UNIVERSITY OF ESSEX

SCHOOL OF LAW

LLB Law
LLB English and European Laws
LLB English and French Laws (Maîtrise)
BA Law and Human Rights
LLB Law and Human Rights
LLB Law and Philosophy
 LLB Law and Politics

RULES OF ASSESSMENT
2008-2009

For students entering 4th or repeating Final Year in October 2008

FINAL YEAR RULES OF ASSESSMENT AND THE CLASSIFICATION OF DEGREES
(RELATES TO ALL COURSES)
	
1	Resits are not available to final-year students. 
	
2	In order to pass a modules, candidates will be required to obtain the following:
	
i)	a module aggregate mark of 40 for each Law module, when the coursework marks and examination marks are aggregated together
	
and
	
ii)	a minimum mark of 35 in each Law examination (LW prefix modules). 
	
DEGREE CLASSIFICATIONS – LLB Law and BA Law and Human Rights 
The following rules are based on the student having taken 8 papers.
	
3	First Class Honours (Class 1)
	
	Mandatory: First Class Honours shall be awarded to a candidate who receives at least four first class marks and no marks below 2.1 class and an average of 65 or higher over the eight Part I and II papers.
	
	Discretionary: Candidates who do not fall into the above category but who receive at least three first class marks shall be considered for First Class honours.  The Board shall take into account the level of the candidate's other marks and the distribution of first class marks between the second and final year.  The Board shall give particular weight to the quality of the candidate’s marks in the final year.  When a candidate has received only three first class marks, he or she shall not normally receive First Class honours unless all three First Class marks have been received in the final year of study.  
	
4	Second Class Honours (Division One) (Class 2.1)
	
	Mandatory: Second Class Honours (Division One) shall be awarded to a candidate who receives at least five 2.1 or better class marks, at least two of which are achieved in the final year, and an average of 55 or higher over the eight Part I and II papers.
	
	Discretionary: Candidates who do not fall in the above category but who receive at least four 2.1 or better class marks shall be considered for Second Class Honours (Division One).  The Board shall take into account the level of the candidate's other marks and the distribution of 2.1 marks or better between the second and final year.  The Board shall give particular weight to the quality of the candidate’s marks in the final year.  When a candidate has received only four 2.1 marks, he or she shall not normally receive 2.1 honours unless at least three of the four 2.1 marks have been received in the final year of study.  
	
5	Second Class Honours (Division Two) (Class 2.2)
	
	Mandatory: Second Class Honours (Division Two) shall be awarded to a candidate who receives at least five 2.2 or better class marks, at least two of which are received in the final year, and an average of 45 or higher over the eight Part I and II papers.
	
	Discretionary: Candidates who do not fall in the above category but who receive at least four 2.2 or better class marks shall be considered for Second Class Honours (Division Two).  The Board shall take into account the level of the other marks and the distribution of the 2.2 marks or better between the second and final year.  The Board shall give particular weight to the quality of the candidate’s marks in the final year.  When a candidate has received only four 2.2 marks, he or she shall not normally receive 2.2 honours unless at least three of the four 2.2 marks have been received in the final year of study.  
	
6	Third Class Honours (Class 3)	
	A student who does not qualify for any of the above degree classifications but who achieves an average of at least 40, with not more than one failing mark, shall be awarded Third Class Honours.
	
	A student who at the end of the final year has failed two courses over the second and final years but who achieves an average of at least 40 with not more than two failing marks, may, at the discretion of the examiners, be permitted to return the following May/June for one further attempt at the final year papers.  Marks will be capped at 40 and only third class honours may be awarded to such a student unless the original Board of Examiners stipulates otherwise on the basis of extenuating circumstances.  
	
7	Fail 
	
	A student who has an average below 40 or who receives more than two failing marks shall not normally be eligible for the award of a degree.
	
