types of assignments in law

Top 14 Assignments Law Students Have to Deal With

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Being a student always means having to deal with loads of homework. This statement is true for all students, regardless of their academic level or the major they choose to study. However, while the scope of homework is about the same for everyone, the types of assignments can slightly vary depending on the subject that you study.

In this article, we are going to tell you about the four main homework types facing law students, in particular. So, if you are a law student yourself, read on to learn what will be expected of you in a law school. 

Practice Homework

The first and the most common of the four main homework types is practice homework. The core goal of such assignments is to help students expand their knowledge and reinforce their newly-acquired skills by means of putting them to practice. This kind of homework is the one that makes the most of the academic program, which is why law students struggle with it the most.

The most common assignment that represents this type of homework is essay writing. Just like the rest of their peers, law students are being assigned dozens of essays and other academic papers every year. A load of such assignments is so huge that students often look for the write my essay online writing services and platforms. But, it is an integral part of the educational process, so there is no way to avoid academic writing.

Some other examples of practice homework that you can face in a law school can include:

• Memorizing local laws;
• Reading court records;
• Examining subject-related literature, etc.

Extension Homework

The second one of the four main homework types is extension homework. In a nutshell, this type of homework is used by professors to encourage their students to pursue knowledge individually and in ways that are more imaginative than simply reading a textbook. Also, extension assignments are used to help students connect what they learn in the classroom with real-life and apply their existing skills to expand their knowledge.

Common types of law assignments that represent this type of homework include:

• Writing literature reviews;
• Researching local law news;
• Compare and contrast events, etc.

Creative Homework

Despite the fact that law students spend most of their time studying complex and serious subjects, there is still a place for the next type of homework – creative homework in their curriculums. As you can guess from its name, this type of homework often takes different creative forms. The key goal is to help students develop problem-solving and critical thinking skills through completing creative projects.

There are plenty of examples of creative homework assignments that you can face in a law school. Basically, pretty much any type of individual project can be considered a creative homework assignment. However, to help you grasp the idea, here are a few examples of the most common law assignments of this type:

• Research projects;
• Photo essays;
• PowerPoint presentations, etc.

Preparatory Homework

Finally, the last of the four types of homework is preparatory homework. The key goal of such homework is to help students gain solid background on a specific unit of study in order to prepare them for future lessons. Simply put, preparatory homework is the type of homework that helps you collect initial knowledge on the subject you are studying. And it can also be called one of the most common types of assignments facing law and other students.

What assignments can be considered as preparatory homework? In fact, there are many. To name a few, here are some of the most common examples of this type of homework:

• Tests and exams;
• Completing exercises from the workbook;
• Reading textbook chapters to prepare for the next lesson, test, discussion, etc.

The Bottom Line

Whether you are just planning to enroll in a law school or are already a law student, knowing about different types of homework that you will have to deal with can empower you for better academic achievements.

After reading this article, you should have a better idea of different homework types that you can face studying in a law school. Hopefully, this will help you prepare for your academic path and ensure success.

Camilla Uppal

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• assignments basic law

Assignments: The Basic Law

The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States.

As with many terms commonly used, people are familiar with the term but often are not aware or fully aware of what the terms entail. The concept of assignment of rights and obligations is one of those simple concepts with wide ranging ramifications in the contractual and business context and the law imposes severe restrictions on the validity and effect of assignment in many instances. Clear contractual provisions concerning assignments and rights should be in every document and structure created and this article will outline why such drafting is essential for the creation of appropriate and effective contracts and structures.

The reader should first read the article on Limited Liability Entities in the United States and Contracts since the information in those articles will be assumed in this article.

Basic Definitions and Concepts:

An assignment is the transfer of rights held by one party called the “assignor” to another party called the “assignee.” The legal nature of the assignment and the contractual terms of the agreement between the parties determines some additional rights and liabilities that accompany the assignment. The assignment of rights under a contract usually completely transfers the rights to the assignee to receive the benefits accruing under the contract. Ordinarily, the term assignment is limited to the transfer of rights that are intangible, like contractual rights and rights connected with property. Merchants Service Co. v. Small Claims Court , 35 Cal. 2d 109, 113-114 (Cal. 1950).

An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time. However, an assignment cannot have any adverse effect on the duties of the other party to the contract, nor can it diminish the chance of the other party receiving complete performance. The assignor normally remains liable unless there is an agreement to the contrary by the other party to the contract.

The effect of a valid assignment is to remove privity between the assignor and the obligor and create privity between the obligor and the assignee. Privity is usually defined as a direct and immediate contractual relationship. See Merchants case above.

Further, for the assignment to be effective in most jurisdictions, it must occur in the present. One does not normally assign a future right; the assignment vests immediate rights and obligations.

No specific language is required to create an assignment so long as the assignor makes clear his/her intent to assign identified contractual rights to the assignee. Since expensive litigation can erupt from ambiguous or vague language, obtaining the correct verbiage is vital. An agreement must manifest the intent to transfer rights and can either be oral or in writing and the rights assigned must be certain.

Note that an assignment of an interest is the transfer of some identifiable property, claim, or right from the assignor to the assignee. The assignment operates to transfer to the assignee all of the rights, title, or interest of the assignor in the thing assigned. A transfer of all rights, title, and interests conveys everything that the assignor owned in the thing assigned and the assignee stands in the shoes of the assignor. Knott v. McDonald’s Corp ., 985 F. Supp. 1222 (N.D. Cal. 1997)

The parties must intend to effectuate an assignment at the time of the transfer, although no particular language or procedure is necessary. As long ago as the case of National Reserve Co. v. Metropolitan Trust Co ., 17 Cal. 2d 827 (Cal. 1941), the court held that in determining what rights or interests pass under an assignment, the intention of the parties as manifested in the instrument is controlling.

The intent of the parties to an assignment is a question of fact to be derived not only from the instrument executed by the parties but also from the surrounding circumstances. When there is no writing to evidence the intention to transfer some identifiable property, claim, or right, it is necessary to scrutinize the surrounding circumstances and parties’ acts to ascertain their intentions. Strosberg v. Brauvin Realty Servs., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998)

The general rule applicable to assignments of choses in action is that an assignment, unless there is a contract to the contrary, carries with it all securities held by the assignor as collateral to the claim and all rights incidental thereto and vests in the assignee the equitable title to such collateral securities and incidental rights. An unqualified assignment of a contract or chose in action, however, with no indication of the intent of the parties, vests in the assignee the assigned contract or chose and all rights and remedies incidental thereto.

More examples: In Strosberg v. Brauvin Realty Servs ., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998), the court held that the assignee of a party to a subordination agreement is entitled to the benefits and is subject to the burdens of the agreement. In Florida E. C. R. Co. v. Eno , 99 Fla. 887 (Fla. 1930), the court held that the mere assignment of all sums due in and of itself creates no different or other liability of the owner to the assignee than that which existed from the owner to the assignor.

And note that even though an assignment vests in the assignee all rights, remedies, and contingent benefits which are incidental to the thing assigned, those which are personal to the assignor and for his sole benefit are not assigned. Rasp v. Hidden Valley Lake, Inc ., 519 N.E.2d 153, 158 (Ind. Ct. App. 1988). Thus, if the underlying agreement provides that a service can only be provided to X, X cannot assign that right to Y.

Novation Compared to Assignment:

Although the difference between a novation and an assignment may appear narrow, it is an essential one. “Novation is a act whereby one party transfers all its obligations and benefits under a contract to a third party.” In a novation, a third party successfully substitutes the original party as a party to the contract. “When a contract is novated, the other contracting party must be left in the same position he was in prior to the novation being made.”

A sublease is the transfer when a tenant retains some right of reentry onto the leased premises. However, if the tenant transfers the entire leasehold estate, retaining no right of reentry or other reversionary interest, then the transfer is an assignment. The assignor is normally also removed from liability to the landlord only if the landlord consents or allowed that right in the lease. In a sublease, the original tenant is not released from the obligations of the original lease.

Equitable Assignments:

An equitable assignment is one in which one has a future interest and is not valid at law but valid in a court of equity. In National Bank of Republic v. United Sec. Life Ins. & Trust Co. , 17 App. D.C. 112 (D.C. Cir. 1900), the court held that to constitute an equitable assignment of a chose in action, the following has to occur generally: anything said written or done, in pursuance of an agreement and for valuable consideration, or in consideration of an antecedent debt, to place a chose in action or fund out of the control of the owner, and appropriate it to or in favor of another person, amounts to an equitable assignment. Thus, an agreement, between a debtor and a creditor, that the debt shall be paid out of a specific fund going to the debtor may operate as an equitable assignment.

In Egyptian Navigation Co. v. Baker Invs. Corp. , 2008 U.S. Dist. LEXIS 30804 (S.D.N.Y. Apr. 14, 2008), the court stated that an equitable assignment occurs under English law when an assignor, with an intent to transfer his/her right to a chose in action, informs the assignee about the right so transferred.

An executory agreement or a declaration of trust are also equitable assignments if unenforceable as assignments by a court of law but enforceable by a court of equity exercising sound discretion according to the circumstances of the case. Since California combines courts of equity and courts of law, the same court would hear arguments as to whether an equitable assignment had occurred. Quite often, such relief is granted to avoid fraud or unjust enrichment.

Note that obtaining an assignment through fraudulent means invalidates the assignment. Fraud destroys the validity of everything into which it enters. It vitiates the most solemn contracts, documents, and even judgments. Walker v. Rich , 79 Cal. App. 139 (Cal. App. 1926). If an assignment is made with the fraudulent intent to delay, hinder, and defraud creditors, then it is void as fraudulent in fact. See our article on Transfers to Defraud Creditors .

But note that the motives that prompted an assignor to make the transfer will be considered as immaterial and will constitute no defense to an action by the assignee, if an assignment is considered as valid in all other respects.

Enforceability of Assignments:

Whether a right under a contract is capable of being transferred is determined by the law of the place where the contract was entered into. The validity and effect of an assignment is determined by the law of the place of assignment. The validity of an assignment of a contractual right is governed by the law of the state with the most significant relationship to the assignment and the parties.

In some jurisdictions, the traditional conflict of laws rules governing assignments has been rejected and the law of the place having the most significant contacts with the assignment applies. In Downs v. American Mut. Liability Ins. Co ., 14 N.Y.2d 266 (N.Y. 1964), a wife and her husband separated and the wife obtained a judgment of separation from the husband in New York. The judgment required the husband to pay a certain yearly sum to the wife. The husband assigned 50 percent of his future salary, wages, and earnings to the wife. The agreement authorized the employer to make such payments to the wife.

After the husband moved from New York, the wife learned that he was employed by an employer in Massachusetts. She sent the proper notice and demanded payment under the agreement. The employer refused and the wife brought an action for enforcement. The court observed that Massachusetts did not prohibit assignment of the husband’s wages. Moreover, Massachusetts law was not controlling because New York had the most significant relationship with the assignment. Therefore, the court ruled in favor of the wife.

Therefore, the validity of an assignment is determined by looking to the law of the forum with the most significant relationship to the assignment itself. To determine the applicable law of assignments, the court must look to the law of the state which is most significantly related to the principal issue before it.

Assignment of Contractual Rights:

Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value of the performance to the obligor. Restat 2d of Contracts, § 317(2)(a). This presumes that the underlying agreement is silent on the right to assign.

