Course Description
Course Aims
The Scottish law of in respect of charities, clubs and associations is an intellectually rewarding and practically useful field of study. The aim of this course is to ensure that potential future practising lawyers can develop a good grounding in a commercially and socially important field of law. In this respect it worth noting that the Third Sector is a growing area of specialism in law firms. In particular, the course will aim to
1. Explore and critically evaluate the key principles of the Scottish law of in respect of charities, clubs and associations;
2. Through the seminar programme in particular, to develop legal research, reasoning, analysis and legal argument skills, and also oral, written and team working skill, and the opportunity to respond constructively to feedback; and
3. By providing students with the above knowledge and skills, to enable them to progress in their studies with greater understanding and confidence.
Main Learning Outcomes
Knowledge and Understanding:
Seminars will cover the following topics:
Charity and charities – the old law. Charities, public trusts, charitable trusts, quasi-trusts. The charity/trust interface;
Charities – the new regime. OSCR. Legal forms. The register;
Case Study – the Scottish Charitable Company;
Oversight and the regulation of charities;
Unincorporated associations generally. The unincorporated association as a non-entity and the importance of the inter-relationship of the members. The rules of the association. Property held for the use of associations.
The report of the Scottish Law Commission on Unincorporated Associations;
Clubs – Constitutions, membership (including equality issues), expulsion (including the jurisdiction of the court);
Community Organisations, focusing on housing and land reform.
Subject Specific Skills and Concepts:
Students will be able to:
1. Differentiate between and use appropriate primary and secondary sources and identify and retrieve up-to-date legal information using paper and electronic sources;
2. Use recognised methods of citation;
3. Use sources to support arguments and conclusions;
4. Recognise, analyse, and rank arguments and evidence in terms of relevance and importance by managing volume of legal sources and select key material to construct written or oral answers to a legal problem;
5. Identify the legal problem from information provided;
6. Address problems by reference to relevant material;
7. Bring together, integrate, compare and synthesise information and materials from a variety of different sources, which explore policy and doctrinal issues;
8. Be able to find in paper form legislative and case law materials in the Law Library;
9. Present arguments for and against propositions;
10. Be aware that arguments require to be supported by evidence, in order to meet legal requirements of proof by showing awareness of the need for evidence to support arguments;
11. Apply knowledge and analysis creatively to complex situations in order to provide arguable solutions to concrete problems by presenting a range of viable options from a set of facts and law;
12. Think critically and make critical judgements on the relative and absolute merits of particular arguments and solutions and make choices as to the most preferable;
13 Communicate orally and in writing (and electronically where appropriate) using English language by creating work in a permanent format that is understandable by the intended audience (through submission of exam answers, essays, samples thereof and participating in tutorial discussion);
14. Communicate in plain English, with legal terminology only as needed; and
15. Display informed knowledge and understanding of the social, economic, moral and ethical contexts in which law operates by demonstrating legal knowledge in association with related policy, underlying social conditions, professional ethical issues and moral issues.
Key Skills (Transferable):
1. Communicate orally and in writing;
2. Ability to work effectively in small groups to contribute to the group’s task;
3. Ability to work independently, to organise and manage time, stress and effort in performance of tasks;
4. Problem solving skills;
5. Critical analysis;
6. Logical argument;
7. An ability to synthesise and organise complex materials and arguments;
8. With limited guidance act independently, and where appropriate as part of team, in planning and undertaking tasks;
9. Conduct formal and informal oral presentations;
10. Make appropriate use of technology in research, writing and oral presentations; and
11. Reflect on own learning and to seek and make use of feedback.
Course Content
Seminars will cover the following topics:
Charity and charities – the old law. Charities, public trusts, charitable trusts, quasi-trusts. The charity/trust interface;
Charities – the new regime. OSCR. Legal forms. The register;
Case Study – the Scottish Charitable Company;
Oversight and the regulation of charities;
Unincorporated associations generally. The unincorporated association as a non-entity and the importance of the inter-relationship of the members. The rules of the association. Property held for the use of associations.
The report of the Scottish Law Commission on Unincorporated Associations;
Clubs – Constitutions, membership (including equality issues), expulsion (including the jurisdiction of the court);
Community Organisations, focusing on housing and land reform.
