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English Legal System and Methods

  • Module code: LL4301
  • Year: 2018/9
  • Level: 4
  • Credits: 30
  • Pre-requisites: None
  • Co-requisites: None

Summary

This first-year module provides the incoming student with sufficient understanding of the English legal system (ELS) - courts, procedure and sources of law - in order to make sense of their legal studies. It also provides a toolkit of legal method, meaning skills for legal research and writing in their other academic legal studies and in legal practice. Many of these skills, such as research, report organisation and effective writing, are also transferable employability skills. 

Aims

  • To enable students to understand the sources of law, procedure, the court and tribunal structure, and legal services, in order to facilitate their understanding of the remainder of their academic legal studies.
  • To impart legal research and writing skills.

Learning outcomes

On successful completion of the module, students will be able to:

  • Understand and be able to make some relevant evaluative comments on the basic components of the English legal system.
  • Demonstrate legal and transferable research and writing skills using printed and electronic sources of law, legal commentary and related materials.

Curriculum content

  • Sources of law, the court structure, alternatives to the courts, procedure, the legal profession and legal services.
  • Statutory interpretation, case analysis, library research skills using hard copy and electronic resources including the legal databases, Westlaw and Lexis, citations, presentation, report writing.

Teaching and learning strategy

During most of the teaching weeks, there will be one one-hour feedback/feedforward session and one two-hour workshop. The aim of the feedback/feedforward session is to introduce each topic, after which students are expected to consolidate their knowledge with directed reading and by preparing answers to set questions for discussion in the workshops. The workshop will be used flexibly, for such things as discussing pre-prepared problem and essay questions, other problem-based exercises, mini-tests, preparing the portfolio components and similar material, and for training in using legal resources.

Due to the experiential nature of the learning on this degree, and the importance of professional development enabling students to develop practical skills, learn from and interact with others, attendance is compulsory. Any students not attending a minimum of 80% of their timetabled sessions will be at risk of academic failure or termination from the course.

Breakdown of Teaching and Learning Hours

Definitive UNISTATS Category Indicative Description Hours
Scheduled learning and teaching 44 hours of workshops 22 hours of feedback/feed forward sessIons 66
Guided independent study 234
Total (number of credits x 10) 300

Assessment strategy

Summative assessment consists in an electronic portfolio of written work evidencing knowledge and understanding of the relevant topics, legal and transferable research and writing skill. The portfolio might include different elements, such  as Westlaw and Lexis certificates, a brief piece of legal drafting, case and/or statute analysis, essay questions, problem solving exercises based on hypothetical scenarios presenting legal problems,reflections on formative work, a reflective piece of work based on the formative court report, and/or reports or scripts elaborated during in-class exercises.

Formative assessment comprises in-class exercises such as case/problem-solving, case/statute analysis, reading/research/writing exercises, and possibly acourt report requiring organisational and observational skills, and providing for personal feedback on the use of English, report writing and comprehension. Where appropriate, students may be directed to remedial resources, such as English language tuition, or the skills help-desk.

Students will also have the benefit of generic feedback from current and previous years' assessments on Canvas and from immediate feedback on preparation for seminars.

Mapping of Learning Outcomes to Assessment Strategy (Indicative)

Learning Outcome Assessment Strategy
1) Understand and be able to make some relevant evaluative comments on the basic components of the ELS. Summative: portfolio. Formative: in-class exercises and the court report test and provide feedback on knowledge and comprehension of relevant topics,, legal research, report writing, legal writing, understanding and developing an argument, referencing, presentation skills and the use of English.
2) Demonstrate legal and transferable research and writing skills in printed and electronic sources of law, legal commentary and related materials. Summative: portfolio. Formative: in-class exercises and feedback.

Elements of Assessment

Description of Assessment Definitive UNISTATS Categories Percentage
CWK Portfolio 100
Total (to equal 100%) 100%

Achieving a pass

It IS NOT a requirement that any major assessment category is passed separately in order to achieve an overall pass for the module.

Bibliography core texts

P Darbyshire, Darbyshire on the English Legal  System (latest edition, Sweet&Maxwell)

 A Gillespie, The English Legal System (latest edition, Oxford University Press)

M Partington, Introduction to the English Legal System 2015-2016 (Oxford University Press, 2015)

J Holland and J Webb, Learning Legal Rules (8th edition, Oxford University Press 2013)

Bibliography recommended reading

N McBride, Letters to a Law Student (3rd edition, Pearson 2014), see especially parts 3 and 4. The second edition is available as an e-book

A Bradney and others, How to Study Law (7th edition, Sweet & Maxwell 2014), especially chapter 9, 'Studying at University', available on Canvas, digitised

F Cownie, A Bradney and M Burton, English Legal System in Context (6th edition, Oxford University Press, 2013)

J Knowles, Effective Legal Research (3rd edition, Sweet & Maxwell 2012), especially chapter 2, 'Using online sources of law', on Canvas, digitised

E Higgins and L Tatham, Successful Legal Writing (2nd edition, Sweet & Maxwell 2011), especially chapter 8, 'Writing in good English', on Canvas, digitised

E Finch and S Fafinski, Legal Skills (4th edition, Oxford University Press 2013), especially chapter 16, 'Revision and examination skills', on Canvas, digitised, and chapter 15, 'Answering problem questions'

C Stychin and L Mulcahy, Legal Methods and Systems: Text and Materials (4th edition, Sweet & Maxwell 2010), especially chapter 8, 'Judge-made law: an introduction to common law reasoning', on Canvas, digitised.

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