If the contract specifically precludes assignment, the contractual right is not assignable. Whether a contract is assignable is a matter of contractual intent and one must look to the language used by the parties to discern that intent.

In the absence of an express provision to the contrary, the rights and duties under a bilateral executory contract that does not involve personal skill, trust, or confidence may be assigned without the consent of the other party. But note that an assignment is invalid if it would materially alter the other party’s duties and responsibilities. Once an assignment is effective, the assignee stands in the shoes of the assignor and assumes all of assignor’s rights. Hence, after a valid assignment, the assignor’s right to performance is extinguished, transferred to assignee, and the assignee possesses the same rights, benefits, and remedies assignor once possessed. Robert Lamb Hart Planners & Architects v. Evergreen, Ltd. , 787 F. Supp. 753 (S.D. Ohio 1992).

On the other hand, an assignee’s right against the obligor is subject to “all of the limitations of the assignor’s right, all defenses thereto, and all set-offs and counterclaims which would have been available against the assignor had there been no assignment, provided that these defenses and set-offs are based on facts existing at the time of the assignment.” See Robert Lamb , case, above.

The power of the contract to restrict assignment is broad. Usually, contractual provisions that restrict assignment of the contract without the consent of the obligor are valid and enforceable, even when there is statutory authorization for the assignment. The restriction of the power to assign is often ineffective unless the restriction is expressly and precisely stated. Anti-assignment clauses are effective only if they contain clear, unambiguous language of prohibition. Anti-assignment clauses protect only the obligor and do not affect the transaction between the assignee and assignor.

Usually, a prohibition against the assignment of a contract does not prevent an assignment of the right to receive payments due, unless circumstances indicate the contrary. Moreover, the contracting parties cannot, by a mere non-assignment provision, prevent the effectual alienation of the right to money which becomes due under the contract.

A contract provision prohibiting or restricting an assignment may be waived, or a party may so act as to be estopped from objecting to the assignment, such as by effectively ratifying the assignment. The power to void an assignment made in violation of an anti-assignment clause may be waived either before or after the assignment. See our article on Contracts.

Noncompete Clauses and Assignments:

Of critical import to most buyers of businesses is the ability to ensure that key employees of the business being purchased cannot start a competing company. Some states strictly limit such clauses, some do allow them. California does restrict noncompete clauses, only allowing them under certain circumstances. A common question in those states that do allow them is whether such rights can be assigned to a new party, such as the buyer of the buyer.

A covenant not to compete, also called a non-competitive clause, is a formal agreement prohibiting one party from performing similar work or business within a designated area for a specified amount of time. This type of clause is generally included in contracts between employer and employee and contracts between buyer and seller of a business.

Many workers sign a covenant not to compete as part of the paperwork required for employment. It may be a separate document similar to a non-disclosure agreement, or buried within a number of other clauses in a contract. A covenant not to compete is generally legal and enforceable, although there are some exceptions and restrictions.

Whenever a company recruits skilled employees, it invests a significant amount of time and training. For example, it often takes years before a research chemist or a design engineer develops a workable knowledge of a company’s product line, including trade secrets and highly sensitive information. Once an employee gains this knowledge and experience, however, all sorts of things can happen. The employee could work for the company until retirement, accept a better offer from a competing company or start up his or her own business.

A covenant not to compete may cover a number of potential issues between employers and former employees. Many companies spend years developing a local base of customers or clients. It is important that this customer base not fall into the hands of local competitors. When an employee signs a covenant not to compete, he or she usually agrees not to use insider knowledge of the company’s customer base to disadvantage the company. The covenant not to compete often defines a broad geographical area considered off-limits to former employees, possibly tens or hundreds of miles.

Another area of concern covered by a covenant not to compete is a potential ‘brain drain’. Some high-level former employees may seek to recruit others from the same company to create new competition. Retention of employees, especially those with unique skills or proprietary knowledge, is vital for most companies, so a covenant not to compete may spell out definite restrictions on the hiring or recruiting of employees.

A covenant not to compete may also define a specific amount of time before a former employee can seek employment in a similar field. Many companies offer a substantial severance package to make sure former employees are financially solvent until the terms of the covenant not to compete have been met.

Because the use of a covenant not to compete can be controversial, a handful of states, including California, have largely banned this type of contractual language. The legal enforcement of these agreements falls on individual states, and many have sided with the employee during arbitration or litigation. A covenant not to compete must be reasonable and specific, with defined time periods and coverage areas. If the agreement gives the company too much power over former employees or is ambiguous, state courts may declare it to be overbroad and therefore unenforceable. In such case, the employee would be free to pursue any employment opportunity, including working for a direct competitor or starting up a new company of his or her own.

It has been held that an employee’s covenant not to compete is assignable where one business is transferred to another, that a merger does not constitute an assignment of a covenant not to compete, and that a covenant not to compete is enforceable by a successor to the employer where the assignment does not create an added burden of employment or other disadvantage to the employee. However, in some states such as Hawaii, it has also been held that a covenant not to compete is not assignable and under various statutes for various reasons that such covenants are not enforceable against an employee by a successor to the employer. Hawaii v. Gannett Pac. Corp. , 99 F. Supp. 2d 1241 (D. Haw. 1999)

It is vital to obtain the relevant law of the applicable state before drafting or attempting to enforce assignment rights in this particular area.

Conclusion:

In the current business world of fast changing structures, agreements, employees and projects, the ability to assign rights and obligations is essential to allow flexibility and adjustment to new situations. Conversely, the ability to hold a contracting party into the deal may be essential for the future of a party. Thus, the law of assignments and the restriction on same is a critical aspect of every agreement and every structure. This basic provision is often glanced at by the contracting parties, or scribbled into the deal at the last minute but can easily become the most vital part of the transaction.

As an example, one client of ours came into the office outraged that his co venturer on a sizable exporting agreement, who had excellent connections in Brazil, had elected to pursue another venture instead and assigned the agreement to a party unknown to our client and without the business contacts our client considered vital. When we examined the handwritten agreement our client had drafted in a restaurant in Sao Paolo, we discovered there was no restriction on assignment whatsoever…our client had not even considered that right when drafting the agreement after a full day of work.

One choses who one does business with carefully…to ensure that one’s choice remains the party on the other side of the contract, one must master the ability to negotiate proper assignment provisions.

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Ultimate Checklist for Understanding Contract Assignment Rules

• February 28, 2024
• Moton Legal Group

In contracts, understanding assignment is key. Simply put, an assignment in contract law is when one party (the assignor) transfers their rights and responsibilities under a contract to another party (the assignee). This can include anything from leasing agreements to business operations. But why is this important? It’s because it allows for flexibility in business and personal dealings, a critical component in our world.

Here’s a quick rundown: – Contract Basics: The foundational agreements between parties. – Assignment Importance: Allowing the transfer of obligations and benefits to keep up with life’s changes.

Contracts are a staple in both personal and business worlds, acting as the backbone to many transactions and agreements encountered daily. Understanding the nuances, like assignments, can empower you to navigate these waters with confidence and ease. Whether you’re a business owner in the Southeast looking to expand or an individual managing personal agreements, grasp these basics, and you’re on the right path.

Understanding Contract Assignment

Contract Assignment sounds complicated, right? But, let’s break it down into simple terms. In contracts and legal agreements, knowing about assignment can save you a lot of headaches down the road. Whether you’re a business owner, a landlord, or just someone who deals with contracts, this is for you.

Legal Definition

At its core, contract assignment is about transferring rights or obligations under a contract from one party to another. Think of it as passing a baton in a relay race. The original party (the assignor) hands off their responsibilities or benefits to someone else (the assignee). But, there’s a twist – the race keeps going with the new runner without starting over.

Contract Law

In contract law, assignment comes into play in various ways. For example, if you’re a freelancer and you’ve agreed to complete a project but suddenly find yourself overbooked, you might assign that contract to another freelancer. This way, the job gets done, and your client is happy. However, not all contracts can be freely assigned. Some require the other party’s consent, and others can’t be assigned at all, especially if they involve personal skills or confidential trust.

Property Law

When it comes to property law, assignment often surfaces in landlord-tenant relationships. Say you’re renting a shop for your business, but you decide to move. If your lease allows it, you might assign your lease to another business. This means they take over your lease, stepping into your shoes, with all the rights and obligations that come with it.

The concept might seem straightforward, but there are important legal requirements and potential pitfalls to be aware of. For instance, an assignment could be prohibited by the contract itself, or it may significantly change the original deal’s terms in a way that’s not allowed. Plus, when you’re dealing with something that requires a unique skill set, like an artist or a consultant, those services typically can’t be passed on to someone else without agreement from all parties involved.

To navigate these complexities, understanding the fundamentals of assignment in contract law and property law is crucial. It ensures that when you’re ready to pass that baton, you’re doing it in a way that’s legal, effective, and doesn’t leave you tripping up before you reach the finish line.

The goal here is to make sure everyone involved understands what’s happening and agrees to it. That way, assignments can be a useful tool to manage your contracts and property agreements, keeping things moving smoothly even when changes come up.

For more detailed exploration on this topic, consider checking the comprehensive guide on Assignment (law)). This resource dives deeper into the nuances of contract assignment, offering insights and examples that can help clarify this complex area of law.

By grasping these basics, you’re well on your way to mastering the art of contract assignment. Whether you’re dealing with leases, business deals, or any agreement in between, knowing how to effectively assign a contract can be a game-changer.

Key Differences Between Assignment and Novation

When diving into contracts, two terms that often cause confusion are assignment and novation . While both deal with transferring obligations and rights under a contract, they are fundamentally different in several key aspects. Understanding these differences is crucial for anyone involved in contract management or negotiation.

Rights Transfer

Assignment involves the transfer of benefits or rights from one party (the assignor) to another (the assignee). However, it’s important to note that only the benefits of the contract can be assigned, not the burdens. For instance, if someone has the right to receive payments under a contract, they can assign this right to someone else.

Novation , on the other hand, is more comprehensive. It involves transferring both the rights and obligations under a contract from one party to a new party. With novation, the original party is completely released from the contract, and a new contractual relationship is formed between the remaining and the new party. This is a key distinction because, in novation, all parties must agree to this new arrangement.

Obligations Transfer

Assignment doesn’t transfer the original party’s obligations under the contract. The assignor (the original party who had the rights under the contract) might still be liable if the assignee fails to fulfill the contract terms.

In contrast, novation transfers all obligations to the new party. Once a novation is complete, the new party takes over all rights and obligations, leaving the original party with no further legal liabilities or rights under the contract.

Written Agreement

While assignments can sometimes be informal or even verbal, novation almost always requires a written agreement. This is because novation affects more parties’ rights and obligations and has a more significant impact on the contractual relationship. A written agreement ensures that all parties are clear about the terms of the novation and their respective responsibilities.

In practice, the need for a written agreement in novation serves as a protection for all parties involved. It ensures that the transfer of obligations is clearly documented and legally enforceable.

For example, let’s say Alex agrees to paint Bailey’s house for $1,000. Later, Alex decides they can’t complete the job and wants Chris to take over. If Bailey agrees, they can sign a novation agreement where Chris agrees to paint the house under the same conditions. Alex is then relieved from the original contract, and Chris becomes responsible for completing the painting job.

Understanding the difference between assignment and novation is critical for anyone dealing with contracts. While both processes allow for the transfer of rights or obligations, they do so in different ways and with varying implications for all parties involved. Knowing when and how to use each can help ensure that your contractual relationships are managed effectively and legally sound.

