published?
Answer: via Lexis for Family Law.

question

2023-03-19 12:59:19 UTC

if i compare RTs and CICTs to demonstrate the need of reform is okay as mentioned previously. but what if i do compare them and mention that neither of these in reality demonstrate a fair system as CICTs is confusing and RTs is not fair, can i say that neither of these are actually fair and they need reform?
Answer: Yes, you can.

what is the reasonable bystander?

2023-03-19 13:01:07 UTC

what is the reasonable bystander and do i really need to mention it? I mean there are different things we can argue right? We don't need to mention this right? if we argued about other things
Answer: No, it's not something that is essential to discuss.

annika's article

2023-03-19 13:02:22 UTC

I'm a bit confused what do you conclude in your article because i have read it and I'm not quite sure if you believe that there should be reform in CICTs
Answer: There is no right answer to this essay, we want to know how you think the law should be reformed - not what I think.

structure

2023-03-19 13:03:31 UTC

If i did criticism throughout the essay but always argues the advantages is that fine? I mean is that critical analysis?
Answer: critical analysis doesn't mean you always have to be negative/critical. You can argue that the advantages of something outweigh the disadvantages.

reform

2023-03-19 13:04:46 UTC

what if i compared RTs and cicts in order to show that both of them are problematic and in my conclusion i introduced new reforms. I did not find these new approaches in any book is something i thought is that okay?
Answer: Yes, that sounds okay.

footnotes

2023-03-19 13:08:10 UTC

do cases in footnotes and bibliography should be in italics? or only throughout the essay
Answer: Keep the names in italics everywhere for consistency.

question

2023-03-19 13:09:36 UTC

what if my essay is mainly criticizing the CICTs? Is that okay? ofc i argue about the positives but what if i agree with the question?
Answer: Yes, it is fine to be critical. But if you agree it needs to be reformed you need to make a suggestion as to how it should be reformed.

Page Limit

2023-03-19 19:45:56 UTC

My work has gone over by 6 lines. I have tried my hardest to cut things but I honestly can't anymore. I don't know what to do and feel extreme stress, especially as the work that goes over is the conclusion which has a lot of critical analysis.
Answer: Your conclusion should not have new material, it should just sum up what you have argued in the essay. I'm sorry but the rule is the rule: four pages. Leave it overnight and have another look tomorrow.

Footnotes and Bibliography

2023-03-20 09:03:21 UTC

Can the footnotes and the bibliography be a smaller font?
Answer: The footnotes can be a slightly smaller font, but not so tiny that we can't read them (10 is fine). The bibliography doesn't need to be smaller, because it isn't included in the four pages. Please keep that to normal 12pt.

footnotes

2023-03-20 14:51:55 UTC

what if my footnotes are size 6 because then the page limit will be exceeded?
Answer: Size 6 is so small that we may not be able to read it properly. If we can't read your footnotes, we can't give you full credit for the research. Try size 9 at least.

italics

2023-03-20 14:52:47 UTC

should articles and books in footnotes be in italics or only cases?
Answer: Only the names of the cases.

criticism

2023-03-20 14:53:43 UTC

My essay is criticism of CICTs and then I suggested reform, I compared with RTs but i ended up saying courts neither should use CICTs or RTs. Is that okay?
Answer: Yes, you don't have to pick the RT or CICT.

advantages

2023-03-20 14:54:33 UTC

what if i didn't find a lot of advantages of CICTs is that okay? as my arguments are mainly suggesting the need of reform
Answer: That is fine, and probably an opinion shared by quite a few people.

rosset case

2023-03-20 14:56:16 UTC

is it okay if i mainly said about the Kernott and Stack case? i used Rosset only to mention the definition of intention. is that fine?
Answer: I can't say too much, but you need to show you understand when Rosset applies.

Footnotes size

2023-03-20 15:41:52 UTC

will we lose more marks if our footnotes are smaller than 9 or if our work goes over the page limit? I have to do either one and don't know which would be best.
Answer: Neither are good solutions, I'm afraid. You mustn't go over the page limit. You have time to edit out a couple of sentences.

Is CICT and RT legislation? Could I recommend a new law? Or are these laws?

