LAW

Credit Points

15

Course Coordinator

Mr J Chalmers

Pre-requisites

None

Overview

Source of Scottish Criminal Law. The anatomy of a criminal offence. Offences against the person. Sexual offences. Offences against property interests. Inchoate offences. Art and part guilt. General defences to crime.
3 lectures per week and a programme of 4 one-hour tutorials.
1 two-hour examination (100%).

Credit Points

15

Course Coordinator

Professor F Lyall

Pre-requisites

None

Overview

This is an introductory course in International Law. The course will provide students with a working knowledge of the international legal system, particularly the sources of international law, the subjects of international law and the relation of international and domestic law. In addition, certain aspects of international law will be reviewed including the law of the sea.
3 one-hour lectures per week and a programme of one-hour tutorials.
1 two-hour examination (100%).

Credit Points

15

Course Coordinator

Mr D Lessels

Pre-requisites

Available only to candidates for the degree of LLB and MA Legal Studies students.

Overview

The course considers key aspects of the Scottish Legal System: the organisation and composition of the civil and criminal courts, the formal sources of Scots law and their relative authority; the significance of the Scotland Act 1998 and the Human Rights Act 1998; statutory interpretation; judicial precedent; an outline of the structure and functioning of the European legal order; an outline of Scottish civil court procedure; the legal profession; and the use of Current Law as a research tool.
3 lectures per week and 5 fortnightly tutorials.
1 two-hour examination (100%). (There are also 3 short written exercises and a practice exam).

Credit Points

15

Course Coordinator

Mr M Radford

Pre-requisites

None

Overview

Public law may be described as that part of the law which constitutes and regulates the basic structure of the state. This course examines the fundamental concepts and doctrines of Public Law, followed by an examination of the operation of those concepts and doctrines in the UK constitutional system and its component institutions.
Topics studied are: constitutions and constitutionalism; constitutional authority; EC law and the UK constitution; parliamentary sovereignty; the rule of law; the separation of powers; Parliament; the executive; the nature and functions of administrative law; judicial and other forms of control of administrative action.
3 one-hour lectures per week and 4 one-hour tutorials during the session
1 two-hour examination (100%).

Credit Points

15

Course Coordinator

Professor R Evans-Jones

Pre-requisites

None

Overview

An introduction to the substance system and method of Private Law working from the Foundations of the Civil Law. Emphasis is on the Law of Property and Obligations but some consideration is also given to the Law of Persons and Succession. Historical foundations are studied through to modern conceptions. Some time is devoted to the later history of Roman Law in Europe and the position of Scots Law in the European legal tradition.
3 one-hour lectures and fortnightly 1 one-hour tutorials.
1 two-hour examination (100%). There is also a practice examination.

Credit Points

15

Course Coordinator

To be arranged

Pre-requisites

None

Overview

The course deals with the Scots law of contract. Topics covered are: the concept of contractual obligation; formation of contracts; contract formalities; capacity to contract; the effect of fraud; error and misrepresentation; types of contract term; construction of contracts; statutory control of contract terms; title to sue; problems in performance; breach of contract; extinction of contractual obligations.
Recommended book: S Woolman, Introduction to the Scots Law of Contract (Green).
3 lectures per week and 3 tutorials.
1 two-hour examination (75%) and continuous assessment (25%).

Credit Points

15

Course Coordinator

Dr H Lardy

Pre-requisites

None

Notes

This course is compulsory for LLB students; it is available as an option to non-law students.

Overview

This course aims to introduce students to the law governing the protection of civil liberties and human rights in Scotland. The course provides an overview of methods of protecting rights and liberties (international and domestic) with emphasis on the Human Rights Act 1998. It considers in detail aspects of the protection of selected rights, including freedom of assembly, freedom of expression, freedom of information, the right to privacy and freedom from discrimination.
3 one-hour lectures per week and a programme of one-hour tutorials during the course.
1 two-hour examination (80%) and continuous assessment (20%).