For further in-depth information and real-life case examples on assignment in contract law, you can explore detailed resources such as Assignment (law) on Wikipedia).

Next, we’ll delve into the legal requirements for a valid assignment, touching on express prohibition, material change, future rights, and the rare skill requirement. Understanding these will further equip you to navigate the complexities of contract assignments successfully.

Legal Requirements for a Valid Assignment

When dealing with assignment in contract law , it’s crucial to understand the legal backbone that supports a valid assignment. This ensures that the assignment stands up in a court of law if disputes arise. Let’s break down the must-know legal requirements: express prohibition, material change, future rights, and rare skill requirement.

Express Prohibition

The first stop on our checklist is to look for an express prohibition against assignment in the contract. This is a clause that outright states assignments are not allowed without the other party’s consent. If such language exists and you proceed with an assignment, you could be breaching the contract. Always read the fine print or have a legal expert review the contract for you.

Material Change

Next up is the material change requirement. The law states that an assignment cannot significantly alter the duties, increase the burdens, or impair the chances of the other party receiving due performance under the contract. For instance, if the contract involves personal services tailored to the specific party, assigning it to someone else might change the expected outcome, making such an assignment invalid.

Future Rights

Another important aspect is future rights . The rule here is straightforward: you can’t assign what you don’t have. This means that a promise to assign rights you may acquire in the future is generally not enforceable at present. An effective assignment requires that the rights exist at the time of the assignment.

Rare Skill Requirement

Lastly, let’s talk about the rare skill requirement . Some contracts are so specialized that they cannot be assigned to another party without compromising the contract’s integrity. This is often the case with contracts that rely on an individual’s unique skills or trust. Think of an artist commissioned for a portrait or a lawyer hired for their specialized legal expertise. In these scenarios, assignments are not feasible as they could severely impact the contract’s intended outcome.

Understanding these legal requirements is pivotal for navigating the complexities of assignment in contract law. By ensuring compliance with these principles, you can effectively manage contract assignments, safeguarding your interests and those of the other contracting party.

For anyone looking to delve deeper into the intricacies of contract law, you can explore detailed resources such as Assignment (law) on Wikipedia).

Moving forward, we’ll explore the common types of contract assignments, from landlord-tenant agreements to business contracts and intellectual property transfers. This will give you a clearer picture of how assignments work across different legal landscapes.

Common Types of Contract Assignments

When we dive into assignment in contract law , we find it touches nearly every aspect of our business and personal lives. Let’s simplify this complex topic by looking at some of the most common types of contract assignments you might encounter.

Landlord-Tenant Agreements

Imagine you’re renting a fantastic apartment but have to move because of a new job. Instead of breaking your lease, you can assign your lease to someone else. This means the new tenant takes over your lease, including rent payments and maintenance responsibilities. However, it’s crucial that the landlord agrees to this switch. If done right, it’s a win-win for everyone involved.

Business Contracts

In the business world, contract assignments are a daily occurrence. For example, if a company agrees to provide services but then realizes it’s overbooked, it can assign the contract to another company that can fulfill the obligations. This way, the project is completed on time, and the client remains happy. It’s a common practice that ensures flexibility and efficiency in business operations.

Intellectual Property

Intellectual property (IP) assignments are fascinating and complex. If an inventor creates a new product, they can assign their patent rights to a company in exchange for a lump sum or royalties. This transfer allows the company to produce and sell the invention, while the inventor benefits financially. However, it’s critical to note that with trademarks, the goodwill associated with the mark must also be transferred to maintain its value.

Understanding these types of assignments helps clarify the vast landscape of contract law. Whether it’s a cozy apartment, a crucial business deal, or a groundbreaking invention, assignments play a pivotal role in ensuring these transitions happen smoothly.

As we navigate through the realm of contract assignments, each type has its own set of rules and best practices. The key is to ensure all parties are on the same page and that the assignment is executed properly to avoid any legal pitfalls.

Diving deeper into the subject, next, we will explore how to execute a contract assignment effectively, ensuring all legal requirements are met and the process runs as smoothly as possible.

How to Execute a Contract Assignment Effectively

Executing a contract assignment effectively is crucial to ensure that all legal requirements are met and the process runs smoothly. Here’s a straightforward guide to help you navigate this process without any hiccups.

Written Consent

First and foremost, get written consent . This might seem like a no-brainer, but it’s surprising how often this step is overlooked. If the original contract requires the consent of the other party for an assignment to be valid, make sure you have this in black and white. Not just a handshake or a verbal agreement. This ensures clarity and avoids any ambiguity or disputes down the line.

Notice of Assignment

Next up, provide a notice of assignment to all relevant parties. This is not just common courtesy; it’s often a legal requirement. It informs all parties involved about the change in the assignment of rights or obligations under the contract. Think of it as updating your address with the post office; everyone needs to know where to send the mail now.

Privity of Estate

Understanding privity of estate is key in real estate transactions and leases. It refers to the legal relationship that exists between parties under a contract. When you assign a contract, the assignee steps into your shoes, but the original terms of the contract still apply. This means the assignee needs to be aware of and comply with the original agreement’s requirements.

Secondary Liability

Lastly, let’s talk about secondary liability . Just because you’ve assigned a contract doesn’t always mean you’re off the hook. In some cases, the original party (the assignor) may still hold some liability if the assignee fails to perform under the contract. It’s essential to understand the terms of your assignment agreement and whether it includes a release from liability for the assignor.

Executing a contract assignment effectively is all about dotting the I’s and crossing the T’s . By following these steps—securing written consent, issuing a notice of assignment, understanding privity of estate, and clarifying secondary liability—you’re setting yourself up for a seamless transition.

The goal is to ensure all parties are fully informed and agreeable to the changes being made. This not only helps in maintaining good relationships but also in avoiding potential legal issues down the line.

We’ll dive into some of the frequently asked questions about contract assignment to clear any lingering doubts.

Frequently Asked Questions about Contract Assignment

When navigating contracts, questions often arise, particularly about the concepts of assignment and novation. Let’s break these down into simpler terms.

What does assignment of a contract mean?

In the realm of assignment in contract law , think of assignment as passing the baton in a relay race. It’s where one party (the assignor) transfers their rights and benefits under a contract to another party (the assignee). However, unlike a relay race, the original party might still be on the hook for obligations unless the contract says otherwise. It’s like handing off the baton but still running alongside the new runner just in case.

Is an assignment legally binding?

Absolutely, an assignment is as binding as a pinky promise in the playground – but with legal muscle behind it. Once an assignment meets the necessary legal criteria (like not significantly changing the obligor’s duties or having express consent if required), it’s set in stone. This means both the assignee and the assignor must honor this transfer of rights or face potential legal actions. It’s a serious commitment, not just a casual exchange.

What is the difference between assignment and novation?

Now, this is where it gets a bit more intricate. If assignment is passing the baton, novation is forming a new team mid-race. It involves replacing an old obligation with a new one or adding a new party to take over an old one’s duties. Crucially, novation extinguishes the old contract and requires all original and new parties to agree. It’s a clean slate – the original party walks away, and the new party steps in, no strings attached.

While both assignment and novation change the playing field of a contract, novation requires a unanimous thumbs up from everyone involved, completely freeing the original party from their obligations. On the other hand, an assignment might leave the original party watching from the sidelines, ready to jump back in if needed.

Understanding these facets of assignment in contract law is crucial, whether you’re diving into a new agreement or navigating an existing one. Knowledge is power – especially when it comes to contracts.

As we wrap up these FAQs, the legal world of contracts is vast and sometimes complex, but breaking it down into bite-sized pieces can help demystify the process and empower you in your legal undertakings.

Here’s a helpful resource for further reading on the difference between assignment and cession.

Now, let’s continue on to the conclusion to tie all these insights together.

Navigating assignment in contract law can seem like a daunting task at first glance. However, with the right information and guidance, it becomes an invaluable tool in ensuring that your rights and obligations are protected and effectively managed in any contractual relationship.

At Moton Legal Group, we understand the intricacies of contract law and are dedicated to providing you with the expertise and support you need to navigate these waters. Whether you’re dealing with a straightforward contract assignment or facing more complex legal challenges, our team is here to help. We pride ourselves on our ability to demystify legal processes and make them accessible to everyone.

The key to successfully managing any contract assignment lies in understanding your rights, the obligations involved, and the potential impacts on all parties. It’s about ensuring that the assignment is executed in a way that is legally sound and aligns with your interests.

If you’re in need of assistance with a contract review, looking to understand more about how contract assignments work, or simply seeking legal advice on your contractual rights and responsibilities, Moton Legal Group is here for you. Our team of experienced attorneys is committed to providing the clarity, insight, and support you need to navigate the complexities of contract law with confidence.

For more information on how we can assist you with your contract review and other legal needs, visit our contract review service page .

In the constantly evolving landscape of contract law, having a trusted legal partner can make all the difference. Let Moton Legal Group be your guide, ensuring that your contractual dealings are handled with the utmost care, professionalism, and expertise. Together, we can navigate the complexities of contract law and secure the best possible outcomes for your legal matters.

Thank you for joining us on this journey through the fundamentals of assignment in contract law. We hope you found this information helpful and feel more empowered to handle your contractual affairs with confidence.

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Common Assessment Types

Please click the links below to go directly to an assessment type. Class Participation Online Content Formal Presentations Fact Scenario Analysis Essays and Writing Group Work Exams Other Forms of Assessment

CLASS PARTICIPATION Students are expected to arrive at class having read set materials and prepared to discuss them in class.  A mark is given for the level of contribution each student makes to the learning in the class. Assessable class participation is designed to:

• encourage preparation for class;
• encourage students to learn, think, analyse, reflect and evaluate legal material prior to covering that content in class;
• assist students to develop the capacity to think clearly and to present oral arguments;
• develop collaborative and group learning skills.

There are four main types of class participation. 1. Voluntary contribution : volunteered responses to teacher questions and comments on issues Teacher leads discussion in class. Issues are raised and questions are posed. Students provide solutions to problems posed or discuss issues as they feel comfortable. 2. Required contribution : responses to teacher questions directed at specific students Teacher leads discussion. Issues are raised and problems posed by the teacher. Teacher directs questions towards specific students for response. 3. Pre-warned contribution : required contributions from one or more students assigned for that class   Prior to class, general issues, questions, themes and problems are identified which will be discussed in the next class. During class a small group of students will be tasked with discussing those issues, themes, problems and questions, essentially leading discussion. Other students are still expected to participate in discussion 4. Prepared contribution : responses to pre-assigned questions Prior to class, specific questions relating to the next class topic will be identified. These specific questions will provide the basis for class discussion. These can be assigned to individual students, small groups, or the class as a whole to answer for the benefit of the whole class. This method can encapsulate aspects of class participation type 2 and 3 above. All members of the class are still expected to participate in discussion. Formal oral presentations are generally not part of class participation.  Such presentations include explicit assessment of communication skills, use of presentation aids, etc.  Class participation is more focussed on beginning or contributing to discussion.  Marking criteria In general terms, class participation is marked against the following criteria:

• Familiarity with set readings and relevant material, including (as may be necessary) assigned online content
• Frequency of participation
• Relates to number of contributions across the Term
• Evidence of critical thinking and depth of analysis
• Demonstration of ethical and professional values
• Ability to identify issues, provide analysis and apply the relevant law or concept
• Willingness to consider alternative viewpoints
• Not dominating a discussion or belittling others’ contributions
• Willingness to admit to lack of understanding or areas of confusion
• Ability to formulate responses in clear and succinct terms
• General oral skills
• Presentation of persuasive argument
• Willingness to raise pertinent and thoughtful questions
• Contribution to group climate
• Attitude to learning and the subject
• Attentiveness in class

ONLINE CONTENT Students are expected to complete all assigned online tasks by the time specified in the relevant course outline, reading guide, moodle page or as otherwise communicated to students. The assessment of online content may be considered as a component of Class Participation (as above) or some items may be assessed as a standalone assessment item. The online content may be formative, summative or contain aspects of each. A particular task may be designed to help students obtain an overview of course themes, focus on particular course material, provide feedback to the teacher about students who may be having difficulties and provide feedback to students as to their understanding.

