Monday, April 1, 2019
Principal Issues For Research On Secret Trust Social Work Essay
Principal Issues For Research On Secret invest Social Work EssayI numerate that I halt reached this outcome and the associated skills beca practise I thunder mug expose the principal of materializations for query on a specific licit takings. I surrender conducted my explore on a specific theme Secret Trust. I in like manner set out found the principal discovers of investigate as required for this topic by expressing a investigate question.I think the doctrine of secret perpetrate is not a unprofessional personductive issue. The difficulties pose in the test and decision of this doctrine sackly point out that it is worth a look topic. The difference among the Wills come hypothesis and outside the Wills theory makes it exceedingly grey issue which hires c arful consideration. With just a wide-eyed attitude the fraudulent party may not be fitted to take the benefit for him or his family.To identify secret put, the definition of Wills Act and secret en pe rpetrate and how these atomic number 18 operated need to be considered. I ruling that there is some unclear and merely en hale fitted thought somewhat secret blaspheme.I realised that the example Backwell Vs Blackwell is a signifi keistert quality to identify the doctrine of frustration. The difference between Wills Act and outside the Wills theory can be identify from it. While dealing with the difference I came across various debatable issues where Wills Act is more preferable to the courts. I found that secret bank can make fraud existingly easily.According to the court the contracting parties should bare the risk .To avoid these entire complexness force major clause is the proper base.While preparing my question I thought I need to start from the basic points of constabulary of Trust. wherefore we make a trustingness? Why trust is failed? How secret trust is different from the requirement of Wills Act? In Blackwell Vs Blackwell , Re Falkiner and Re knowing Secret t rust has lead essential element that is intention to require trust, communication of the intention of secret trust to the secret trustee and word sense of the trust by the secret trustee. later on Blackwell various new wooings came into force and the doctrine of secret trust has developed but those were not authoritative for my look. The important part was the gift which is absolute but in tierally pit with the trustee that this is a trust. And it causes problem for the court to prove that it is trust and actual beneficiary is in vary difficult situation he/she may not even know about the trust. To solve it new cases own developed but still remain some confusion.EvidenceThe early and the second paragraph of my stress clearly indicate that I graveldemonstrated my skill in successfully identifying the principal issues. In my topic I grant move to identify the problems and complexity in sexual relation to the application of secret trust and tried to focus on the solution to it. I fetch identified various jural areas in the form of case truth which are essential for my research tend. The first 2 paragraphs clearly indicates that I subscribe managed to successfully identify the key issues for research in my topic and demonstrated the required skills of 1) legal solutions and research and 2) exemption and the ability to learn. The formulation of my research question tendernessing the topic plays a life-sustaining role in the process. At first I tried to identify the key problems of the current secret trust and commentator view. Text books, journals and early(a) keep materials attentioned me considerably in the process. Later I evaluated the verisimilar solutions correspond by the legal scholars and the case constabulary. on that point were several case laws which I analyse during the research process and found them in truth informative and recyclable in order to get the total understanding of the current law, e.g. Edwards V Pike, Re Sno wden, Re Young, McCormick V Grogan, Allen V Snyder and others. These cases brightened up my understanding regarding the topic. thither were some precise informative and useful articles I found at the online database. I am Thankful to the University of London for providing such a vast source of materials, that assistanceed me a lot as I could not redeem found those journal in the local database. The article and journal from online library, J E Penners law of trust, the subject scarper helped me a lot.Patricia Critchleys comment in dehors theory, Viscount Sumners comment about relation to the statute law and secret trust help me understanding in depth. Lord Hailsham L.C.s comment about destroying the full object of creating of secret trust and fraud on the beneficiaries gave a very in depth reflection on the chosen topic and control me maturely throughout the process. return 2Locate and retrieve applicable breeding on a specific topic employ ab passe-partout and secondary l egal sources, in paper or electronic media (including use of the world-wide web).ClaimI can locate and retrieve relevant information on a specific topic namely Secret Trust, apply primary and secondary legal sources, in paper or electronic media (including use of the world-wide web). In doing the research I first analyse my The rightfulness of Trustt textual matter-book written by J E Penner. There I perplex deceased through the Formalities and secret trust chapter, the relevant paragraphs and study the relevant materials. At this stage I train found incumbent information which helped me to get the initial ideas. I went through Westlaw via online law library. There I searched for the Secret trust and this helped to identify the potential research materials. I too went through Lexis Nexis for the cases on Secret trust. First I make up studied the definition of pro formaities as laid down in Statute and text book and after secret trust as laid down in text book and by the case law. Then I have picked the exact definition which is important and I put it in my research. I in any case studied the examples of secret trust or the areas which can be regarded as