Credit Points

15

Course Coordinator

Mr S Eastham and Professor R Evans-Jones

Pre-requisites

LS 1011

Overview

This course aims to promote independent learning and the development of legal research and writing skills and associated transferable skills through the carrying out of a group project on a legal topic. The first part of the course is taught by the Computing Science Department and gives students a knowledge of and practical skills in word processing, spread sheets, using the World Wide Web and e-mail. The second part of the course is delivered by the School of Law. Students do a research project on a legal topic, working in small groups. They produce a group report, and make an oral presentation of the report’s findings. Each student also writes an individual report. Instruction on research methods and writing is given by Law staff and librarians.
Law: 8 one-hour lectures on group work, oral presentations, legal research and writing.
Computing Science: 2 lectures and 3 tutorials at 1 hour per week for 6 weeks.
2 practical tests taken under exam conditions (30%); group project (30%); individual report (30%) and group oral presentation (10%).

Credit Points

15

Course Coordinator

Dr P McEleavy

Pre-requisites

LS 1011

Overview

The aim of this course is to provide an introduction to the nature of French law and in addition to prepare students for a year of study at a French or Belgian Law school. The course will focus on the structure of the French legal system and will also look at key aspects of constitutional law. Class work will involve the consideration of French legal texts.

One 2 hour seminar every week.
1 two-hour examination (75%) and an assessed essay (25%).

Credit Points

15

Course Coordinator

Ms S Arnell

Pre-requisites

None

Overview

This course involves consideration of the circumstances in which a person who suffers loss, injury or damage to his person, property or reputation as a result of wrongful conduct on the part of another, is entitled to redress. Particular attention will be given to the following topics: liability for negligent conduct; vicarious liability; occupiers’ liability; professional negligence; the problems presented by economic loss and nervous shock; breach of statutory duty; defamation; assessment of damages. The course also covers aspects of the law on unjustified enrichment.
Recommended book: Thomson, Delictual Liability or Stewart, Delict (Third Edition).
5 lectures per fortnight and 1 tutorial per fortnight.
1 two-hour examination (100%).

Credit Points

15

Course Coordinator

Professor D L Carey Miller

Pre-requisites

Available only to students in Programme Year 2 or above, graduates on the two year degree, except with the permission of the Head of School.

Overview

The course provides an introduction to a representative selection of the main theories which seek to explain the nature and philosophy of law and particular legal notions or concepts; the course will also seek to demonstrate how legal theory can be applied to actual legal problems.
5 one-hour lectures per fortnight and one tutorial per fortnight.
1 two-hour examination (80%) and continuous assessment (20%).

Credit Points

10

Course Coordinator

Professor C van der Merwe

Pre-requisites

Only open to LLB students. Available only to students in Programme Year 2 or above, graduates on the two year degree, except with the permission of the Head of School.

Overview

This course covers the basic framework of the law of heritable and movable property in Scots law. In particular, it analyses the meaning of property, the main consequences of the distinction between heritable and movable property, the fundamental distinction between real and personal rights, the distinction between real right of ownership and the more factual condition of possession, the nature, content and limitations on ownership (including limitations imposed by neighbour law), the most important original and derivative modes of acquisition of ownership (including registration of heritable property), the basic characteristics of co-ownership and the law of the tenement, and real security rights.
2 one-hour lectures per week (24 lectures in total) plus 2 one-hour tutorials, one of which requires a group presentation.
1 two-hour written examination (100%). There is also an essay, which does not count towards the overall degree mark.

Credit Points

10

Course Coordinator

Ms C Lyons

Pre-requisites

LS 1011 for LLB*.

Notes

*There is no course pre-requisite for MA students on the MA (Legal Studies) Degree or the MA in European Studies Degree.