The online assessments may take the form of, but are not limited to:

• Short answer responses
• Forum posts
• Reflective exercises

In general terms, online content is marked against the following criteria: Successful completion of assigned task

• May be based on completion alone or may be assessed based on percentage of correct answers, as specified in relevant course materials

Demonstrated comprehension (as required)

FORMAL PRESENTATIONS Students may be asked to prepare a talk on a set topic for presentation to the class. Topics may arise out of the class readings, areas not covered in readings, or reports on research being undertaken by the student. What separates this assessment task from other oral activities is the explicit marking of the method and manner of the presentation in addition to the matter of the topic. Typically, students will be marked on the appropriateness of the visual aids they used, the style of delivery, keeping to the set time, the persuasiveness of their presentation, their ability to generate discussion, and their ability to deal with questions, in addition to knowledge and understanding of the topic.

Marking Criteria In general terms, presentations are marked against the following criteria:

• Appropriate to topic
• Used creatively
• Does not distract from speaker
• Used to highlight points, not a mere mirror of what is being said
• Easy to understand – eg, not a wall of text
• Verbal skill/style
• Clarity – speaking in a way that the audience can follow and understand
• Pace – speaking in a way that is not too fast to understand or so slow that audience loses interest
• Fluency – presenter does not interrupt presentation to collect thoughts, arrange notes, etc.
• Use of appropriate style and language for audience and topic – eg any humour used is not offensive, does not detract from the persuasiveness of the presentation; language is not overly colloquial, etc.
• Presenter maintains eye contact with audience
• Posture, gestures, etc.  are appropriate for a formal presentation
• Presenter projects interest and engagement in the topic they are presenting
• Introduction and conclusion are clear
• Topic is clearly defined, and trajectory of argument is set out
• Central argument is clear
• Presenter generates discussion
• Presenter encourages questions
• Presenter attempts to answer relevant questions
• Presentation is made in a persuasive manner with the presenter taking a clear position on issues
• Alternative perspectives are recognised and considered to the extent necessary
• Points and issues raised are synthesised into overall argument
• Presentation does not indicate confusion over underlying principles and concepts
• Legal and other concepts are articulated clearly
• Sources are cited correctly  and appropriately (ie sources are generally acknowledged but without pinpoint citation unless necessary)
• Presentation is delivered within the allotted time frame

FACT SCENARIO ANALYSIS These assessments build skills of legal analysis and professional communication. Generally, courses earlier in the degree set problem questions , and later courses move to more practice- oriented advice questions.  1. Problem question : Problem questions are closely aligned with developing students’ legal knowledge, legal reasoning and critical thinking, and writing skills. Generally, a ‘fact scenario’ is provided to students. The scenario will be designed around the legal (and sometimes ‘non-legal’) issues that the course is seeking to highlight. Questions (‘problems’) are provided relating to the fact scenario. Students are required to identify the legally relevant facts, apply them to the applicable legal doctrine or legislative provision and assess the likelihood of a breach of the law.  Some tasks may also require assessment of damages or penalty. By default, students take the position of a disinterested “judge” in assessing the scenario.  Often the fact scenarios assume facts to be proven to allow discussion of legal issues alone. The complexity of problem questions can be varied by the length of the fact scenario (and hence number of legal issues arising) and the specificity of the question/s asked. 2. Advice : In an advice variant of the problem question, the student is required to take the position of a lawyer acting for one of the parties in the fact scenario.  In an advice, assessment is not only of the ability to analyse the legal situation, but also the professional ability to see the implications for the client of taking certain positions in litigation, etc. and the ability to communicate clearly to non-lawyers.  The fact scenarios in advice assessments may be more like that encountered in practice, for example containing higher levels of ambiguity, or be in the form of a brief of evidence. Format requirements The default style requirements for problem question assessments in the Law School are:

• Assignments should be typed and provide sufficient margin areas for markers comments. 
• There should be double or 1 ½ spacing between lines.
• Assignments should be fully referenced using the Australian Guide to Legal Citation (4 th Ed), https://law.unimelb.edu.au/__data/assets/pdf_file/0005/3181325/AGLC4-with-Bookmarks-1.pdf . 
• Assignments should include footnotes but not bibliographies.  Failure to appropriately reference may amount to plagiarism.
• Word limit for assignments is calculated by reference to all text in the assignment. This excludes citations and references in the footnotes, but includes discursive text within footnotes. See the UNSW Law Assessment Policy for further information.
• All written assignments must be submitted through the Turnitin link located on the course moodle page

Marking criteria for problem questions: In general terms, problem questions are marked against the following criteria:

• Mention of all facts relevant to resolution of legal and policy issues set out
• Areas of uncertainty noted
• Areas of law raised by the facts identified
• Elements required for liability set out
• Policy issue/s raised by facts are identified.
• Rules for resolving legal issue identified
• Hierarchy of sources of authority applied (statute, case-law, etc)
• Relevant conflicting authorities noted and resolved
• Succinct application of rules to relevant facts
• Positive or negative outcomes for each rule where possible
• Evidence of reasoning when outcomes not clear
• Recognition of plausible counter conclusions and succinct explanations as to why that conclusion was not applied
• Different policy approaches to issues identified
• Implications of each approach assessed
• Conclusions given for all identified issues
• Reasons given for conclusion
• Appropriate concentration on issues most practically relevant to resolving overall scenario
• Logical order of discussion of issues where relevant
• All sources acknowledged
• Correct and consistent citation of authorities
• Formal English and grammar used throughout – no colloquialisms
• Paragraphs and headings are used to clearly identify discrete issues

ESSAYS AND WRITING There are five main types of writing assessment task used in the Law School; essays, research essays, thesis essays, case notes and court reports. Individual courses may have additional formats. The three types of essay progressively reduce the amount of scaffolding, and thus adapt well to students’ increased knowledge and skills. The essay types provide opportunity to assess and build on a student’s growing capability over the degree program. The most basic form provides considerable structure for the student, while the later forms require more advanced skills. Case notes and court reports are focused on developing legal knowledge and legal understanding. The focus is on concise, clear and accurate writing. They provide significant opportunity for interaction with the legal ‘system’, and for providing depth of insight into legal issues. Furthermore, they provide opportunity for considerable feedback and student reflection on law and practice. 1.     Essay In this foundational type of essay, the questions are provided to the student along with most if not all the research material required by the student to complete the task. This material can include a specific or extended reading list including books, journals, cases and legislation. The emphasis in this form is to introduce students to the basics of legal research and develop their writing and comprehension skills.  2.     Research Essay In this type of essay, the topic is usually provided, but most research is conducted by the student. Any direction as to source material is secondary or minimal only. In other words, generally no set ‘reading list’ is provided. The focus here is on a student developing independent research skills, while still fine-tuning general writing and comprehension ability.   3.     Thesis Essay In this final essay type, students define their own topic and conduct wholly independent research. All formal scaffolding is removed. The emphasis is on higher level abstract thinking, research skills and conceptual understanding.  Thesis essays generally have longer word limits than research essays.   4.     Case Note Students are provided with a specific legal case. The general format of the task is to provide analysis of the case, such as by identifying the legal issues, the reasoning behind the judge’s decision and any other significant comment on other pertinent matters. The case note also requires ‘commentary’ by the student. This is the student’s own analysis of the significant issues raised by the case. The student discussion may include suggestions as to possible law reform, or as to why the student agrees or disagrees with the judgment made. Secondary sources may be used in this commentary. The case note assessment provides considerable opportunity for students to develop critical legal thinking, for student reflection and deep learning.   5.     Court Report Combining significant aspects of ‘experiential learning’ the court report assists in developing a student’s conceptual understanding of the law. The assessment task can be both specific and general, meaning it can be adapted to different stages of the program. In a general approach, students are invited to think about various aspects of ‘the trial’ for example, or ‘court processes’ or other aspects of the adversarial system of justice. Many of these approaches may have been discussed in class, and there may be considerable primary and secondary source material available. Students attend courts and describe their observations within the context of the class themes. A more specific approach would be for students in a particular course to attend a particular type of court or tribunal  then to report on the specific operation of that  body in the context of their specific course, or even in relation to a particular legislative or common law provision (for example a section of the Evidence Act ).  There are often further detailed instructions issued to students. Format requirements The default style requirements for essay style assessments in the Law School are:

• Assignments should be fully referenced using the Australian Guide to Legal Citation (4 th  Ed), https://law.unimelb.edu.au/__data/assets/pdf_file/0005/3181325/AGLC4-with-Bookmarks-1.pdf . 
• Assignments should include both footnotes and bibliography.  Failure to appropriately reference may amount to plagiarism.
• Word limit for assignments is calculated by reference to all text in the assignment. This excludes citations and references in the footnotes and the bibliography, but includes discursive text within footnotes. See the UNSW Law Assessment Policy for further information.

Marking criteria In general terms, essay style assignments are marked according to the following criteria:

• Clear introduction, body, and conclusion
• Clarity of scope/delineation of scope of essay
• Logical flow of proposition and evidence
• Integration of evidence
• Support provided for contentions and assertions of fact, law or opinion
• Consideration of contrary positions
• Evidence of sufficient independent research to address issues in topic adequately
• Use of appropriate sources for topic – eg primary (where available), peer reviewed
• Evidence of awareness of any relevant issues arising from class readings
• Correct and consistent citation
• Bibliography 
• Demonstrated understanding of primary and secondary material analysed
• Assertions and contentions of fact, law or opinion are not made without appropriate sourcing
• Reflection –essay engages with the material
• Reflection – essay demonstrates independent thought
• Conclusions are drawn
• Different perspectives are evaluated
• Identification of knowledge gaps
• Ability to weigh sources by evaluation and judgment
• Awareness of the ambit of sources
• Use of own words as appropriate
• Grammar, sentence, paragraph structure, etc.
• Appropriate tone/voice – minimal verbosity.

