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Title: Common Law Reasoning and Institutions [LA1021] Course Level: Four Credit Value: 30 Course Pre-requisites: None
Course Aims
To achieve an overview of the central institutions and processes of the English Legal System and to introduce students to techniques of legal interpretation and legal research.
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Describe the role of judges; in particular the Law Lords and the Supreme Court Explain the basic structures of civil and criminal justice Civil and Criminal Justice Explain the key concepts of Legal Aid Understand the role of due Process and the importance of Article 6 (ECHR) in
Key skills
1. 2. 3. 4. 5. 6. On successful completion of the course students should be able to: Application and problem solving: apply legal principles to a range of specific
Sources and research: identify and retrieve primary and secondary sources of correctly cite and reference source materials outcomes
Common Law based problems and present reasoned arguments and conclusions
Common Law using hard copy and online databases and electronic sources; legal principles to specific sets of facts based in Common Law and deduce likely Analysis, evaluation, critical judgement and synthesis: analyse and apply Autonomy and ability to learn: act independently in planning and managing use of feedback
tasks in areas where they have studied; reflect on their own learning and make Communication and literacy: demonstrate effective written communication skills in assessed work using legal terminology appropriately; demonstrate effective reading of legal sources systems appropriate form; to us the internet and email: to use electronic retrieval IT Skills: produce word processed documents or text and present this in an
resources contained in the Laws VLE which includes rich media, online subject based
Assessment
Formative Assessment is conducted through interactive online activities. Summative assessment is through a three hour unseen examination.
Indicative Reading
Core text Routledge, 2009) Adam Gearey, Wayne Morrison and Rob Jago, The Politics of The Common Law (London:
Supplementary Reading James Holland and Julian Webb, Learning Legal Rules (Oxford: Oxford University Press, 2010) Simon Askey and Ian McLeod, Studying Law (London: Palgrave MacMillan, 2011)
Syllabus
(a) The nature of the common law tradition (b) Sources of law and principles of legal research (c) Conduct of legal research and retrieval of legal information, with particular reference to the use of the London online library and web based resources (d) The role and operation of courts (e) Judicial reasoning in relation to (i) cases, and (ii) statutes (f) The judiciary and magistracy (g) The criminal justice process (in outline) and the role of rights in the process with particular attention to the jury and the impact of the Human Rights Act. (h) The civil justice process (in outline) with particular attention to reform (i) Legal services and access to justice with particular attention to the legal profession and legal aid. A student is required to use the online library, complete the online legal research exercises, and write a short research essay on one of the approved titles for the academic year in which they sit the examination. The approved essay titles will be placed on the VLE. The research essay must be submitted electronically via the VLE by 1 May in the academic year in which the course is being taken. The assessment of this course by an unseen written paper will consist of two parts, with the first part (Part A) being a compulsory question on legal research. A student must pay close attention to the relevant chapters in the subject guide, study pack and the learning objectives therein. The compulsory question may contain short questions based on the exercises on legal research, citation of legal information, and library use as well as more substantial questions on the research essay that a student is required to complete.