secret trust and I felt that some of those were important for my research as they dealt with formal trust and secret trust. I have then studied the difference between the full secret trust and one-half secret trust which was very crucial and similarly have gone on study the limitation of secret trust which is basically the main part of my research. I have picked the part which I felt important and wrote my research accordingly.I excessively studied at some relevant books available in my academy law library however I decided not to embarrass them in my project as this would mean going into very much larger detail than was required for present purposes. I knew from the very beginning that if I go through the text book and Westlaw I would be able to locate these materials important for the rese arch.EvidenceThe first step in my name on this project was to search for all necessary cases and other supporting materials. From chooseing the subject guide and resource books I have identified the most important cases for my research. I have gone through the cases on my text book, the subject guide and study pack. Apart from this I have extensively studied academic considerations, which helped me lot to develop my research. In my research I have engage the online sources. I have used ii the Westlaw and Lexis-Nexis Library. I went for arguments and article there. I also studied the secondary sources and conjure my research consequently.The bibliography of my research essay lists the primary and secondary sources I studied for my research. The case summaries and commentators argument verify that I found primary legal sources relevant to my research area. way out 3Use sources in a critical and reflective style.ClaimI can use sources in a critical and reflective way. In parag raphs 3-16 of my research essay. I get wind a critical and thoughtful analysis of a range of cases addressing the issue of the doctrine of secret trust. I identified those cases by examining the relevant sections of the text book, subject guide and commentary in Westlaw and then used the Lexis-Nexis database to rein the cases and download full case report I have read the cases, found out the specific information addressing the issue of the doctrine of half secret trust and full secret trust, their differences, links and also tried to find the solution to the complexity regarding this area. While preparing my research I endlessly check whether the topic which I have studied has both wedge on my research. I have particularly checked Blackwell V Blackwell case and cases related to it. At the age of studying I checked whether any issue deals with half secret trust, full secret trust, their differences and links. I have asked myself whether the issues which I was reading have anyth ing to deal with formalities and can help me to find that the distinction between half and full secret trust. For me an issue would be relevant if it anything to deal with secret trust. I have gone through the conflicting decisions and their arguments in favour of those and I got idea for my research.I have come to the knowledge that an argument is important if it has reliability and used for proper purposes. In my research the legal arguments which I have disposed(p) has strength and weakness. Whenever an argument has the persuasive power in relation to the topic and it can clearly put the picture to the reader then that argument has strength and if it is uncertain and unclear then the argument is unclear. In this regard I gave my effort to exit with the proper argument which put the clear picture to us.EvidenceIn my research essay I displayed my cleverness to use both primary and secondary legal sources and reference materials in a critical and reflective way. The case summari es and commentators view as given in the evidence for outcome 1 illustrate my ability to prise the primary legal sources judging their relevance and importance for my research.Outcome 4With limit guidance, and utilize a range of legal resources, plan, research and elicit an original piece of legal composition some of which should address areas of law not previously studiedin depth.ClaimI can, with limited guidance, and using a range of resources, plan, research and produce an original fashion model of legal writing some of which addresses areas of law not previously studied in depth. I finished a research essay using primary and secondary legal resources as I already mentioned in outcome two earlier. I had previous idea on law of secret trust. With those slight ideas I started my motion. I have attended a few(prenominal) group works with my chassismates and personal session with my teacher. I drawn my research with these and the viva presentation helped me a lot to complet e the research.I have gone through the secret trust and its increasing use in various aspect of law of trust. I studied the purpose of the secret trust, enforcement of the secret trust, dehors theory, criticism of dehors theory, fraud theory and criticism I also studied the issue of testamentary trust. While reading secret trust I have read the impact of half secret trust and full secret trust and thus eventually I have studied the effects of formalities both under common law and under the statute (Wills Act 1837). In dealing with all these issues I have found that the university subject guide does not provide us with material information on this depth area.EvidenceMy research essay clearly indicates that this area has not been studied in depth. In our class secret trust chapter was dealt in a very short time and we did not have the opportunity go in depth with our teachers. The research essay is my original piece of work it is a genuine writing on a particular legal issue. I am sta ting that this is my original work. I received limited guidance while doing it. I am aware of the penalties for plagiarism. My claim that this work goes beyond my previous learning is dead based on the case analysis I have through with(p) while doing my research essay.Outcome 5Make an accurate judgement of your progress and the quality of your work and, using feedback, identify areas for