DEGREE CLASSIFICATIONS - LLB English and French Laws (Maîtrise)
The following rules are based on the student having taken 10 papers
	
	The degree classification for the Maîtrise scheme will be based on 10 marks – the five achieved at Essex during the student’s second year of study and the five best marks achieved in modules of at least one semester’s duration during the final year in which the student is pursuing the Maîtrise en droit at Paris X. Marks awarded by the French Examiners on a scale of 20 will be converted to an Essex percentage equivalent for the purposes of degree classification.
	
8	First Class Honours (Class 1)
	
	Mandatory:  First Class Honours shall be awarded to a candidate who receives at least five first class marks and no marks below 2.1 class and an overall average of 65% or higher.
	
	Discretionary:  Candidates who do not fall in the above category but who receive at least four first class marks shall be considered for First Class Honours. The Board shall take into account the level of the candidate’s other marks including the third year marks from Paris X (which do not otherwise count towards degree classification) and any final year marks that have not been included in the initial calculation of the students’ degree classification, and a pattern of improvement over the whole of a candidate’s programme of study.  

9	Second Class Honours (Division One) (Class 2.1)
	
	Mandatory:  Second Class Honours (Division One) shall be awarded to a candidate who receives at least five 2.1 or better class marks and an overall average of 55% or higher.
	
	Discretionary:  Candidates who do not fall in the above category but who receive at least four 2.1 or better class marks shall be considered for Second Class Honours (Division One).  The Board shall take into account the level of the candidate’s other marks including the third year marks from Paris X (which do not otherwise count towards degree classification) and any final year marks that have not been included in the initial calculation of the students’ degree classification, and a pattern of improvement over the whole of a candidate’s programme of study.  
	
10	Second Class Honours (Division Two) (Class 2.2)
	
	Mandatory:  Second Class Honours (Division Two) shall be awarded to a candidate who receives at least five 2.2 or better class marks and an overall average of 45% or higher.
	
	Discretionary:  Candidates who do not fall in the above category but who receive at least four 2.2 or better class marks shall be considered for Second Class Honours (Division Two). The Board shall take into account the level of the candidate’s other marks including the third year marks from Paris X (which do not otherwise count towards degree classification) and any final year marks that have not been included in the initial calculation of the students’ degree classification, and a pattern of improvement over the whole of a candidate’s programme of study.  
	
11	Third Class Honours (Class 3)
	
	A student who does not qualify for any of the above degree classifications but who achieves an average of at least 40%, with not more than one fail mark, shall be awarded Third Class Honours.
	
	A student who at the end of the final year has failed two modules over the second and final years but who achieves an average of at least 40 with not more than two fail marks, may, at the discretion of the examiners, be permitted to return the following September for one further attempt at the final year papers.  Marks will be capped at 40 and only third class honours may be awarded to such a student unless the original Board of Examiners stipulates otherwise on the basis of extenuating circumstances.
	
12	Fail
	
	A student who has an average below 40 or who receives more than two fail marks (modules) shall not normally be eligible for the award of a degree.
	
DEGREE CLASSIFICATIONS

LLB English and European Law, LLB Law and Philosophy, LLB Law and Politics, 
LLB Law and Human Rights
	
13	The papers taken in France will normally be treated as two papers.  Marks awarded by the French Examiners on a scale of 20 will be averaged and converted to a percentage equivalent (see paragraphs 31-36).
	
14	The papers taken at a European (other than French) university will normally be treated as two papers.  (see also paragraphs 31-36).  An individual conversion scheme exists in respect of each partner University as set out in the Year Abroad supplement.
	
15	Particular consideration shall be given to whether candidates have studied in a language other than their mother-tongue during their Year Abroad.

The following rules are based on the student having taken 12 papers.
	
16	First Class Honours (Class 1)
	
	Mandatory:  First Class Honours shall be awarded to a candidate who receives at least six first class marks and no marks below 2.1 class and an average of 65 or higher over all second, third and fourth year marks.
Discretionary:  Candidates who do not fall in the above category but who receive at least five first class marks shall be considered for First Class Honours.  The Board shall take into account the level of the candidate's other marks and the distribution of first class marks between the second, third and final year.  The Board shall give particular weight to the quality of the candidate’s marks in the final year and may give particular weight to marks obtained on the year abroad.  When a candidate has received only five first class marks, he or she shall not normally receive First Class Honours unless three of the first class marks have been obtained in the final year of study.  
	
