Identify the legal issue that you are considering
6.1.4 Problem-style questions
Problem-style questions are important because they enable you to develop the skills of interpreting and applying the law in a logical way, and reaching a reasoned conclusion.
A problem-style question may present you with a hypothetical set of facts that involves one or more legal issues, and you may be instructed to advise someone about how the law applies to them.
You should answer problem-style questions using the ‘IRAC’ method. This method’s name is derived from the first letters of the four main stages identified beside the bullet points in Box 2.
Box 2 The IRAC method of answering problem-style questions
Overview
Start with one or two sentences outlining the purpose of your answer and briefly indicating the law that you will apply.
Issue
Identify the legal issue that you are considering – this is not a summary of the facts, but it inevitably arises from a careful reading of the facts.
Rule
Explain the relevant legal rule in your own words, and (wherever possible) give its source.
Application
Explain how the rule applies to the facts of the question.
Conclusion
Summarise the legal effect of the rule. Note that the conclusion on each issue should be very brief, rather than a full recap of the discussion.
Repeat the four IRAC stages for each legal issue.
Overall summary
End with one or two sentences, based on your conclusions in respect of each issue, that directly answer the question.
Box 3 shows how you could apply this method in planning an answer to a simple problem-style question. Your answer should comply with the guidance in Section 7.2, so it should notbe written in note form (as our example is), and it should not include any headings: these are given here so that you can see in detail how the method applies to this plan. This example would be appropriate at Level 1; at higher Levels, you would be required to include additional case examples and a more in-depth discussion of each rule and its application to the facts.
If you are asked to advise more than one party, you should mention all of them in the overview, work through the issues applying to them separately, addressing each party in turn (with the IRAC procedure for each issue), and mention them all in the overall summary.
Box 3 Using the IRAC method to plan an answer to a problem-style question
The following could be a problem-style question on a Level 1 module:
Arwen is driving her car along a busy road. She is distracted by her mobile telephone ringing and fails to stop at a junction. She collides with Vicki, who is cycling to work carrying her laptop. Vicki’s laptop and bicycle are damaged, and she suffers a broken arm. Advise Vicki on any civil claim she may have against Arwen.
One way to plan an answer to this scenario would be:
Overview
If Vicki has a claim in civil law, it will be for negligence
Need to establish whether all aspects of negligence – duty of care owed, breach of duty, causation, and damage – are satisfied by the facts in this scenario
Issue 1
Whether Arwen owes a duty of care to Vicki
Rule 1
Case law – neighbour principle: Donoghue v Stevenson [1932]1
Application 1
It is foreseeable that Vicki, as another road user, will be ‘closely and directly’ affected by Arwen’s conduct
Conclusion 1
Arwen owes a duty of care to Vicki
Issue 2
Whether Arwen has breached the duty of care
Rule 2
In order to fulfil the duty of care, a learner driver must attain the objective standard of a skilled and experienced driver: Nettleship v Weston [1971]2
Application 2
A skilled and experienced driver would not have been distracted by the phone and would have stopped at the junction; Arwen’s conduct fell below this standard
Conclusion 2
Arwen breached her duty of care to Vicki
Issue 3
Whether there is a causal link between Arwen’s conduct and the harm that Vicki has suffered
Rule 3
The breach of duty must have caused the harm suffered by the potential claimant
Application 3
Arwen’s breach of duty caused the collision and harm to a cyclist is reasonably foreseeable in such a collision
Conclusion 3
Arwen’s breach of duty caused the harm to Vicki
Issue 4
Whether Vicki suffered harm of a kind that is recoverable in civil law
Rule 4
Damages in civil law can include compensation for personal injury and damage to property
Application 4
Vicki’s broken arm is personal injury, and two items of her personal property – the laptop and bicycle – have been damaged
Conclusion 4
Vicki has suffered harm of a kind that is recoverable in civil law
Overall summary
All aspects of the law of negligence are satisfied by the facts, so Vicki will have a civil law claim against Arwen
––––––––––––––
1Donoghue v Stevenson [1932] AC 562.
2Nettleship v Weston [1971] 2 QB 691
Which of these patients received referral onto higher level care because of nurse phone call?
Database Life Cycle
Within my database, I chose entities from within my database questions. I selected the entities as the main points that I wanted to understand the entity relationships between. I also chose items in my database that are quantitative and measurable in database form to provide data support of nurse intervention.
