Assessment Task 2: Structured Essay (LAW201)
Critically consider the following:
Defences play a crucial role in the law of defamation. In some ways, defences in defamation provide a balance between freedom of speech and protection of reputation.1
1 See, for example, Theophanous v Herald & Weekly Times Ltd (1994) 182 CLR 104.
In your answer, you should include:
- The defences of justification, fair report of proceedings of public concern, and triviality;
- Critical consideration of how these defences operate to balance freedom of speech and protection of reputation;
- Discussion of any limitations of these defences in balancing freedom of speech and protection of reputation; and
- The relevant parts of the Defamation Act 2005 (Qld), and relevant case law and secondary material.
|Marking Criteria for Assessment Task 2 (LAW201, Torts A) Marking criteria||Outstanding (HD)||Very Good (D)||Good (Credit)||Satisfactory
|1. Application of relevant law, principles and knowledge||Very thoroughly researched, effective use of materials; comprehensive identification and discussion of issues||Well researched, appropriate use of materials; good identification and discussion of issues||Competently researched, good use of materials; majority of relevant issues identified and discussed.||Some relevant materials overlooked; some use of research materials; possibly some misunderstanding of issues or materials||Limited research, relevant materials overlooked or misunderstood; failure to identify and discuss relevant issues|
|2. Critical thinking, analysis & reasoning||Thorough analysis, deals effectively with complexity of issues; persuasively argued throughout, contrary arguments anticipated, good critical evaluation of materials||Good analysis, argument well-developed and supported, some critical evaluation of materials||Some analysis of issues; argument may be under-developed or unpersuasive, synthesis of materials with limited critical evaluation||Mainly discursive with little analysis of issues; basic argument is unclear or undeveloped or not well supported, some reference to relevant material||Insufficient analysis, argument is lacking or unsound, failure to use relevant materials, may indicate confusion or misunderstanding|
|3. Structure & writing||Clear and logical structure & organisation; precise and concise writing||Suitable and coherent structure & organisation; generally well written||Generally coherent structure & organisation but with occasional deficiencies; reasonably well written||Some defects in structure and organisation; writing may be difficult to follow in parts||Structure and organisation incoherent or lacking; poorly written, difficult to follow|
|4. Presentation & referencing (including compliance with AGLC)||Minimal errors in expression, grammar, spelling or punctuation; full and accurate citation of authorities and sources; thoroughly edited.||Occasional minor flaws in expression, grammar, spelling or punctuation; authorities and sources are generally cited correctly; well edited||Some flaws in expression, grammar, spelling or punctuation; may have some missing, incomplete or incorrect footnote citations; some oversights in editing||Flaws in expression, grammar, spelling or punctuation; a number of missing, incomplete or incorrect footnote citations; editing with little care||Frequent or repeated flaws in expression, grammar, spelling or punctuation; inadequate citation of sources; poor editing|
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