17	Second Class Honours (Division One) (Class 2.1)
	
	Mandatory:  Second Class Honours (Division One) shall be awarded to a candidate who receives at least six 2.1 or better class marks, at least two of which are achieved in the final year, and an average of 55 or higher over all second, third and fourth year marks.
	
	Discretionary:  Candidates who do not fall in the above category but who receive at least five 2.1 or better class marks over all the second, third and final year marks or four 2.1 or better class marks in the final year shall be considered for Second Class Honours (Division One).  The Board shall take into account the level of the candidate's other marks and the distribution of 2.1 marks between the second, third and final year.  The Board shall give particular weight to the quality of the candidate’s marks in the final year.  When a candidate has received only five 2.1 marks, he or she shall not normally receive 2.1 honours unless at least four of the five 2.1 marks have been received in the final year of study.  
	
18	Second Class Honours (Division Two) (Class 2.2)
	
	Mandatory:  Second Class Honours (Division Two) shall be awarded to a candidate who receives at least six 2.2 or better class marks, at least two of which are received in the final year, and an average of 45 or higher over all second, third and fourth year marks.
	
	Discretionary:  Candidates who do not fall in the above category but who receive at least five 2.2 or better class marks shall be considered for Second Class Honours (Division Two).  The Board shall take into account the quality of the other marks and the distribution of the 2.2 marks between the second, third and final year.  The Board shall give particular weight to the level of the candidate’s marks in the final year.  When a candidate has received only five 2.2 marks, he or she shall not normally receive 2.2 honours unless at least four of the five 2.2 marks have been received in the final year of study.  
	
19	Third Class Honours (Class 3)
	
	A student who does not qualify for any of the above degree classifications but who achieves an average of at least 40, with not more than one fail mark, shall be awarded Third Class Honours.
	
	A student who at the end of the final year has failed two modules over the second and final years but who achieves an average of at least 40 with not more than two fail marks, may, at the discretion of the examiners, be permitted to return the following May/June for one further attempt at the final year papers.  Marks will be capped at 40 and only third class honours may be awarded to such a student unless the original Board of Examiners stipulates otherwise on the basis of extenuating circumstances.

20	Fail
	
	A student who has an average below 40 or who receives more than two fail marks (modules) shall not normally be eligible for the award of a degree.
	
The following rules are based on the student having taken 11 papers LLB English & European Law 
	
21	First Class Honours (Class 1)
	
	Mandatory:  First Class Honours shall be awarded to a candidate who receives at least five first class marks and no marks below 2.1 class and an average of 65 or higher over all second, third and fourth year marks.
	
	Discretionary:  Candidates who do not fall in the above category but who receive at least four first class marks shall be considered for First Class Honours.  The Board shall take into account the level of the candidate's other marks and the distribution of first class marks between the second, third and final year.  Particular weight may be given to the quality of the candidate’s marks in the final year and the year abroad.  When a candidate has received only four first class marks, he or she shall not normally receive First Class Honours unless three of the first class marks have been obtained in the final year of study.  
	
22	Second Class Honours (Division One) (Class 2.1)
	
	Mandatory: Second Class Honours (Division One) shall be awarded to a candidate who receives at least six 2.1 or better class marks, at least two of which are achieved in the final year, and an average of 55 or higher over the second, third, and final year papers.
	
	Discretionary: Candidates who do not fall in the above category but who receive at least five 2.1 or better class marks shall be considered for Second Class Honours (Division One).  The Board shall take into account the level of the candidate's other marks.  Particular weight may be given to the quality of the candidate’s marks in the final year and the year abroad.  When a candidate has received only five 2.1 marks, he or she shall not normally receive 2.1 Honours unless four of the 2.1 marks have been obtained in the final year of study.  
	