Overview

History, origins and development of the European Community/Union, examination of the treaties which form the framework of the EC/EU, the political institutions of the EC, sources of law and law making processes, fundamental principles and relationship between national law and EC law and the jurisdiction of the European Court of Justice.
2 one-hour lectures per week and a programme of fortnightly tutorials.
1 two-hour written examination (75%) and essay (25%).

Credit Points

15

Course Coordinator

Professor A D M Forte

Pre-requisites

The course is only available to LLB students who have passed LS 1011 and LS 1509. Available only to students in Programme Year 2 or above, graduates on the two year degree, except with the permission of the Head of School.

Overview

The course considers the principles of Scots Commercial Law. Topics covered are: sale and supply of goods and services; consumer credit transactions; carriage of goods; insurance; commercial paper; rights in security (including cautionary obligations); and diligence (debt enforcement and recovery).
2/3 lectures per week (not exceeding 30 in total); fortnightly tutorials.
1 two-hour written examination (80%) and 1 objective learning test (20%).

Credit Points

5

Course Coordinator

Mr J Chalmers

Pre-requisites

Only available to students in Programme Year 2 or above.

Notes

Only open to students for the degree of LLB or the MA in Legal Studies. Students may only register for this course with the advance permission of the Course Co-ordinator.

Overview

Students who represent the School of Law in competitive inter-university mooting competitions may register for this course in order to receive credit for the research and presentation work involved. This course will require students to present their arguments in written skeleton form and orally prior to the competition in order to receive credit for this work. Assessment will be based on this preparatory work and not success or failure in the competition itself.
Informal preparation sessions with course co-ordinator and self-directed learning.
Submission of written skeleton arguments (30%) and presentation of arguments orally (70%).

Credit Points

5

Course Coordinator

Mr J Chalmers

Pre-requisites

LS 2014 / LS 2514

Notes

Only open to students for the degree of LLB or the MA in Legal Studies. Students may only register for this course with the advance permission of the Course Co-ordinator.

Overview

Students who represent the School of Law in competitive inter-university mooting competitions may register for this course in order to receive credit for the research and presentation work involved. This course will require students to present their arguments in written skeleton form and orally prior to the competition in order to receive credit for this work. Assessment will be based on this preparatory work and not success or failure in the competition itself.
Informal preparation sessions with course co-ordinator and self-directed learning.
Submission of written skeleton arguments (30%) and presentation of arguments orally (70%).

Credit Points

5

Course Coordinator

Ms A Fiorini

Pre-requisites

Only available to students in Programme Year 2 including LS 1011.

Notes

The course is an option for the degree of LLB and will be compulsory for the degree of LLB and European Studies.

Overview

The course will introduce students to the core characteristics of the continental legal traditions and explore their evolution from a historical perspective. Special consideration will be given to: The Development of the Civil Law Tradition, The Romanistic, Germanic, and Nordic Legal Families, with particular emphasis on Sources of Law, Divisions of Law (including material classifications of law and formal and material hierarchy), Court systems (including conflicts within the systems), Legal officers.
1 one-hour lecture each week.
1 one-hour written exam (70%) and one essay (30%).

Credit Points

30

Course Coordinator

Ms J Pearson

Pre-requisites

This course will be available only to students in Programme Year 2 and above.

Overview

This course is designed to provide non-LLB students with an understanding of legal transactions in the business world and the different legal forms of business organisations. Topics covered include the legal system and regulatory framework, the law of contract (including sale of goods), delict, trusts, intellectual property, agency, partnership, company law and insolvency.
4 one-hour lectures per week and 1 one-hour fortnightly tutorial.
1 two-hour written examination (80%) and one piece of written work (1000 words) (20%).

Credit Points

15

Course Coordinator

Mrs M Ross

Pre-requisites

LS 1011 and LS 1509

Notes

This course will not run if less than six students register.

Overview

The history and development of alternative/consensual methods of dispute resolution will be examined. Against that historical background (and a basic knowledge of the Scottish Legal System) the course will cover: effective methods of communication as a basis for dispute resolution; theories, strategies and procedures of negotiation, mediation and arbitration; the role of lawyers in alternative dispute resolution; regulating alternative dispute resolution.
1 two-hour seminar per week.
1 written examination paper - take home paper approximately 48 hours between issue and submission (40%), assessed role play (60%).

