Principal Issues For Research On Secret Trust Social Work Essay
I consider that I have reached this outcome and the associated skills because I can identify the principal of issues for research on a specific legal topic.’ I have conducted my research on a specific topic ‘Secret Trust’. I also have found the principal issues of research as required for this topic by expressing a research question.
I think the doctrine of secret trust is not a unproductive issue. The difficulties pose in the test and finding of this doctrine clearly point out that it is worth a research topic. The difference between the Wills Act theory and outside the Wills theory makes it extremely grey issue which needs careful consideration. With just a simple attitude the fraudulent party may not be able to take the benefit for him or his family.
To identify secret trust, the definition of Wills Act and secret trust and how these are operated need to be considered. I thought that there is some unclear and merely enforceable thought about secret trust.
I realised that the case Backwell Vs Blackwell is a significant step to identify the doctrine of frustration. The difference between Wills Act and outside the Wills theory can be identified from it. While dealing with the difference I came across various debatable issues where Wills Act is more preferable to the courts. I found that secret trust can make fraud very easily.According to the court the contracting parties should bare the risk .To avoid these entire complexity force major clause is the proper solution.
While preparing my research I thought I need to start from the basic points of law of Trust. Why we make a trust? Why trust is failed? How secret trust is different from the requirement of Wills Act? In Blackwell Vs Blackwell , Re Falkiner and Re Keen Secret trust has three essential element that is intention to create trust, communication of the intention of secret trust to the secret trustee and acceptance of the trust by the secret trustee.
After Blackwell various new cases came into force and the doctrine of secret trust has developed but those were not important for my research. The important part was the gift which is absolute but informally agree with the trustee that this is a trust. And it causes problem for the court to prove that it is trust and actual beneficiary is in vary difficult situation he/she may not even know about the trust. To solve it new cases have developed but still remain some confusion.
Evidence
The first and the second paragraph of my essay clearly indicate that I have
demonstrated my skill in successfully identifying the principal issues. In my topic I have tried to identify the problems and complexity in relation to the application of secret trust and tried to focus on the solution to it. I have identified various legal areas in the form of case law which are essential for my research work. The first two paragraphs clearly indicates that I have managed to successfully identify the key issues for research in my topic and demonstrated the required skills of 1) legal sources and research and 2) freedom and the ability to learn. The formulation of my research question regarding the topic plays a vital role in the process. At first I tried to identify the key problems of the current secret trust and commentator view. Text books, journals and other supporting materials helped me considerably in the process. Later I evaluated the probable solutions represented by the legal scholars and the case law. There were several case laws which I studied during the research process and found them very informative and useful in order to get the total understanding of the current law, e.g. Edwards V Pike, Re Snowden, Re Young, McCormick V Grogan, Allen V Snyder and others. These cases brightened up my understanding regarding the topic. There were some very informative and useful articles I found at the online database. I am Thankful to the University of London for providing such a great source of materials, that helped me a lot as I could not have found those journal in the local database. The article and journal from online library, J E Penner’s law of trust, the subject guide helped me a lot.Patricia Critchley’s comment in dehors theory, Viscount Sumner’s comment about relation to the statute law and secret trust help me understanding in depth. Lord Hailsham L.C.’s comment about destroying the whole object of creating of secret trust and fraud on the beneficiaries gave a very in depth reflection on the chosen topic and guided me maturely throughout the process.
Outcome 2
Locate and retrieve relevant information on a specific topic using primary and secondary legal sources, in paper or electronic media (including use of the world-wide web).
Claim
I can locate and retrieve relevant information on a specific topic namely Secret Trust, using primary and secondary legal sources, in paper or electronic media (including use of the world-wide web).’ In doing the research I first studied my The Law of Trustt text-book written by ‘J E Penner.’ There I have gone through the Formalities and secret trust chapter, the relevant paragraphs and studied the relevant materials. At this stage I have found necessary information which helped me to get the initial ideas. I went through Westlaw via online law library. There I searched for the Secret trust and this helped to identify the potential research materials. I also went through Lexis Nexis for the cases on Secret trust. First I have studied the definition of formalities as laid down in Statute and text book and after secret trust as laid down in text book and by the case law. Then I have picked the exact definition which is important and I put it in my research. I also studied the examples of secret trust or the areas which can be regarded as secret trust and I felt that some of those were important for my research as they dealt with formal trust and secret trust. I have then studied the difference between the full secret trust and half secret trust which was very crucial and also have gone on study the limitation of secret trust which is basically the main part of my research. I have picked the part which I felt important and wrote my research accordingly.