2023-03-20 15:44:20 UTC

Answer: CICT and RT are law, but they are common law, ie case law. They are not legislation. You can recommend changes to the rules of the case law OR you can recommend new legislation (ie an Act of Parliament). We don't have any legislation for cohabitants so far in our jurisdiction.

footnotes

2023-03-20 16:10:38 UTC

if i make the footnotes bigger then the whole essay will be more than 4 pages and i can't delete anything to be fair. You can see the footnotes when you click on the number of the footnote everything is written there.
Answer: I'm sorry but you can delete something to make your footnotes a legible size. This post feels more like an ultimatum than a question, but the same rules apply to everyone. That is fair.

draft

2023-03-20 16:11:39 UTC

i cannot put it in the draft coursework and i want to check my essay
Answer: I'm not sure why that is, check with Blackboard help or the Student Support Centre.

footnotes

2023-03-20 16:12:39 UTC

i mentioned some things in the footnotes like books do is that okay?
Answer: Not really. That is you circumventing the four page rule by putting some of the text in a tinier font. You won't get credit for any arguments you put in footnotes. That would not really be fair on others who have cut things out completely.

Page Requirement too restrictive

2023-03-20 18:57:12 UTC

What are your best pieces of advice when it comes to cutting work, what would be most appropriate to get rid of first?
Answer: Get rid of any waffle in the introduction, and repetition anywhere, and edit down the description of the law as much as you can. You don't need to go through the history of how the CICT developed, just tell us what the law is today. Also, don't tell us the facts of cases unless they're really relevant to your criticism of the current law.

Evaluative

2023-03-20 18:58:45 UTC

I fear my essay is far too descriptive, but everything written is necessary. I want to be more critical but have already written far far too much. Can there be gaps in our knowledge at the expense of evaluation?
Answer: You don't have to tell us everything you know about the CICT, there is enough to fill 40 pages of that... Tell us what the law is now, edit it down as much as possible. Take out as much description of case facts as you can.

Plagiarism

2023-03-20 19:09:24 UTC

If I put my work into a readability test to see the reading age/ any spelling errors of the essay does it risk being plagiarised by being on their database.
Answer: I genuinely have no idea. But it's not going to be a problem for you as long as someone doesn't find it, download it and submit it on Turnitin tomorrow and that seems extremely unlikely.

title

2023-03-20 19:55:45 UTC

should we write our student id on the title or completely anonymous? SOS
Anwer: It is completely anonymous. Turnitin will generate a number for us to track but we won't know who the authors are until everything is marked. But if you accidentally write your student number, name or any other identifying details we won't automatically fail you. :)

criticism

2023-03-20 19:57:50 UTC

is it okay if we criticized a judge?
Answer: Yes, you are allowed to. It is good to criticize some of their reasoning.

footnotes SOS

2023-03-20 20:19:20 UTC

the size is 8 but when u submit it in the turnitin you can read it clearly is that ok?
Answer: That is up to you. I haven't looked at detailed font sizes but if you can read it, fine.

footnotes

2023-03-20 20:22:49 UTC

is 8-9 size a good size? you can read them on turnitin
Answer: I can't be the font size police. If you think the footnotes are legible, go for it. I guess we all have reading glasses.

footnotes

2023-03-20 20:33:33 UTC

what if we submitted them with size 8 but you can read them clearly on turnitin?
Answer: I can't be the font size police. If you think the footnotes are legible, go for it. I guess we all have reading glasses.

Submission

2023-03-20 22:26:41 UTC

How many times can we submit to turn tin
Answer: You can submit through the draft one as many times as you want, but only once to the "real" one. Use Ask a Question on RISIS and attach your essay if anything goes wrong with you turnitin submission

Title

2023-11-22 15:02:02 UTC

I can't find any information/the title for the essay anywhere??

What's the title?

Remedies

2024-02-26 19:14:10 UTC

Are we allowed to address proprietary estoppel and use it as a remedy although it was taught in land law and not in equity and trusts?

Referencing

2024-02-26 19:15:59 UTC

For the summative are we required to reference using footnotes?

It does not state whether Charles and Sebastian were married, does that mean they were a cohabitating couple as rights differ?

2024-03-02 16:35:40 UTC

Do we layout the problem question in the structure of IPAC or an essay ?

2024-03-06 13:49:07 UTC

The Padlet is now Frozen

Annika_Newnham — 2024-12-09 18:06:21 UTC

Submission is now soon, so I am freezing this to avoid missing anything. Please still scroll through, chances are your question has already been answered.