GROUP WORK There are three main types of ‘group work’ identified in the Law School. There are some similarities between them; however, like the essay types identified above, the different types of group work can be scaffolded. They lend themselves to be deployed across the program strategically to develop and then build upon students’ growing ability. 1.     Ad-hoc This type of group work is the most ‘foundational’; it can be used across all courses in the program, and often forms the basis for an effective class participation strategy as well. Ad-hoc groups are formed as part of the class, or an extension of it, and last only for the length of the task assigned to the group.  Most often they are short small group discussions held within a class examining an issue that is then reported on back to the class.  There is usually no grade awarded for ad-hoc group work – it often goes toward part of a student’s class participation grade. Ad-hoc groups are useful for adding variety to teaching techniques, building students’ inter-personal skills, broadening perspectives on issues, and acclimatising them to later formal groupwork.  Ad-hoc groups need not be seen as merely introductory forms of group work.  As students become more proficient at group discussion, ad-hoc groups can be given more complex tasks. 2.     Cooperative These are more formal group activities structured by the teacher that generally include summative assessment.  The assessment of a collective learning task often includes the process and not just the final product. While the focus of the task is on developing group skills, learning to support each other and developing a ‘unified’ approach through a final essay or presentation, the emphasis, at least in terms of assessment, still remains very much on the individual’s mastery of skills or content in a group setting. Consequently, the task is structured in such a way that there is a significant component completed individually, such as written papers following a group presentation, or individually assigned sections of a final paper that the group collectively researched.  The aim of co-operative group work is to introduce students to group responsibilities with a safety net of individual assessment.  It can be useful for tasks too complex for an individual student to easily complete in the required timeframes, or to help raise the level of achievement or engagement across a class. The teacher is also quite involved with a cooperative project, providing guidance where necessary. 3.     Collaborative This can be considered an ‘advanced’ or ‘capstone’ type. Under a collaborative learning approach, students work together in a small team creating a piece of work that they have developed and planned together and for which they are overwhelmingly assessed collectively through a group mark. All students in the group receive the same mark. (Generally where students are assessed as a group the mark will have a maximum 30% weighting). Collaborative learning focuses much more on the group process and often assessment will also involve individual members of the group reflecting on that group process. Collaborative learning is also suited to a group work task where the emphasis is on the group themselves coming up with a problem and a subsequent solution (similar in many ways to the thesis essay type discussed above). In other words, it can be beneficial for developing students’ capacity to ‘problem pose’ not just ‘problem solve’. In this type, there is considerable student autonomy, with teachers providing minimal, if any, direction.  One form of collaborative group work, Team-Based Learning, involves groups or “firms” being formed for an entire Termand being the focus of much of the learning outcomes in the course. Marking criteria for group-work Formally assessed groupwork often has a written product of the collaboration and that work is marked according to the criteria appropriate for that style of writing.  Where the process of collaboration in group work is assessed, in general terms, it is assessed against the following criteria:

• Individual rating of the performance of the group as a whole and a member’s individual performance.  The ratings may be different.
• Work plan is developed through consensus
• Work plan is reviewed
• Group meetings are structured
• Organisation of group meetings by consensus
• Group meetings are held face to face
• Each member has a specific role
• Roles arrived at by consensus
• Members are responsible for their role
• Work is distributed equitably
• Distribution arrived at by consensus
• Members are responsible for their work
• Gr   oup members encourage different viewpoints
• All decisions by group are based on consensus
• Potential or real issues identified
• Appropriate responses to real issues
• Preventive management of potential issues

EXAMS There are two basic types of exams used in the Law School: formal exams and take-home exams. Some teachers also utilise ‘online’ quizzes and in class tests. 1.     Formal exams This is the traditional exam type, held during the formal examination period at the end of the Term, and centrally invigilated by the University. All examinations in the Law School are ‘open book’ unless otherwise notified to students.  This means students can bring any printed or handwritten materials they wish into the examination room. There is some variety amongst the different formal exam types, however the most common formal exam consists of problem based questions and essay based questions. There are also a number of formal exams which contain only one of these question types.  Problem based questions can require either multiple ‘short’ answers (often the case with foundational courses) or require a longer considered answer, depending on how they are worded and the scenario provided. Sometimes, students may get a choice of problem scenarios to choose from. Similarly, students will often have a choice of essay topics to choose from. Some exams let students choose how many problems or essays they will undertake. For example, there may be three problems posed and three essay topics. Students could choose 2 problems and 1 essay or 2 essays and 1 problem. Some exams may have a compulsory essay (or compulsory problem) that may discuss the wider themes of the course or require students to provide a considerable reflection. While there is no requirement for full citation, some citation is still required. For example, a case may be referred to by its popular name or the names of the parties and then underlined without the need for a full medium neutral citation. Students are expected to bring sufficient printed materials into the examination to be able to cite sources adequately. Please note:  Electronic resources (e-books, digital textbooks, websites etc) cannot be accessed within invigilated examinations. Please consider this when purchasing materials for a course with an invigilated examination. The more specific structural aspects of the formal exam types in order of scaffolding (from foundation to mastery) include: a. Problem questions may appear in the following forms:

• Multiple short fact scenarios with question/s. Provides students substantial help in identifying legally relevant facts and in structuring responses
• Long fact scenario, but broken up into different sections, with question/s for each. Provides students with some help in identifying legally relevant facts and substantial assistance in structuring answers
• Long fact scenario/s followed by specific questions which structure nature of answer. Provides students with average degree of help identifying legal issues and in structuring answers
• Long fact scenario/s followed by one general question. Students are given minimal help in structuring a response to the questions
• Long fact scenario/s followed by highly specific questions.  Students are directed to certain legal issues to the exclusion of others and given minimal help in structuring a response to the questions.
• Long form: Students complete one or two essays (they may be given a choice of topics). Students have around 30 mins for each answer
• Short form: Students complete three or more (they may be given a choice of topics). Students have around 15 minutes for each answer.

Essays usually take either of the following structural forms as their basis:

• A quote from a case or author is provided and the student is asked to critically discuss it.  Further structure may be provided in foundational courses by requiring discussion of particular aspects of the quote, and marks may be awarded separately to components of the answer
• Students are asked to critically discuss an area of law, social issue or proposition.  No guidance as to source materials or structure is provided.  One holistic mark is provided.

Essay topics are generally based on one or more of the following:

• Critical evaluation of the current law, including analysis of case law or legislation
• Theoretical issues
• Broader social impacts of law
• Law reform issues and policy considerations
• Practical considerations of law and regulation

2.     Take-home exams The exact form of a take-home exam will vary from course to course, but in essence it will be a paper released to all students at a particular time with a short time frame for submission of answers, typically 36-48 hours. There may be word limits for answers.  Take-home exams are a hybrid of a formal exam and an in-Term essay or fact scenario analysis.  There is usually a requirement for full citation and printed answers. Students are generally presented with a complex problem scenario, though the take-home exam may also consist of short answer ‘essay’ type responses instead. There is often more than one question relating to the same scenario/s, such as focusing on different participants (there could be multiple plaintiffs or defendants). The length of the answers will be determined by the number of questions asked. The take-home exam may also require a short ‘essay’ or ‘commentary’ or ‘reflection’ by the student on a specific topic.   OTHER FORMS OF ASSESSMENT The Law School also uses other forms of assessment in addition to the types already mentioned. Many of these share features with the above key mentioned typologies, but are often focused towards a certain specific learning outcome desired by the teacher. The Law School encourages the development of different forms of assessment activity, acknowledging that a diverse assessment regime leads to better student engagement, deeper learning and hence improved learning outcomes. New assessment activities and formats are regularly discussed and trialled. Some examples of formats used recently are below. 1.     Poster In this task students are required to present material in the format of an academic poster. This format has been used by some teachers for students to present a court report or case note. Students engage with presenting material visually, within the constraints of the poster format. They must also think about the audience, getting complex information to them in a clear, yet engaging manner, which adds a significant dimension to the deep learning potential of the task. 2.     Video or other multimedia This method of assessment has been used in the context of a cooperative or collaborative group work task. Students are given a topic and then present their response such as through a role play, a ‘mash up’, a short film or animation, or an audio interview where they take on the role of a radio/podcast reporter or presenter. Many of these may then be uploaded to Youtube or moodle for other students to see. The multimedia format of assessment has been used in the context of a court report. The emphasis again is on students taking a different perspective to the issue – essentially thinking about a response ‘outside the box’. 3.     Scrapbook This is an assessment activity that is often used in foundational courses (such as ILJ and Torts). It can form the basis of a class participation strategy. Each week students are required to examine the newspapers and other media sources for stories that relate to that weeks class, or the topic and its themes more generally, and place these in a ‘scrapbook’. These form the basis for class discussion (students may be required to choose just one article per week). Each week in the scrapbook students write a short summary of why the article they choose is relevant or important etc. This is short, usually only 200 or so words. By relating the law to real current events, students are provided with context, and deeper learning opportunity. At the end of the semester students hand these scrapbooks in and receive a mark for them. 4.     Reflective notes This is similar in some ways to a scrapbook but differs in some key respects. For example while the scrapbook notes may relate to an understanding of the law generally (or specifically as the case may be), the reflective notes seeks to encourage a more personal consideration of the topic or subject, quite often free from the constraints of a particular methodology or structural bias. The emphasis is on eliciting a more personal, nuanced and emotional response. It seeks to encourage the students to think beyond their own present material experience and to consider the impact of the law on others for example. Furthermore, reflective writing is quite often designed and utilised to encourage students to think about themselves in terms of their ‘practice’, not just as students but as professionals, for example in relation to ethical behaviour. Reflective writing is used in a number of different contexts in the Law School and is adaptable to the whole range of a student’s learning as they progress through the program from foundational to capstone experiences. Students may be asked to keep a reflective journal throughout the Term, or may be asked to provide short reflections on individual topics.  It may be used as an ‘ongoing’ task to facilitate class participation. It may be used as a mid- Term exercise, as part of an exam or accompanying groupwork. It is often a significant aspect of a student’s assessment when undertaking an internship and other experiential learning activities, and will take the form of a larger piece of writing (for example up to 2000 words).   5.     ‘Mini moots’ In this format, a problem is presented. The class may be divided into those ‘for’ and those ‘against’. Discussion then flows back and forth as each side presents their argument. This is often a good use of the ‘ad-hoc’ group work strategy discussed above. The different sides discuss the issue as groups and then present to the class. Some teachers may make the mini moot more formal and structured depending on the course and the content. For example, a judge may be elected (sometimes the teacher who may be able to direct evidence proceedings) and the roles of a defence and prosecution panel who will be responsible for presenting the argument allocated. There may also be witnesses who have been given certain instructions, resulting in potentially entertaining cross examination. Approved by: Associate Dean Education, Professor Prue Vines, January 2020  

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How to Write a Law Assignment

Table of Contents

Mastering the Art of Writing Law Assignments

What types of law assignments exist, skills to succeed, how to write a law assignment stage-by-stage, pre-writing stage:, here is what your outline may look like:, let’s talk in detail about the exact process of law essay writing, how to avoid mistakes, additional sources.

Summary: Writing a law assignment involves a step-by-step process: introduction, body paragraphs, supporting evidence, counter-arguments, and conclusion. Proper citation, referencing, and proofreading are essential.

Legal studies were, are, and always will be an essential discipline for society and its development. Law students pursue a legal education to become lawyers, judges, advocates, or other legal professionals. They study various legal topics, including contracts, torts, criminal law, and constitutional law. Law students are typically required to complete various assignments as part of their coursework, including legal research papers, case briefs, law essay writing, and moot court arguments.

Law assignments are vital to legal education and are critical in helping students develop their skills. “The major law assignment styles aim to improve your analytical skills, your ability to apply legal principles and theory, and to write simply and concisely”. These tasks will for sure help in your future career. Therefore, it is important to understand how to write a law assignment properly.

This blog post provides tips and guidelines to help you confidently approach your law assignments and produce high-quality work that meets the standards of the legal profession. AssignmentBro is ready to help you understand how to write a clear and effective law assignment or can write your assignment for you.