23	Second Class Honours (Division Two) (Class 2.2)
	
	Mandatory: Second Class Honours (Division Two) shall be awarded to a candidate who receives at least six 2.2 or better class marks, at least two of which are received in the final year, and an average of 45 or higher over the second, third, and final year papers.
	
	Discretionary: Candidates who do not fall in the above category but who receive at least five 2.2 or better class marks shall be considered for Second Class Honours (Division Two).  The Board shall take into account the level of the other marks.  The Board may give particular weight to the quality of the candidate’s marks in the final year and the year abroad.  When a candidate has received only five 2.2 marks, he or she shall not normally receive 2.2 Honours unless four of the 2.2 marks have been obtained in the final year of study.  
	
24	Third Class Honours (Class 3)
	
	A student who does not qualify for any of the above degree classifications but who achieves an average of at least 40, with not more than one failing mark, shall be awarded Third Class Honours.  A student who at the end of the final year has failed two modules over the second and final years but who achieves an average of at least 40 with not more than two failing marks, may, at the discretion of the examiners, be permitted to return the following May/June for one further attempt at the final year papers.  Marks will be capped at 40 and only third class honours may be awarded to such a student unless the original Board of Examiners stipulates otherwise on the basis of extenuating circumstances.

25	Fail
	
	A student who has an average below 40 or who receives more than two failing marks (modules) shall not normally be eligible for the award of a degree.
	
The following rules are based on the student having taken 10 papers LLB English & European Law 
	
26	First Class Honours (Class 1)
	
	Mandatory:  First Class Honours shall be awarded to a candidate who receives at least five first class marks and no marks below 2.1 class and an overall average of 65% or higher over all second, third and fourth year marks.
	
	Discretionary:  Candidates who do not fall in the above category but who receive at least four first class marks shall be considered for First Class Honours.  The Board shall take into account the level of the candidate's other marks and the distribution of first class marks between the second, third and final year.  Particular weight may be given to the quality of the candidate’s marks in the final year and the year abroad.  When a candidate has received only four first class marks, he or she shall not normally receive First Class Honours unless three of the first class marks have been obtained in the final year of study. 
	
27	Second Class Honours (Division One) (Class 2.1)
	
	Mandatory:  Second Class Honours (Division One) shall be awarded to a candidate who receives at least five 2.1 or better class marks and an overall average of 55% or higher over all second, third and fourth year marks.
	
	Discretionary:  Candidates who do not fall in the above category but who receive at least four 2.1 or better class marks shall be considered for Second Class Honours (Division One).  The Board shall take into account the level of the candidate's other marks.  Particular weight may be given to the quality of the candidate’s marks in the final year and the year abroad.  When a candidate has received only four 2.1 marks, he or she shall not normally receive 2.1 Honours unless three of the 2.1 marks have been obtained in the final year of study.  
	
28	Second Class Honours (Division Two) (Class 2.2)
	
	Mandatory:  Second Class Honours (Division Two) shall be awarded to a candidate who receives at least five 2.2 or better class marks and an overall average of 45% or higher over all second, third and fourth year marks.
	
	Discretionary:  Candidates who do not fall in the above category but who receive at least four 2.2 or better class marks shall be considered for Second Class Honours (Division Two).  Particular weight may be given to the quality of the candidate’s marks in the final year and the year abroad.  When a candidate has received only four 2.2 marks, he or she shall not normally receive 2.2 Honours unless three of the 2.2 marks have been obtained in the final year of study.  
	
29	Third Class Honours (Class 3)
	
	A student who does not qualify for any of the above degree classifications but who achieves an average of at least 40%, with not more than one fail mark, shall be awarded Third Class Honours.

A student who at the end of the final year has failed two courses over the second and final years but who achieves an average of at least 40 with not more than two fail marks, may, at the discretion of the examiners, be permitted to return the following September for one further attempt at the final year papers.  Marks will be capped at 40 and only third class honours may be awarded to such a student unless the original Board of Examiners stipulates otherwise on the basis of extenuating circumstances.

30	Fail
	
	A student who has an average below 40 or who receives more than two fail marks (modules) shall not normally be eligible for the award of a degree.