The three questions I would like to see answered with database support are:
What is the number of postoperative patients divided into surgical specialty, procedure, surgeon, and date within a specific time frame (6 months)?
How many patients received postoperative phone call within the specified time frame (48-72 hours after discharge)
Which of these patients received referral onto higher level care because of nurse phone call?
Entities involved in this database relationship are:
Postoperative Patients
Postoperative Follow-Up Phone Call
Postoperative Complications
Attributes describing the entities (nouns):
For Patient: Surgeon, Surgery Date, Procedure, Surgical Specialty, Patient Identifier, Surgery Admit Classification, Discharge Date.
For Postoperative Phone Call: Nurse making the call, Date of Call, Did the nurse refer to higher level medical care (Y/N)?
Postoperative Complications: Types, Readmission? (Y/N)
The timing of the call is important to show that the patient was called within the specified time frame after discharge (48-72 hours), dates of surgery and discharge and date of phone call were included.
The model of design phase currently taking place is the Logical Model of the design phase and normalization process, leading to the Physical Design phase. Within this phase, construction of relational tables and evaluation of all data to be included in database occurs (Oppel, 2009). When constructing the tables, I chose to omit the Surgical Specialty and the Surgery Admit Classification, because these were redundant and not necessary to the outcome of the database information. I added date of readmission to the Postoperative Complications Table because this could provide information if there was a specific complication occurring within a few days of surgery (infection for example), it could be tracked to the surgical encounter. The primary key in my tables will be Patient MRN Number, since this is the only identifier that is unique to all patients. I realized that I would need to include Patient MRN Number in all tables for the relationship to occur.
I have attached my current draft of the Relational tables with above changes for feedback.
References
Oppel, A. J. (2009). Databases: A beginners guide. McGraw-Hill.
research value for the film industry: indicate how the expected results of this research will contribute to the industry (help the industry become better).
Chapter 5: Research expected results and research value
(Around 400 words)
1, Research expected results: what are the expected results after the research is completed?
2, research value for the academic: link back to the ‘research gaps’ that you have identified in Chapter 2:
Literature review, and indicate how the research value of your research will fill the research gaps.
3, research value for the film industry: indicate how the expected results of this research will contribute to the
industry (help the industry become better). 4, Research weaknesses: just briefly mentioned what are the
weaknesses in this research, and how you should overcome them when doing further research.
what is/are the innovative point of this research? How do you know it’s an innovative point?
Research meaning and research innovation
(around 300 words)
1, what are the meanings/significance of this research?
2, what is/are the innovative point of this research? How do you know it’s an innovative point?
3, the academic theories that you should know when conducting the research?
4, in terms of your research area, what are the research that has been done by other academics before?
briefly describe what is discourse analysis and what is general/descriptive discourse analysis.
Chapter 3: methodology
(Around 400 words)
1, state the method/theory that will be used in this research: hermeneutics and reception theory. Then briefly
describe what is hermeneutics and reception theory.
2, state how to collect the data of this research: non-participant observation, and in-depth interview. Then
briefly describe what is non-participant observation.
3, give a few examples on how to conduct the non-participant observation? (Where to do the observation: to
a film studio etc.) and what to observe (observe some of the production and distribution processes, and what
exactly are those processes etc.)
4, the way to analysis the research data: discourse analysis：general/descriptive discourse analysis. Then briefly
describe what is discourse analysis and what is general/descriptive discourse analysis.
Briefly describe each of the literatures that you have found, and state what are the core concepts (the fundamental argument/concept) in each of the literatures?
(Around 1400 words. Also please use the sources that can be viewed online when doing this literature
review chapter. Because if you do so, that means I can also view the literatures that you’ve viewed after
you finish the paper. Thank you)
1, Please find/discuss 12 – 15 literatures.
2, Briefly describe each of the literatures that you have found, and state what are the core concepts (the
fundamental argument/concept) in each of the literatures?
3, Please state the theoretical keywords after you have read the literature, and state which literatures do these
key words come from. For example: Cybernetics (from ?? article), media ecology (from ?? book), media
ontology (from ?? journal), etc.
4, Classify the literatures that you’ve found base on their research direction: how many research directions are
people studying by far, and what are the forte and the weaknesses in each of these research directions.
5, based on all literatures you have found, what are the literature gaps?