There are a wide variety of law assignments. It all depends on the discipline and other details of your specific studies. Here are some examples:

• Case briefs involve analyzing and summarizing a specific legal case. Students are required to identify the key issues, relevant facts, applicable laws, the reasoning of the court, and the final decision.
• Research papers demand law students to delve deep into a specific legal topic or issue. They involve extensive research, analyzing relevant statutes and case law, and presenting arguments based on scholarly sources. Research papers often require a thesis statement, literature review, methodology, analysis, and conclusion.
• Essays in law focus on exploring and presenting arguments on a particular legal question or issue. Essays allow students to showcase their understanding of legal principles and ability to analyze and argue a position critically.
• Moot court briefs simulate the preparation of written arguments for a hypothetical appellate court case. Students must study the legal concerns, create compelling arguments, and reference pertinent legal sources to defend their position.
• Legal memoranda or legal analysis must contain a detailed analysis of the applicable laws and their application to the case. Memoranda are frequently used in legal studies, particularly for public law assignments.
• Case comments are when students are expected to summarize the key aspects of the case, discuss its implications, and provide their insights on the topic.

Sounds huge. No worries, though! AssignmentBro is right here to provide you with all the information you need to succeed in your law assignment writing and to provide you with law assignment writing help.

To work in law, you need different soft and hard skills to be a lawyer or an advocate. What about the specific skills for writing assignments? Let’s talk about them.

Writing and presenting excellent legal essays may require the following:

• Analytical Thinking: Law assignments require the ability to critically analyze legal issues, identify relevant facts, and apply legal principles to reach well-reasoned conclusions.
• Research Capabilities: Effective research capabilities involve using legal databases, understanding citation formats, and evaluating the credibility and authority of sources.
• Articulation of Arguments: Students should present their analysis and reasoning logically and coherently with excellent communication and presentation skills.
• Understanding of Legal Concepts: A solid understanding of legal concepts and principles is crucial for writing law assignments.
• Legal Writing Style: Adherence to a specific writing style that is concise, precise, and authoritative is vital. Proper citation of legal sources using recognized citation formats (such as Bluebook citation style, APA, or MLA) is also essential.
• Critical Analysis of legal arguments, evaluating strengths and weaknesses, and offering balanced assessments are often involved in law tasks.
• Attention to Detail: Careful attention to detail enhances the credibility and professionalism of the assignment.
• Time Management: The quality of the final submission is ensured by sticking to deadlines, leaving enough time for revisions and editing.

By honing these skills and applying them consistently, any student can improve their ability to write a law assignment more effectively.

The legal task must go through several critical stages to be well-structured and successful. Here is a step-by-step guide on how to write a law assignment:

• Carefully read and comprehend the assignment instructions provided by your lecturer or professor. Pay attention to the requirements, word limit, formatting guidelines, and specific questions or prompts.
• Choose your assignment subject. If you struggle with choosing the right one, glance at the law topics we created.
• Before starting the writing process, begin background research to become familiar with the subject and find pertinent legal statutes, cases, and theories. You can use this to develop a solid knowledge base to support your arguments.
• As you research, take notes! Record key points, relevant quotations, and references to legal authorities.
• Create a clear thesis statement or argument based on your initial research and grasp of the subject. It will be your writing’s direction. The thesis should present your main point or position on the discussed legal issue.

Create an outline to structure your thoughts and provide a roadmap for your assignment. 

An outline ensures a logical flow and allows you to arrange your thoughts. Include the main sections or headings you plan to cover, sub-points, and supporting evidence for each. Here are the elements that should be part of an outline:

• Hook or attention-grabbing statement to engage the reader.
• Background information on the topic to provide context.
• A thesis statement/main argument to clearly state your position/main points.
• Break down your main argument or topic into sub-points.
• Evidence, examples, or relevant legal authorities should support each main argument.
• Under each main argument or point, reference supporting evidence, such as legal precedents, case studies, or relevant legal theories.
• Include an analysis of the evidence, explaining how it supports your argument and strengthens your position.
• Address potential counterarguments or opposing viewpoints related to your main arguments.
• Refute counterarguments with solid reasoning, evidence, or alternative interpretations.
• Summarize the main arguments or points you have discussed throughout your assignment.
• Provide a sense of closure by reflecting on the significance of your findings.

Remember, the outline serves as a guide, and you can adapt it based on your assignment’s specific requirements and the topic’s complexity.

Let’s imagine that you write a criminal law assignment .

I. Introduction

• Definition and overview of criminal law.
• Purpose of the assignment.
• Thesis statement or main argument.

II. Elements of a Crime

• Actus reus: Discussing the physical act or conduct required for a crime.
• Mens rea: Explaining the mental state or intent necessary for criminal liability.
• Causation: Analyzing the causal link between the act and the harm caused.
• Concurrence: Discussing the requirement that the act and intent coincide.

III. Classification of Crimes

• Felonies: Explaining the characteristics and examples of felony offenses.
• Misdemeanours: Discussing the characteristics and examples of misdemeanor offenses.
• Infractions: Explaining the characteristics and examples of minor offenses.

IV. Criminal Defeses

• Justifications: Exploring defenses such as self-defense, necessity, and defense of others.
• Excuses: Discussing defenses like duress, insanity, and intoxication.
• Procedural Defenses: Analyzing defenses related to the rights of the accused, such as unlawful search and seizure, Miranda rights, etc.

V. Criminal Procedure

• Arrest and Search: Discussing the requirements and limitations for lawful arrest and search.
• Due Process: Exploring the constitutional rights of the accused, such as the right to counsel, the right to a fair trial, etc.
• Trial Process: Analyzing the steps involved in a criminal trial, including jury selection, opening statements, presentation of evidence, etc.
• Sentencing: Discussing the factors considered in determining an appropriate sentence for a convicted offender.

VI. Notable Criminal Law Cases

• Analyzing significant criminal law cases that have shaped legal principles or influenced the interpretation of criminal statutes.
• Discussing the impact of these cases on the development of criminal law jurisprudence.

VII. Contemporary Issues in Criminal Law

• Exploring current debates or challenges in criminal law, such as emerging technologies, cybercrimes, or criminal justice reform.
• Analyzing the potential implications and future developments in the field.

VIII. Conclusion

• Summarizing the main points and arguments presented.
• Assessing the effectiveness and significance of criminal law in maintaining social order and protecting individuals’ rights.

It’s important to follow the structure of the assignment:

• Begin with an attention-grabbing opening sentence or hook to engage the reader.
• Provide relevant background information to set the context of the topic.
• Clearly state the purpose of the assignment and what you aim to achieve.
• Conclude the introduction with a concise thesis statement that outlines your main argument or position.
• Ensure your thesis statement is concise, specific, and directly addresses the main focus of your assignment.
• Each body paragraph should focus on a single main point or argument that supports your thesis statement.
• Provide evidence, examples, or legal authorities to support your arguments.
• Break down complex legal concepts or theories into understandable terms.
• Support your arguments with well-reasoned analysis and relevant legal authorities.
• Cite relevant legal statutes, case law, regulations, or academic sources to support your claims.
• Ensure you accurately and appropriately cite your sources using the required citation style (e.g., Bluebook, APA, MLA).
• Anticipate potential counterarguments and address them directly and objectively.
• Summarize the main points or arguments discussed in your assignment.
• Avoid introducing new information in conclusion.
• Create a bibliography of your resources. It will help to avoid plagiarism. AssignmentBro supplies you with an incredible citation generator tool if you have trouble with quotations.
• Allocate sufficient time for proofreading and editing to eliminate spelling, grammar, and punctuation errors. This stage is crucial and should not be avoided!
• Review the overall structure, coherence, and clarity of your writing.
• Ensure consistency in formatting, citation style, and referencing.

We want to highlight that strategy changes depending on the provided requirements. For example, there is also such a thing as an ACT essay. For the ACT essay, you’ll need an introduction, two to three body paragraphs (at least one paragraph for each perspective), and a conclusion.

By following these guidelines, you can succeed in law school essay writing!

Receiving help with legal studies assignments is helpful for developing analytical skills, applying correct legal principles, and writing tasks concisely.

It is not a regular task to write a legal paper. Thus, it’s completely acceptable for some students to make mistakes. We are humans, and we learn through making mistakes. However, it is best to avoid mistakes most students experience to succeed in your assignment.

The next common errors are highlighted:

• Writing in the passive;
• Using ambiguous pronouns;
• Unnecessary wordiness;
• Over-using legalese;
• Neglecting to proofread.

Other mistakes include: making an essay too long or short, drafting a legal essay without arguments, submitting an essay without a bibliography , fluffing the conclusion, etc.

The only way to eliminate mistakes is a dedication to your work and continuous practice! For this reason, It’s crucial to learn how to write a law assignment properly.

Learning more is never too late. Below, we added a few extra resources to help you learn more about legal writing:

• Many Birds, One Stone, Michael R. Smith;
• Legal Writing, Linda H. Edwards;
• Legal Writing in a Nutshell, L.Bahrych and J.Merino;
• Law Assignment Techniques.
• Writing Law Essays, M.Salter and J.Mason.

We hope it will ease your way to success in your legal education. Write a law assignment easily with AssignmentBro!

Our team can aid you with any kind of legal writing. Whether it is a contract law assignment, international law research, or any other kind of legal assignment, we are here to lend you a hand!

Law assignments help develop analytical skills, apply legal principles, and write concisely. They involve various types of writing, including case briefs, research papers, essays, and memoranda.

The pre-writing stage is vital. Even selecting a topic has a significant impact on your paper. For instance, topics in business Law can be really broad, so you should choose wisely.

Avoid mistakes by studying how to write a law assignment. AssignmentBro is always there to help you with any law task!

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The Successful Law Student: An Insider's Guide to Studying Law (2nd edn)

• Acknowledgements
• Student Voices in The Successful Law Student
• 1. Introducing The Successful Law Student
• 2. Studying Law at University: Opportunities and Considerations
• 3. Preparing for Success
• 4. Learning and Studying Law
• 5. Making the Most of Your Classes in Law
• 6. Developing Legal (and Other) Skills
• 7. Finding and Using Legal Materials and Resources
• 8. Preparing for Assessments and Assignments
• 9. Assessments and Assignments in Law
• 10. Feedback, Reflection, and Looking Forward from Assessment
• 11. Study Abroad
• 12. Expanding Legal Skills— Mooting, Negotiation, and More
• 13. Volunteering, Paid Work, and Other Opportunities
• 14. Preparing to Move On
• 15. Career Pathways
• 16. A Successful Future

p. 215 8. Preparing for Assessments and Assignments

• Imogen Moore Imogen Moore Professor of Law and Director of Education in the Law School, University of Exeter
•  and  Craig Newbery-Jones Craig Newbery-Jones Associate Professor in Legal Education, University of Leeds
• https://doi.org/10.1093/he/9780198865650.003.0008
• Published in print: 28 February 2022
• Published online: September 2022

This chapter prepares a student for successful assessment by exploring important considerations and key skills for law assessments. The chapter considers the purpose of assessment and the difference between formative and summative assessments, and how to approach assessment and get the most from each opportunity accordingly. Guidance is provided on different types of assessment, including closed/open book, time-limited assessment, and in-person/online assessment. The chapter examines the importance of preparing effectively for each assessment, including revision, reflection, and understanding assessment criteria. The chapter also summarises ways in which a student can seek to raise their grade; and how to avoid the pitfalls of academic misconduct, plagiarism, and poor academic practice. Guidance is also given on coping with the pressures of assessment.