YEAR ABROAD/THIRD YEAR RULES OF ASSESSMENT 
(RELATES TO FOUR-YEAR SCHEMES ONLY)
	
LLB English and European Laws Year Abroad
	
No student may have more than one year abroad.	
31	Students studying in a partner European institution will be examined in accordance with the regulations and practices of the host partner institution.
	
32	The partner institution will inform us as soon as possible of the examination results.  The marks obtained in the European institution will be included in the final assessment for the degree as indicated in these Rules of Assessment. 
	
33	The marks for the year abroad, which is normally the third year of study, will be considered by a Sub-Committee of the Board of Examiners which reports to the Final Year Board of Examiners.  Students whose marks from the year abroad fail to satisfy the examiners will not be eligible for the award of the LLB English and European Law, but will be considered for the award of the LLB Law only. 
	
34	The final mark shall normally be based upon the best marks obtained by the student on a combination of courses representing no less than 75% of the approved programme of studies.
	
35	If the candidate fails to satisfy the examiners and is required to transfer to the LLB Law, the aggregated year abroad mark shall be recorded and reported to the final-year Board of Examiners.  (see paragraph 33)
	
36	The marks conversion tables are published as a supplement to these Rules of Assessment.
	
LLB Law and Politics, LLB Law and Human Rights and LLB Law and Philosophy – 
Third Year
	
37	Courses taken in the third year count towards the final degree result, but candidates must also satisfy the examiners in the third year to be able proceed to the next year of study.  Third year candidates will therefore be required to obtain the following:
	
i)	a course aggregate mark of 40 for each Law module, when the coursework marks and examination marks are aggregated together
	
and
	
ii)	a minimum mark of 35 in each Law examination.
	
38	Candidates with a mark of less than 40 in one or more modules may be awarded a pass in the module where this is necessary in the opinion of the Board of Examiners to achieve a fair result.  This discretion should not, however, be exercised except in exceptional circumstances and where, notwithstanding the marks, the examiners are satisfied that the candidate concerned has reached a satisfactory level of competence in the subject(s).

39	Candidates must satisfy the examiners before being permitted to proceed.  Candidates who fail to satisfy the examiners in one or more of the compulsory law modules in June will be required to re-sit those examinations in the following September.  Third year candidates for the LLB Law and Politics, LLB Law and Human Rights and LLB Law and Philosophy can only resit modules which are available to first-year or second-year Law students.  It is not possible to resit modules offered by another department or third-year law courses.  
The maximum mark obtainable in a modules for which a re-sit examination has been taken is 40.
	
40	A student who has failed two modules over the second, third and final years will not normally be eligible for the conferment of an honours degree, and when the failures occur in the second and third years will not be permitted to proceed to the final year of study.  Where there is prima facie evidence by the end of the third year that a student cannot obtain an honours degree, the Board of Examiners, unless it exercises the discretion set out in paragraph 6 above, may require the student to withdraw, or in certain circumstances to repeat the year, or to intermit and resit the examinations in the following June.
	
LLB English and French Laws —Third and Fourth Years
	
41	Candidates studying in Paris X will be examined in accordance with rules, regulations and practices established and enforced by Paris X.
	
42	Whether a candidate is awarded a Licence en droit or a Maîtrise en droit shall be determined by Paris X in accord with rules, regulations and practices established by Paris X. No right of appeal shall lie with the Board of Examiners of the University of Essex.
	
OPERATION OF ASSESSMENT REGULATIONS
	
Assessment of Components
	
43	The Board of the School of Law has approved the following rules for determining the class to be awarded for each component in the second, third/final years of the above mentioned degree schemes.
	
a)	Most Law modules (ie. modules with the prefix LW) are assessed by written coursework and an examination.  The coursework mark and examination mark for each module are combined to form a final aggregate mark.  The weight given to the coursework mark and the examination mark in each module is published in the attached list (Appendix A).  This list also shows those modules assessed by examination or coursework only.
	
b)	Modules taken from Departments other than the School of Law (ie. any modules with a prefix other than LW) are assessed in accordance with the rules of assessment in the relevant department.
	