improvement.ClaimI believe that my research essay provides the necessary evidence to show that I am able to correctly identify and critically assess source materials to produce a credible answer to my research question. I consulted a variety of supporting materials, made an accurate assessment of them and drew probable conclusions. I believe I succeeded in selecting the most relevant materials and rejected those materials which were not related to the work or which duplicated information.I received feedback from my classmate Baezid, which allowed me to identify areas in need of change, improvemen t or clarification. I hustling a short presentation of my work outlining the topic and presenting the principal arguments. I believe that my oral presentation (Outcome 7) increased my understanding of some issues and highlighted those areas that need further work. In addition, the feedback I received from Baezid made me realize that I should focus on selected aspects of my research question and choose the two to three most important articles on the subject in order to be able to produce an essay within the word limit.I consider that I have produced an answer to my research question which is as around as possible given the scope of the task. I believe that this work is highly original it includes many valid questions and thought and could form the priming of a bigger research project.EvidenceMy research essay and portfolio provide evidence that I have achieved this outcome. In evaluating my work I rivet on my research skills, my ability to analyse legal texts and my presentation of arguments. I worked with other students (Elahi and Mahmudul) which allowed me to evaluate my legal research and presentation of argument skills. individually of us prepared a short presentation in which we explained concisely and coherently our research proposals and the main aspects of our work. This was a good practice for my oral presentation (see the PowerPoint slides in auxiliary C). In my presentation I centre on the conclusions. As I gave my presentation it became clear that I could not easily explain these, and my friends thought, even from what I had said, that my conclusion contradicted my own evidence. After my presentation, I reviewed my conclusions and saw that I was overstating my case and I needed to contain my argument and make my points both clearer and more subtle. This presentation with other students also gave me an opportunity to reflect on my presentation skills and help me prepare for the formal oral presentation (see the discussion under Outcome 7 bel ow).Outcome 6Produce a word- svelte portfolio, with footnotes, using abstract change tools, and propound and exchange documents by email.ClaimI can word-process text, with footnotes, using appropriate formatting tools, and communicate and exchange documents by email. I officially disk operating system that the full portfolio I have submitted was word-processed by me. The full assignment was entire in Microsoft Word software. I have used font Arial in size of 12 point. I also designed my headings, subheadings etc by using bold and underline format. In my whole legal research I have used 1.5 lines spacing to build it easier to read. the each outcome are in bold and size 14 point, the question of outcome are in 14 point and normal, the heading of claim and evidence are in 14 point size and with underline. In various tome to do my legal research I have faced many categorisation of problem, in that moment I have take very much support from my teacher and friends. They help me to so lve the problem to how can my research essay become well.Without internet this research can not be possible to complete well. I have tried my best to utilize this opportunity by using my University of London portal. After completing my research I have exchanged my research with my teacher friends by email. And I also take suggestion by this email.EvidenceThe provided legal research essay is the best and appropriate evidence of my achievement. The use of word processed portfolio, footnotes, screen shots of the emails I have exchanged, using a variety of formatting tools etc showed that I have completed this achievement.Outcome 7Briefly and accurately present and discuss, orally in English, legal information from standard textbooks, tip cases or statutes in a way that responds relevantly to the question asked or topic set and is understood by the audience.ClaimI can briefly and accurately present and discuss orally in English, legal information from standard textbooks, leading cases or statutes in a way that responds relevantly to the question asked or topic set and is understood by the audience. I made an oral presentation face-to-face at the intensifier Weekend in my Bhuiyan Academy H 13, R 7, Dhanmondi Dhaka 1205 Bangladesh on 2 February 2011 ( Morning Session). My assessor was Shajib sir senior teacher of my academy.EvidenceI include as evidence the PowerPoint slides (Appendix C) which I used as the behind of my presentation, a certificate proving that I completed the presentation (Appendix D) and the assessment pro forma with feedback from Shajib sir (Appendix E) indicating that I reached a high levelof competence in the task.Outcome 8Work as an active and effective member of a team contributing productively to the groups task.ClaimI can work as an active and effective member of a team and leave productively to the groups task. To do research I have took help from two of my associates. They help me very much. They help me to sort out what was the proble m of my research, how can I prepare my power point slide, what is the mechanism of screen shots of the emails I exchanged are included as Appendix B. I also improve my research by taking help from my teacher. He also plays a very effective role as a guide of mine.EvidenceIn my legal research Appendix B and Appendix C I have tried to show my evidence that I have described above. These two appendixes is a mirror of my take help and group work with my teacher and friends. These also provide that how much I have afforded in a group work.
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