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• summative assessment
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• online assessment
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• poor academic practice

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Law School Toolbox®

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Five Tips for a Great Legal Writing Assignment

September 25, 2012 By Lee Burgess 2 Comments

• Follow the format outlined by your professor. It is likely your legal writing professor has given you instructions for the overall format of your legal writing assignment. In addition, your professor may have given you formatting instructions for the body of your assignment, such as that you need to follow IRAC. Whatever the instructions, follow them . Sure, you may think it is an overly formal or a frustrating way to write—but to be honest, no one cares. You need to write for your professor . It is more important to write in the way your professor has outlined, than as you personally prefer. And it is not going to be the last time your writing will need to conform to someone else’s rules. As a working attorney you often need to write in the format requested by your boss or even by the court. So get used to it!
• Remember, your writing doesn’t need to be full of legalese—the best legal writing is often simple! So many law students make the mistake of thinking that to “sound like a lawyer” they must use every possible legal term out there. This is just not the case. Often the most effective legal writing is very clear and concise and only uses legal terms or “legalese” when appropriate (say, when you are using a term of art). It is also important to work on writing in a clear, concise way because your assignments may have maximum word count. So using extra words to sound “more professional” won’t really help your grade in the end.
• Answer the question asked by your assignment. Often students get so caught up in writing their assignment that they forget to focus on the question that was asked of them. It is important to read and re-read (and even read again) the assignment sheet. You don’t want to make a mistake and write something off topic. Remember, answering the question is key to getting a good grade!
• Plan before you write. A great legal writing assignment is organized. And for most of us this means that you need to plan your paper just as you would plan an essay or any other project. Organization is key and it takes time to sit with the research and develop your answer. Make sure you build this time into your plan of how you are going to get your assignment done.
• Proofread and double-check citations. As an attorney-in-training, it is very important to present yourself in a professional way. That means that you need to proofread your assignments to present yourself in a professional way to your professor as well. If your assignment is riddled with typos, it is distracting for the professor and likely will cause your grade to drop. Also, students often are lax when handling citations. You are typically graded on the accuracy of your citations. Citations are not hard, but you must be detail oriented and look things up! I have seen many a legal writing grade go down because students didn’t spend adequate time or energy on citations. Don’t let this happen to you.

Legal writing, like most things, gets easier the more that you do it. So do every practice assignment assigned and get as much feedback as you can. This will help you become an excellent legal writer, which is a critical skill in our profession.

Check out these other helpful posts:

• Surviving the first weeks of law school .
• Law school exam prep 101 .
• Getting feedback on past exams is critical .
• Pay attention in class, it can save you time !

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About Lee Burgess

Lee Burgess, Esq. is the co-founder of the Law School Toolbox , a resource for law students that demystifies the law school experience and the Bar Exam Toolbox , a resource for students getting ready for the bar exam. Lee has been adjunct faculty at two bay area law schools teaching classes on law school and bar exam preparation. You can find Lee on Twitter at @leefburgess , @lawschooltools , & @barexamtools .

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Thank very much for the tips i have just read they been beneficial to me because am a distance law school student.

I need more guide to legal writing because am lecturing this course for Magistrates

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Assignment is a legal term whereby an individual, the “assignor,” transfers rights, property, or other benefits to another known as the “ assignee .”   This concept is used in both contract and property law.  The term can refer to either the act of transfer or the rights /property/benefits being transferred.

Contract Law   

Under contract law, assignment of a contract is both: (1) an assignment of rights; and (2) a delegation of duties , in the absence of evidence otherwise.  For example, if A contracts with B to teach B guitar for $50, A can assign this contract to C.  That is, this assignment is both: (1) an assignment of A’s rights under the contract to the $50; and (2) a delegation of A’s duty to teach guitar to C.  In this example, A is both the “assignor” and the “delegee” who d elegates the duties to another (C), C is known as the “ obligor ” who must perform the obligations to the assignee , and B is the “ assignee ” who is owed duties and is liable to the “ obligor ”.

(1) Assignment of Rights/Duties Under Contract Law

There are a few notable rules regarding assignments under contract law.  First, if an individual has not yet secured the contract to perform duties to another, he/she cannot assign his/her future right to an assignee .  That is, if A has not yet contracted with B to teach B guitar, A cannot assign his/her rights to C.  Second, rights cannot be assigned when they materially change the obligor ’s duty and rights.  Third, the obligor can sue the assignee directly if the assignee does not pay him/her.  Following the previous example, this means that C ( obligor ) can sue B ( assignee ) if C teaches guitar to B, but B does not pay C $50 in return.

            (2) Delegation of Duties

If the promised performance requires a rare genius or skill, then the delegee cannot delegate it to the obligor.  It can only be delegated if the promised performance is more commonplace.  Further, an obligee can sue if the assignee does not perform.  However, the delegee is secondarily liable unless there has been an express release of the delegee.  That is, if B does want C to teach guitar but C refuses to, then B can sue C.  If C still refuses to perform, then B can compel A to fulfill the duties under secondary liability.

Lastly, a related concept is novation , which is when a new obligor substitutes and releases an old obligor.  If novation occurs, then the original obligor’s duties are wiped out. However, novation requires an original obligee’s consent .  

Property Law

Under property law, assignment typically arises in landlord-tenant situations.  For example, A might be renting from landlord B but wants to another party (C) to take over the property.   In this scenario, A might be able to choose between assigning and subleasing the property to C.  If assigning , A would be giving C the entire balance of the term, with no reversion to anyone whereas if subleasing , A would be giving C for a limited period of the remaining term.  Significantly, under assignment C would have privity of estate with the landlord while under a sublease, C would not. 

[Last updated in May of 2020 by the Wex Definitions Team ]

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10 Strategies For Writing Law Assignments Like A Pro

Are you a law student who’s struggling with writing law assignments? You’ve got a tough assignment coming up. You’re nervous, and you’re not sure how to write it.

Well, you’re not alone, most law students often struggle with law assignments and prefer to seek law assignment help . This is because law school assignments are quite different from other types of written work. They require in-depth research and a good understanding of the subject. Plus, you also need to present your ideas clearly and concisely in a way that made sense to the audience.

But don’t worry! We’ve got some great tips to help you write like a pro, no matter what type of law assignment you’re dealing with. Whether you’re learning about the law of torts, contract law, or property law, these strategies will help you tackle any type of legal assignment.

And best of all? They won’t take much time out of your busy schedule. So let’s start exploring proven strategies to write an outstanding law assignment!

How To Write Law Assignments Like A Pro?

Whether you’re a student or a lawyer, here are 10 strategies to help you write like a pro:

1.   Read, Take Notes, And Then Read Some More.

The first step in writing a law assignment is to read the question carefully. In order to write an effective answer, you need to understand the question first. Read it over and over again, looking at each word and phrase for meaning.

Look at the assignment instructions as well—are there any specific formatting requirements? What kind of format do you need to follow?

Read relevant case law, legislation, or other sources of information that might help make your argument stronger. It’s important to know where in these documents you can find what you need. So when it comes time for writing your own version of an argument, everything fits together nicely!

Take notes as you go along—this will help keep track of all those details about what was said where (and when). Then review those notes before moving on. Make sure they are clear enough so you can understand them without too much trouble too!

1.   Break It Down Into Steps And Set Yourself Deadlines.

In law school, assignments are often long and complicated. This makes it easy for us to get overwhelmed by the amount of work we have on our plates. To help stay organized and focused, break down your assignment into manageable steps and set yourself deadlines for each step.

Also, Be consistent with your writing style and tone. You don’t want your reader confused by whether they’re reading someone who’s trying really hard or someone who doesn’t care about their work or their audience at all.

2.   Use Different Sources And Be Critical Of Them.

If you’re writing a law assignment, it’s important to use multiple sources. This helps give you a balanced view of the material and makes sure that you get all sides of an argument. While this can sometimes feel like too much work, it will pay off in the long run by giving your reader access to an accurate representation of what happened in court cases or legislative debates.

You should also be critical when evaluating these sources: check their dates of publication. Make sure they were written by experts on their topic. Ensure they are unbiased (not taking sides). Determine if they’re credible (whether or not they have credibility within their field).

3.   Plan Your Essay Before You Start Writing.

When you’re writing an essay, it can be tempting to dive right in and start writing. But this is a mistake because it leads to writer’s block and procrastination. Instead, plan your professional law essay help before you start writing!

Planning helps you stay on track by giving your brain something familiar to focus on during the process of creating new sentences and paragraphs (instead of being stuck on one word). Planning also helps prevent writer’s block from happening. Once you have an outline for your paper or assignment, there are no more excuses for not being able to write anything else—you’re just doing what needs doing!

4.   Make A Schedule And Stick To It

Making a schedule and sticking to it is one of the most important things you can do when writing law assignments.

• Make sure that you set aside time each day for writing. It’s easy to get distracted by other things, so make sure your schedule includes breaks in between writing sessions!
• Don’t try to do too much at once—it’s more productive if you take breaks and spread out your workload over several hours or days instead of trying to complete everything all in one go (or even worse, procrastinating and ending up doing nothing).
• One of the best ways to stay organized is by using a planner or calendar. This will help you plan out your assignments so that you don’t get overwhelmed by all the work that needs to be done.
• It’s also important to make sure that your schedule takes into account any other commitments or responsibilities in your life—such as part-time jobs, etc.

5.   Take A Break And Come Back To It With Fresh Eyes.

You don’t have to keep writing until you finish the assignment. It’s fine if you take a break every few pages or so and come back with fresh eyes. There are many ways that taking breaks can help improve your writing.

First, it gives you time to think about what you’re doing and how it makes sense. Second, taking breaks allows writers to process information better than if they were just sitting behind their computers all day long trying desperately not to fall asleep.

When you’re writing, it’s easy to get distracted by social media or TV shows, but don’t make the mistake of thinking that these things will help you write better. Instead, use them as rewards after your work is done!

6.   Don’t Forget About The References!

References and citations are essential for your assignment. Make sure to format your references correctly and cite them correctly, too. Be sure to include citations in the body of the text, and use them correctly. For example, if you cite a case, put the citation in parentheses after the quote. If you cite an article, put it in square brackets after the quote.

The best way to avoid plagiarism is by following the proper citation method of author, title, page number(s), year published, and name of publisher or journal (if possible). For example: “Chapman & Hall Law Review article by Bhatia v. State of Texas (2016)”

The key is to ensure that when your reader looks at your paper they know where to find what you’re talking about. If ever you have any doubts about what a source says in its reference section then check it with another source first before quoting it directly.

7.   Proofread And Proofread Again.

Proofreading is the most important step in writing law assignments as a professional. It is a key part of writing and should be done before you submit your work for review

Make sure you have a good grasp of the material before proofreading and make sure to use a dictionary and grammar checker. If you’re not careful, your work could be riddled with errors that make it hard for the reader to understand what you have written.

You can ask a friend or family member to read your paper before your professor grade it. You can also pay someone else to do this work for you or maybe even hire an expert proofreader at an hourly rate!

