14. Marking Criteria

14.2. Merit

Merit (65 to 69)

An answer in the mark range of 65 to 69 generally shows a sound understanding of the legal and other issues, supported by examples which are demonstrably well understood and which are presented in a coherent and logical fashion. The answer should be well presented and structured, display analytical ability and contain no major errors or omissions, but it need not necessarily be excellent in any area.

Such high Merit answers are clearly highly competent and typically possess the following qualities:

 

  • Accurate and well informed
  • Reasonably comprehensive
  • Well organised and structured
  • Display evidence of general reading 
  • Evaluate the material, though these evaluations may be derivative
  • Demonstrate a sound grasp of basic principles
  • Demonstrate a good understanding of relevant material
  • Present the argument succinctly and cogently
  • Demonstrate some evidence of insight, reflection and analysis
  • Demonstrate a good standard of written English with few grammatical errors

 

One essential aspect of an upper Merit level answer is that it must have competently dealt with the entire question asked by the examiner.

In addition to the above, upper Merit-level answers to problem questions will also satisfy the following criteria:

 

  • All the major issues and most of the minor issues have been identified
  • The application of the legal rules and other principles is accurate and comprehensive
  • The application of the legal rules and other principles shows insight (e.g., the candidate demonstrates that s/he can both distinguish cases on their facts and argue by analogy)
  • There is a conclusion that summarises the argument

 

Merit (60 to 64)

An answer in this range will be a substantially correct answer, which meets a good number of the above criteria (including evidencing mastery of the basic principles), but not all of the criteria.

Such lower Merit answers display an acceptable level of competence, as indicated by the following qualities:

  • A generally accurate answer to the question, though with some omissions and errors
  • An answer that is largely based on lecture material and required reading but without much evidence of broader reading
  • Clear presentation
  • Some inadequate development of arguments
  • May contain some material which is not relevant to the question posed
  • Competent written English but may contain some grammatical errors
  • In addition to the above, in this range, lower Merit answers to problem questions will also satisfy the following criteria:
  • Most of the major issues and minor issues have been identified and the application of the legal rules and principles is generally accurate and competent
  • There is a conclusion that summarises the argument