c)	The class of each component will be determined on the following scale:
Class 1			70 marks or over
Class 2.1		60 - 69 marks
Class 2.2		50 - 59 marks
Class 3			40 - 49 marks
Fail			39 marks or fewer
(a fail will also be recorded for a Law modules in which the student has achieved less than a mark of 35 in a 1st or 2nd year examination)

d)	The marks returned to the Board of Examiners will be the marks agreed by the internal examiner(s) in each paper as approved or amended by the relevant external examiner.  Doubtful marks that cannot be returned in accordance with this procedure will be drawn to the attention of the Board of Examiners for resolution.
	
44	The Powers of the Boards of Examiners and the Use of Discretion
	
a)	The decisions of the Board of Examiners with respect to students proceeding to the next year of study and the degree classification of final year students will be governed by the University Regulations, by the examination conventions set down in the Rules of Assessment and by the University Progress Procedures.  In exercising discretion the Board of Examiners may invite the candidate for viva voce examination.
	
b)	The Board of Examiners may in its discretion depart from these conventions where it is satisfied that exceptional circumstances exist.  In particular, it will take account of:
	
i)	properly evidenced medical or other extenuating circumstances which are likely to have adversely affected a candidate's performance in accordance with University regulations.
	
c)	When exercising its discretion the Board is invited to give appropriate weight to the fact that a mark has been obtained in a resit examination. 
	
d)	The Board must consider whether any particular marks are high or low within their classes 
(this applies to both the higher and the lower class).
	
e)	The Board must also consider whether all the marks below the discretionary class are in the class immediately below, or if there is a mark or marks more than a class below the class of the discretionary award.  For instance, has the discretionary 2.1 candidate all 2.1s and 2.2s, or are there thirds and/or fails also?  If the latter, then the candidate’s degree class is less likely to be raised. 
	
f)	‘Compensating strength’ may also be considered.  If in the final year the student obtains two marks that are at least two classes higher than that to which the student is otherwise entitled, the examiners may consider the award of the interim class.  For example, if a student is entitled to a third but has two 2.1s in the final year, the Board may consider awarding a 2.2.
	
45	Voting Procedure
	
	At the meeting of the Board of Examiners, doubtful cases will be discussed and the views of the external examiners sought. If the external examiners are unanimous, their views will be accepted.  If they are not unanimous, the result will be decided by a vote of the whole Board, in which the external examiners’ votes would have no special status. 
	
46	Revision of Second/Third-Year Marks by a Final-Year Board of Examiners
	
a)	A Board of Examiners may not leave examination or coursework marks for review or alteration by another Board;
	
b)	A Board of Examiners may not review or alter examination or coursework marks which have been received by another Board, except in appeal cases referred to it by the Vice-Chancellor or Pro-Vice-Chancellor (Academic).
	
47	Aegrotat Degrees 
	
	If a candidate becomes unfit to sit examinations after the 6th week of the spring term and before the end of the final examination period and does not sit some or all of the examinations, the Board of Examiners may confer on him/her an "aegrotat" degree.  Such a candidate may re-sit the examinations in the following year.  For full explanation of this procedure see University Regulation 6.17.

48	Disclosure of Examination Marks
The aggregate mark for each individual module will be disclosed to students and, where there is a coursework component in addition to the examination, both the aggregate coursework mark and the examination mark for an individual modules will also be disclosed.  Marks for individual examination questions will not be disclosed.
	
	Coursework marks released during the year are subject to approval by the External Examiner and the Board of Examiners which meets at the end of the academic year.  Marks should therefore be regarded as provisional until they are confirmed by the Board of Examiners as they may be subject to alteration.
	
49	Examination Papers
	
	Examination papers for the designated compulsory second year (Part I) modules may cover topics in these subjects studied in the qualifying year.  Examination papers for final year (Part II) modules may cover topics studied in any compulsory module followed in any part of the programme of study.
	
Z:\Credit Framework and Rules of Assessment Project\OLD RULES L & M AND SS\ROA 2008-2009 Law.doc