8.   Know When To Ask For Help

If you’re struggling with an assignment, don’t hesitate to ask for help. It’s perfectly fine to reach out and ask your professor or classmates for assistance in completing the assignment. If there are no other options available, though, don’t hesitate to reach out to senior students who might have more experience than you do with this type of writing assignment.

Finally, think about taking advantage of resources outside of class. Library staff members will often feel happy simply by hearing from their peers that they need some extra help!

9.   Make Sure You Don’t Forget Your Priorities

It’s important to remember that you can’t always be writing . You also have to eat, sleep, and exercise—you need your body to be healthy so that it can do its job.

You should also make sure you’re not neglecting other important things like going out with friends or having fun!

If you find yourself struggling with writer’s block, don’t feel like it’s a sign of failure. It can happen to anyone, even professional writers. The most important thing is to remember that you’re not alone—and there are plenty of ways you can overcome it!

If possible, go back and check your research sources again before starting on your paper—you might find something new!

10. Turn Your Law Assignments From Nightmares Into Manageable Tasks.

The k step to turning your law assignments into manageable tasks is staying on top of things. You can do this by setting deadlines, sticking to them, and keeping everything organized—like your research material. As long as you keep focused and stay on top of things, you can turn your law assignments from nightmares into manageable tasks.

Here are some tips for managing your time effectively:

• Keep track of when you’re going to write each assignment. This will also help prevent procrastination from creeping up on you!
• If possible, try scheduling breaks during working periods instead of staring at a computer screen all day long. This will help keep your mind fresh and you can give proper attention to your task.

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Out-law / your daily need-to-know.

Out-Law Guide 4 min. read

Assignment and novation

19 Aug 2011, 4:40 pm

Assignment involves the transfer of an interest or benefit from one person to another. However the 'burden', or obligations, under a contract cannot be transferred.

Assignment in construction contracts

As noted above only the benefits of a contract can be assigned - not the burden. In the context of a building contract:

• the employer may assign its right to have the works constructed, and its right to sue the contractor in the event that the works are defective – but not its obligation to pay for the works;
• the contractor may assign its right to payment of the contract sum - but not its obligation to construct the works in accordance with the building contract or its obligation to meet any valid claims, for example for defects.

After assignment, the assignee is entitled to the benefit of the contract and to bring proceedings against the other contracting party to enforce its rights. The assignor still owes obligations to the other contracting party, and will remain liable to perform any part of the contract that still has to be fulfilled since the burden cannot be assigned. In practice, what usually happens is that the assignee takes over the performance of the contract with effect from assignment and the assignor will generally ask to be indemnified against any breach or failure to perform by the assignee.  The assignor will remain liable for any past liabilities incurred before the assignment.

In construction contracts, the issue of assignment often arises in looking at whether collateral warranties granted to parties outside of the main construction contract can be assigned.

Funders may require the developer to assign contractual rights against the contractor and the design team as security to the funder, as well as the benefit of performance bonds and parent company guarantees. The developer may assign such rights to the purchaser either during or after completion of the construction phase.

Contractual assignment provisions

Many contracts exclude or qualify the right to assignment, and the courts have confirmed that a clause which provides that a party to a contract may not assign the benefit of that contract without the consent of the other party is legally effective and will extend to all rights and benefits arising under the contract, including the right to any remedies. Other common qualifications on the right to assign include:

• a restriction on assignment without the consent of the other party, whether or not such consent is not to be unreasonably withheld or delayed;
• only one of the parties may assign;
• only certain rights may be assigned – for example, warranties and indemnities may be excluded;
• a limit on the number of assignments - as is almost always the case in respect of collateral warranties;
• a right to assign only to a named assignee or class of assignee.

Note that in some agreements where there is a prohibition on assignment, it is sometimes possible to find the reservation of specific rights to create a trust or establish security over the subject matter of the agreement instead.

Legal and equitable assignment

The Law of Property Act creates the ability to legally assign a debt or any other chose in action where the debtor, trustee or other relevant person is notified in writing. If the assignment complied with the formalities in the Act it is a legal assignment, otherwise it will be an equitable assignment.

Some transfers can only take effect as an equitable assignment, for example:

• an oral assignment;
• an assignment by way of charge;
• an assignment of only part of the chosen in action;
• an assignment of which notice has not been given to the debtor;
• an agreement to assign.

If the assignment is equitable rather than legal, the assignor cannot enforce the assigned property in its own name and to do so must join the assignee in any action. This is designed to protect the debtor from later proceedings brought by the assignor or another assignee from enforcing the action without notice of the earlier assignment.

Security assignments

Using assignment as a way of taking security requires special care, as follows:

• if the assignment is by way of charge, the assignor retains the right to sue for any loss it suffers caused by a breach of the other contract party;
• if there is an outright assignment coupled with an entitlement to a re-assignment back once the secured obligation has been performed, it is an assignment by way of legal mortgage.

Please see our separate Out-Law guide for more information on types of security.

Restrictions on assignment

There are restrictions on the assignment of certain types of interest on public policy grounds, as follows:

• certain personal contracts – for example, a contract for the employment of a personal servant or for the benefit of a motor insurance policy cannot be assigned;
• a bare cause of action or 'right to sue' where the assignee has no commercial interest in the subject matter of the underlying transaction cannot be assigned;
• certain rights conferred by statute – for example, a liquidator's powers to bring wrongful trading proceedings against a director – cannot be assigned;
• an assignment of a contract may not necessarily transfer the benefit of an arbitration agreement contained in the contract;
• the assignment of certain rights is regulated – for example, the assignment of company shares or copyright.

If you want to transfer the burden of a contract as well as the benefits under it, you have to novate. Like assignment, novation transfers the benefits under a contract but unlike assignment, novation transfers the burden under a contract as well.

In a novation the original contract is extinguished and is replaced by a new one in which a third party takes up rights and obligations which duplicate those of one of the original parties to the contract. Novation does not cancel past rights and obligations under the original contract, although the parties can agree to novate these as well.

Novation is only possible with the consent of the original contracting parties as well as the new party. Consideration (the 'price' paid, whether financial or otherwise, by the new party in return for the contract being novated to it) must be provided for this new contract unless the novation is documented in a deed signed by all three parties.

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Operators in C Programming: A Complete Overview

Curious about Operators in C Programming? Operators in C are symbols that perform operations on variables and values, such as addition, subtraction, and comparison. This blog will delve into various operators, including arithmetic, logical, and bitwise, explaining their functions and how they are used in C programming.

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Are you struggling to master the foundational concepts of programming? Understanding operators in C programming is crucial for anyone looking to write efficient and powerful code. These operators are the building blocks that enable you to perform calculations, manipulate data, and make decisions within your programs. 

In this blog, we'll delve into the various types of operators in C programming, from arithmetic to logical, and explore how they work together to bring your code to life. By mastering these operators, you'll gain the confidence to tackle more complex programming challenges, making your code both cleaner and more effective. Stay with us as we guide you through the essentials of operators in C programming, helping you unlock the true potential of your coding skills. 

Table of Contents 

1) What is a C Operator? 

2) Types of Operators in C 

   a) Arithmetic Operations in C 

   b) Relational Operators in C 

   c) Logical Operator in C 

   d) Bitwise Operators in C 

   e) Assignment Operators in C 

   f) Increment and Decrement Operators 

   g) sizeof Operator 

   h) Other Operators 

3) Conclusion 

What is a C Operator? 

In C Programming, an operator is a symbol that instructs the compiler to perform specific mathematical, relational, or logical operations on variables and values to produce a result. Operators are fundamental in manipulating data and are used extensively in expressions to perform calculations, comparisons, and logical evaluations.  

They enable programmers to write concise and efficient code by simplifying complex operations into manageable components. From simple arithmetic operations like addition and subtraction to more complex tasks like bitwise manipulations and logical decision-making, operators in C are essential tools that facilitate a wide range of programming tasks and functionalities.  

Types of Operators in C 

C Operators are categorised based on the type of operation they perform. These categories include arithmetic, relational, logical, sbitwise, assignment, increment and decrement, size of, and other miscellaneous operators. Each category has specific functions and uses in programming. Understanding these operators in conjunction with the various Data Types in C allows programmers to effectively manipulate and process data. 

1) Arithmetic Operations in C 

Arithmetic operators perform basic mathematical operations such as addition, subtraction, multiplication, division, and modulus. 

Operators and Their Functions: 

a) + (Addition): Adds two operands. 

b) - (Subtraction): Subtracts the second operand from the first. 

c) * (Multiplication): Multiplies two operands. 

d) / (Division): Divides the numerator by the denominator. 

e) % (Modulus): Returns the remainder of a division operation. 

Example:  

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2) Relational Operators in C 

Relational operators compare two values or variables. They return a boolean result (true or false). 

a) == (Equal to): Checks if two operands are equal. 

b) != (Not equal to): Checks if two operands are not equal. 

c) > (Greater than): Checks if the left operand is greater than the right. 

d) < (Less than): Checks if the left operand is less than the right. 

e) >= (Greater than or equal to): Checks if the left operand is greater than or equal to the right. 

f) <= (Less than or equal to): Checks if the left operand is less than or equal to the right. 

3) Logical Operators in C 

Logical operators are used to combine multiple relational expressions. 

a) && (Logical AND): Returns true if both operands are true. 

b) || (Logical OR): Returns true if at least one operand is true. 

c) ! (Logical NOT): Returns true if the operand is false. 

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4) Bitwise Operators in C 

Bitwise operators perform operations on binary representations of integers. 

a) & (AND): Performs bitwise AND. 

b) | (OR): Performs bitwise OR. 

c) ^ (XOR): Performs bitwise XOR. 

d) ~ (NOT): Performs bitwise NOT. 

e) << (Left Shift): Shifts bits to the left. 

f) >> (Right Shift): Shifts bits to the right. 

5) Assignment Operators in C 

Assignment operators assign values to variables. 

a) =: Simple assignment. 

b) +=: Adds and assigns. 

c) -=: Subtracts and assigns. 

d) *=: Multiplies and assigns. 

e) /=: Divides and assigns. 

f)  %=: Takes modulus and assigns. 

6) Increment and Decrement Operators 

Increment and decrement operators increase or decrease the value of a variable by one. 

a) ++: Increment operator. 

b) --: Decrement operator. 

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7) sizeof Operator 

The sizeof operator returns the size of a variable or data type in bytes. 

8) Other Operators 

Other miscellaneous operators include the comma operator, the conditional operator (ternary), and the cast operator. 

a) , (Comma): Separates expressions. 

b)  ?: (Ternary): A shorthand for the if-else statement. 

c) (type) (Cast): Converts a variable from one type to another. 

Example :  

Conclusion 

Understanding and effectively using operators in C programming is crucial for writing efficient and effective code. By mastering these operators, you can perform a wide range of operations, from simple arithmetic to complex bitwise manipulations, enhancing your programming capabilities. 

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Frequently Asked Questions

Operators in C are symbols that instruct the compiler to perform specific mathematical, relational, or logical operations on variables and values. They enable manipulation of data, facilitating various operations such as arithmetic calculations, comparisons, and logical evaluations, which are essential for writing functional C programs.  

The '=' operator is an assignment operator that assigns the value on its right to the variable on its left. The '==' operator is a relational operator used to compare two values, returning true if they are equal and false if they are not. 

Logic operators in C include && (logical AND), || (logical OR), and ! (logical NOT). These operators are used to combine or invert logical expressions, enabling decision-making processes within the program based on multiple conditions.  

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