Marking Criteria for LPDRE 1

Assessment 1: Summary Cause Application

Criteria for Marking

The Assignment will be marked out of 100 marks. The Assignment is worth 50% of the overall mark for the module.

The Assignment consists of two elements:

  • A brief legal note (40%); and

  • Drafting as the lawyer for the Pursuer the Form 1 and Form 1a (60%)

See the Assessment Brief for further information on each element.

Key Criteria For Marking

Structure (e.g. introduction, conclusion, signposting, logical development of argument)

Presentation and structure are important aspects of all legal documents. Good legal drafting requires careful consideration of the structure both in terms of following accepted norms of legal drafting (as indicated in the examples provided on the Scottish Court Service website) and in more general terms of communicating clearly.

Identifying the issues (e.g. clarity, comprehensiveness)

Part 1 specifically asks questions that should help demonstrate your understanding of the issues.

Identifying the issues will assist you in developing your Statement of Claim.

Knowledge and Understanding of relevant rules (e.g. depth, breadth)

To construct a good Statement of Claim you need to understand the rules (and rationale) of the Summary Cause court.

Application of the rules to the facts (e.g. clarity, comprehensiveness)

To prepare the Written Claim, you will need to demonstrate, building on the previous criterion, the correct application of the rules to the facts provided in the Materials provided.

Preparation of the Legal Forms (e.g. accuracy, presentation)

A common mistake is to not read the Forms properly. Therefore, you will be assessed on whether or not you completed the appropriate sections that would be expected of you by the sheriff court. This is particularly important for Form 1 and Form1a in Part 2 and Part 3.

Spelling and Grammar

You will be assessed on your grammar and spelling in this assignment. Sheriffs will not accept documentation that they consider to be of poor quality. Your partner (the boss) will not be impressed if your note is poorly presented or if the Form 1 and Form 1a are returned by the sheriff court (which can happen).


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