I also studied at some relevant books available in my academy law library; however I decided not to include them in my project as this would mean going into much bigger detail than was required for present purposes. I knew from the very beginning that if I go through the text book and Westlaw I would be able to locate these materials important for the research.
Evidence
The first step in my work on this project was to search for all necessary cases and other supporting materials. From reading the subject guide and resource books I have identified the most important cases for my research. I have gone through the cases on my text book, the subject guide and study pack. Apart from this I have extensively studied academic arguments, which helped me lot to develop my research. In my research I have used the online sources. I have used both the Westlaw and Lexis-Nexis Library. I went for arguments and article there. I also studied the secondary sources and organize my research consequently.
The bibliography of my research essay lists the primary and secondary sources I studied for my research. The case summaries and commentator’s argument verify that I found primary legal sources relevant to my research area.
Outcome 3:
Use sources in a critical and reflective way.
Claim
‘I can use sources in a critical and reflective way.’ In paragraphs 3-16 of my research essay. I describe a critical and thoughtful analysis of a range of cases addressing the issue of the doctrine of secret trust. I identified those cases by examining the relevant sections of the text book, subject guide and commentary in Westlaw and then used the Lexis-Nexis database to find the cases and download full case report I have read the cases, found out the specific information addressing the issue of the doctrine of half secret trust and full secret trust, their differences, links and also tried to find the solution to the complexity regarding this area. While preparing my research I always check whether the topic which I have studied has any impact on my research. I have particularly checked Blackwell V Blackwell case and cases related to it. At the time of studying I checked whether any issue deals with half secret trust, full secret trust, their differences and links. I have asked myself whether the issues which I was reading have anything to deal with formalities and can help me to find that the distinction between half and full secret trust. For me an issue would be relevant if it anything to deal with secret trust. I have gone through the conflicting decisions and their arguments in favour of those and I got idea for my research.
I have come to the knowledge that an argument is important if it has reliability and used for proper purposes. In my research the legal arguments which I have given has strength and weakness. Whenever an argument has the persuasive power in relation to the topic and it can clearly put the picture to the reader then that argument has strength and if it is uncertain and unclear then the argument is unclear. In this regard I gave my effort to provide with the proper argument which put the clear picture to us.
Evidence
In my research essay I displayed my capability to use both primary and secondary legal sources and reference materials in a critical and reflective way. The case summaries and commentators view as given in the evidence for outcome 1 illustrate my ability to assess the primary legal sources judging their relevance and importance for my research.
Outcome 4:
With limited guidance, and using a range of legal resources, plan, research and produce an original piece of legal writing some of which should address areas of law not previously studied
in depth.
Claim
‘I can, with limited guidance, and using a range of resources, plan, research and produce an original model of legal writing some of which addresses areas of law not previously studied in depth.’ I finished a research essay using primary and secondary legal resources as I already mentioned in outcome two earlier. I had previous idea on law of secret trust. With those slight ideas I started my work. I have attended few group works with my classmates and personal session with my teacher. I drawn my research with these and the oral presentation helped me a lot to complete the research.
I have gone through the secret trust and its increasing use in various aspect of law of trust. I studied the purpose of the secret trust, enforcement of the secret trust, dehors theory, criticism of dehors theory, fraud theory and criticism I also studied the issue of testamentary trust. While reading secret trust I have read the impact of half secret trust and full secret trust and thus eventually I have studied the effects of formalities both under common law and under the statute (Wills Act 1837). In dealing with all these issues I have found that the university subject guide does not provide us with material information on this depth area.
Evidence
My research essay clearly indicates that this area has not been studied in depth. In our class secret trust chapter was dealt in a very short time and we did not have the opportunity go in depth with our teachers. The research essay is my original piece of work it is a genuine writing on a particular legal issue. I am stating that this is my original work. I received limited guidance while doing it. I am aware of the penalties for plagiarism. My claim that this work goes beyond my previous learning is absolutely based on the case analysis I have done while doing my research essay.
Outcome 5:
Make an accurate assessment of your progress and the quality of your work and, using feedback, identify areas for improvement.
Claim
I believe that my research essay provides the necessary evidence to show that I am able to correctly identify and critically assess source materials to produce a credible answer to my research question. I consulted a variety of supporting materials, made an accurate assessment of them and drew probable conclusions. I believe I succeeded in selecting the most relevant materials and rejected those materials which were not related to the work or which duplicated information.