6, When writing this chapter, please also classify the literatures that you’ve found base on the literatures’ key
points of view and the theories that the literatures have used.
For example: “there are mainly three different ways to study streaming services: A, media ontology. Based on
this theory, the conclusion is……. The first literature thinks that…; the second literature argues that…; B, market
model. Based on this model/theory, the conclusion is……. The third literature thinks that…; the fourth literature
argues that… etc.
Briefly describe what are the film production and distribution process in both traditional film studios and streaming services in Hollywood.
A research proposal: By comparing the production and distribution process of both traditional film
studios and streaming services in Hollywood, how do streaming service gains audience from the
prospective of its production and distribution process? What is/are the fundamental difference(s)
between the two with respect to the reception of audience? what are the factors affecting the use of
streaming services?
Number of pages: 12 pages.
Paper structure:
Chapter 1: Research Background
(Around 600 words)
1, How Hollywood film studios work? And why they can remain such a powerful position in the entire
entertainment industry after all these years?
2, Briefly describe what are the film production and distribution process in both traditional film studios and
streaming services in Hollywood.
3, Why is streaming services popular?
4, What are the differences between watching a movie in cinema and via streaming service in terms of
audience reception and consumption?
Critically discuss the various types of insolvency procedure in terms of what distinguishes them from each other and when each one might be used, with reference to relevant legislation and case law.
You must answer ONE question from this section
- Critically assess whether the existing safeguards under the Companies
Act 2006 on the maintenance of capital provide adequate protection to
creditors. - Critically discuss the various types of insolvency procedure in terms of
what distinguishes them from each other and when each one might be
used, with reference to relevant legislation and case law. - ‘The company constitution, as contained in the memorandum and
articles of association, is a key aspect of the effective management of a
company.’
Critically discuss the above statement by reference to relevant
legislation and case law. - Critically assess, with reference to relevant legislation and case law,
the extent to which section 994 of the Companies Act 2006 (unfairly
prejudicial conduct) provides effective protection for minority
shareholders. - ‘Although the directors of a company have the freedom to manage the
company largely as they see fit, they remain under an obligation to act
in the company’s interests.’
Critically discuss the above statement by reference to relevant
legislation and case law.
Will the corporate veil of Goodfellas be lifted on the basis of the existence of an agency relationship between Scorcese and Goodfellas?
– You MUST answer this question
- Goodfellas Pasta Ltd (‘Goodfellas’) is one of the wholly owned
subsidiaries of Scorcese Italian Foods Ltd (‘Scorcese’). The profits of
Goodfellas are treated as those of Scorcese. Scorcese is in effective
control of Goodfellas; it also appoints the personnel who conduct the
business in Goodfellas. The office premises owned by Goodfellas have
been compulsorily purchased and compensation will be paid by the
local authority. Scorcese claims that the compensation should be paid
to itself directly as Goodfellas carries on the business as its agent.
Advise Scorcese as to the following:
a) Will the corporate veil of Goodfellas be lifted on the basis of the
existence of an agency relationship between Scorcese and
Goodfellas?
b) Will Scorcese and Goodfellas be treated as one single economic
entity?
c) Will the corporate veil of Goodfellas be lifted on the basis of justice?
What type of market structure do you think is more conducive to firms engaging in pricefixing?
Description
(a) Along with your textbook reading, review the videos, blog, and articles below on market competition. Then
respond to the following questions: If all the firms in an industry are charging the same price, is it fair to say that
they are engaged in price collusion? To what extent might this be a plausible explanation? Are there any other
possible explanations? What type of market structure do you think is more conducive to firms engaging in pricefixing? Why do you think the price-fixing situation in the case described went on for so long? (one paragraph)
Click the following link to review a recent price-fixing case on bread: Russell, A. (2018). 7 Canadian companies
committed indictable offences in bread-price fixing scandal: Competition Bureau
Global News. https://globalnews.ca/news/3998023/bread-price-fixing-scandal-competition-act-crimes/
(b) In your town or city try to find a local business that appears to enjoy some degree of monopoly power (it
does not have to be a pure monopoly: one unique product and one seller). Briefly describe the nature of this
business and explain some of the factors that give it monopoly power. To what extent do you think the business
is charging a fair price for what it offers? If you were to buy this business, what practical things would you do to
strengthen your monopoly situation? (one paragraph)
