LAW4002 - The English Legal System

Objectives:

On successful completion of the module, students will be able to:
Demonstrate knowledge and understanding of the operation and fundamental principles of the legal system of England and Wales, main legal institutions (including the main legal professions), sources of law, rules of interpretation, legal services and the funding of legal services.
Demonstrate knowledge and understanding of the legal concepts, values, principles and rules, and their inter-relationship, relevant to the English legal system and its operation and administration within relevant contexts.
Apply acquired knowledge to problems and substantive issues concerning the English legal system; commenting critically evaluate the operation of the rule of law within society.
Communicate knowledge and arguments in written form appropriate for the purpose and audience using proficient English and correct legal terminology.

Content:

This module provides a general introduction to the operation and fundamental principles of the legal system of England and Wales, enabling students to acquire a basic knowledge of:

1. The main legal institutions (including the main legal professions)
2. Sources of law:
- Legislation
- Case law
- European context
3. The criminal and civil justice systems
4. Rules of interpretation
5. Legal services and the funding of legal services.

The content remit is that specified by the SRA and BSB for QLDs.

The module also enables students to develop awareness of the issues surrounding the rule of law, practical and ethical implications, and to evaluate its operation within society, and to appreciate the social, economic and political contexts and underlying policy issues relating to the operation of the legal system, and their impact.

The module covers the Knowledge requirements and some Constitutional Law elements of the Public Law Foundation of Legal Knowledge under the Joint Statement, which is required by the SRA and BSB for a QLD, and the SRA Statement of Legal Knowledge for, "12. Legal system of England and Wales".

Learning and Teaching Information:

In a mixture of seminars and workshops the structure of the British legal system, and its wider regulatory context, will be outlined and its operations will be illustrated through analysis of case studies selected to cover all the key institutions and functions and their interrelations. Specific case studies will be drawn from recent/current news stories and therefore the specific materials will change each year.

In the first semester, students will reflect upon a range of case studies that illustrate the operation and interconnection between the key institutions that comprise the English Legal System. As noted above, case studies will involve standard cases to illustrate typical operations, and also complex and challenging cases to flag up tensions and fault-lines within the system.

In the second semester, students will reflect on the wider implications of the legal system. Its operations and principles will be linked to various forms of critical challenge - from general public commentary, funding limitations to legal aid (access to justice), to academic critique and comparative analysis.

Lectures/seminars/tutorials
Hours: 40
Intended Group Size: Cohort

Guided independent study
Hours: 160

Further details relating to assessment
Essay: The essay will test the ability to relate specific cases or incidents to the appropriate institution and process and to explain and justify the relation of that institution or processes to the hierarchy of courts and jurisdictions. Guidance and formative feedback will be provided and will help students comprehend the complexities of these cases.

Report: This assessment should analyse the need for change and propose (recommend and justify) corresponding changes to the existing English Legal System.

Formative assessment will be applied to individual skills, such as: critical judgement; case study notes; written and verbal presentations, and basic research tasks. It will not take the form of marking short essays or reading draft reports.

Assessment:

001 Directed activities; throughout semester 1 & 2 10%
002 Essay; 2,000 words; end of semester 1 45%
003 Report; 2,000 words; end of semester 2 45%

Fact File

Module Coordinator - Frank Dignan
Level - 4
Credit Value - 20
Pre-Requisites - NONE
Semester(s) Offered - 4YL

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