I received feedback from my classmate Baezid, which allowed me to identify areas in need of change, improvement or clarification. I prepared a short presentation of my work outlining the topic and presenting the principal arguments. I believe that my oral presentation (Outcome 7) increased my understanding of some issues and highlighted those areas that need further work. In addition, the feedback I received from Baezid made me realize that I should focus on selected aspects of my research question and choose the two to three most important articles on the subject in order to be able to produce an essay within the word limit.
I consider that I have produced an answer to my research question which is as nearly as possible given the scope of the task. I believe that this work is highly original; it includes many valid questions and thought and could form the basis of a bigger research project.
Evidence
My research essay and portfolio provide evidence that I have achieved this outcome. In evaluating my work I focused on my research skills, my ability to analyse legal texts and my presentation of arguments. I worked with other students (Elahi and Mahmudul) which allowed me to evaluate my legal research and presentation of argument skills. Each of us prepared a short presentation in which we explained briefly and coherently our research proposals and the main aspects of our work. This was a good practice for my oral presentation (see the PowerPoint slides in Appendix C). In my presentation I focused on the conclusions. As I gave my presentation it became clear that I could not easily explain these, and my friends thought, even from what I had said, that my conclusion contradicted my own evidence. After my presentation, I reviewed my conclusions and saw that I was overstating my case and I needed to moderate my argument and make my points both clearer and more subtle. This presentation with other students also gave me an opportunity to reflect on my presentation skills and help me prepare for the formal oral presentation (see the discussion under Outcome 7 below).
Outcome 6:
Produce a word-processed portfolio, with footnotes, using appropriate formatting tools, and communicate and exchange documents by email.
Claim
I can word-process text, with footnotes, using appropriate formatting tools, and communicate and exchange documents by email. I officially state that the full portfolio I have submitted was word-processed by me. The full assignment was completed in Microsoft Word software. I have used font Arial in size of 12 point. I also designed my headings, subheadings etc by using bold and underline format. In my whole legal research I have used 1.5 lines spacing to build it easier to read. the each outcome are in bold and size 14 point, the question of outcome are in 14 point and normal, the heading of claim and evidence are in 14 point size and with underline. In various tome to do my legal research I have faced many sort of problem, in that moment I have take very much support from my teacher and friends. They help me to solve the problem to how can my research essay become well.
Without internet this research can not be possible to complete well. I have tried my best to utilize this opportunity by using my University of London portal. After completing my research I have exchanged my research with my teacher friends by email. And I also take suggestion by this email.
Evidence
The provided legal research essay is the best and appropriate evidence of my achievement. The use of word processed portfolio, footnotes, screen shots of the emails I have exchanged, using a variety of formatting tools etc showed that I have completed this achievement.
Outcome 7
Briefly and accurately present and discuss, orally in English, legal information from standard textbooks, leading cases or statutes in a way that responds relevantly to the question asked or topic set and is understood by the audience.
Claim
I can briefly and accurately present and discuss orally in English, legal information from standard textbooks, leading cases or statutes in a way that responds relevantly to the question asked or topic set and is understood by the audience. I made an oral presentation face-to-face at the Intensive Weekend in my Bhuiyan Academy H 13, R 7, Dhanmondi Dhaka 1205 Bangladesh on 2 February 2011 ( Morning Session). My assessor was Shajib sir senior teacher of my academy.
Evidence
I include as evidence the PowerPoint slides (Appendix C) which I used as the basis of my presentation, a certificate proving that I completed the presentation (Appendix D) and the assessment pro forma with feedback from Shajib sir (Appendix E) indicating that I reached a high level
of competence in the task.
Outcome 8:
Work as an active and effective member of a team contributing productively to the group’s task.
Claim
I can work as an active and effective member of a team and contribute productively to the group’s task. To do research I have took help from two of my associates. They help me very much. They help me to sort out what was the problem of my research, how can I prepare my power point slide, what is the mechanism of screen shots of the emails I exchanged are included as Appendix B. I also improve my research by taking help from my teacher. He also plays a very effective role as a guide of mine.
Evidence
In my legal research Appendix B and Appendix C I have tried to show my evidence that I have described above. These two appendixes’ is a mirror of my take help and group work with my teacher and friends. These also provide that how much I have afforded in a group work.