Credit Points

15

Course Coordinator

Mr D Lessels

Pre-requisites

LS 1011. Available only to students in Programme Year 2 or above, graduates on the two year degree, except with the permission of the Head of School.

Overview

The course involves a consideration of the following topics: the nature and legal definition of marriage, constitution of marriage, regular and irregular marriages, nullity of marriage, the grounds for divorce and judicial separation, jurisdiction aspects of family law, financial provision on divorce, dissolution of marriage on ground of presumed death, legal aspects of the parent and child relationship, child protection, adoption, and cohabitation.
Recommended book: Green, Family Law Statutes.
3 lectures per week for the first 6 weeks, 2 per week thereafter and 1 tutorial per fortnight; Mon, Tue at 9.
There will be 1 essay (which does not count towards the final degree mark).
1 two-hour examination (100%).

Credit Points

10

Course Coordinator

Dr A Campbell

Pre-requisites

LS 1011

Overview

This course concerns the substantive law of the EC It includes coverage of the free movement of goods; the free movement of workers; freedom to provide services; freedom of establishment; the free movement of capital; competition law; equal treatment.
Recommended Books: Weatherill & Beaumont, EU Law (3rd edition); Craig & de Burca, EC Law (2nd edition), Steiner, EU/EC Law.

2 one-hour lectures per week and a programme of one-hour tutorials.
1 two-hour examination (100%).

Credit Points

15

Course Coordinator

Dr P McEleavy

Pre-requisites

LS 1011. Available only to students in Programme Year 2 or above, graduates on the two year degree, except with the permission of the Head of School.

Overview

The aim of this course is to provide an overview of the core concerns of contemporary private international law, namely jurisdiction, choice of law, the recognition and enforcement of judgements and international co-operation. The course will consider how these concepts operation in relation to contract, delict, divorce, custody and child abduction.
2/3 lectures per week (up to a maximum of 30) and 1 tutorial per fortnight.
1 two-hour examination (100%).

Credit Points

10

Course Coordinator

Professor R Paisley

Pre-requisites

LS 1011. Available only to students in Programme Year 2 or above, or graduates on the two year degree, except with the permission of the Head of School.

Overview

The course will examine the function and establishment of trusts, the right of beneficiaries and the powers and duties of trustees. The nature of the various forms of trusts will be investigated and the manner of their constitution analysed. The course will include study of both testate and intestate succession and general principles of the law of succession. Rights and duties of executors and the necessity of confirmation will be examined. The course will include an overview of limitations on testamentary freedom, techniques of construction of wills and the competence of will substitutes.
2 lectures per week and 2 tutorials per term.
1 two-hour examination (80%) and an essay (20%).

Credit Points

15

Course Coordinator

Ms J Pearson

Pre-requisites

LS 1011. Available only to students in Programme Year 2 or above, graduates on the two year degree, except with the permission of the Head of School.

Overview

This course provides an introduction to several important areas of law relating to commercial organisations, namely the law of agency, the law relating to partnerships and companies and the law of insolvency.
2/3 one-hour lectures per week, and I one-hour fortnightly tutorial.
1 two-hour written examination (75%) and one piece of written work (1000 words) (25%).

Credit Points

5

Course Coordinator

Mrs M Ross

Pre-requisites

LS 1511. Available only to students in Programme Year 2 or above, graduates on the two year degree, except with the permission of the Head of School.

Overview

Introduction to the skills of legal argumentation and debate (max. 4 lectures/workshops); group preparation of moot problem; submission of written arguments for assessment (30%); oral delivery of legal arguments responding to judge’s questions and opposing arguments (70%).


4 one-hour lectures/workshops in weeks 1-4. Student led group meetings (3 x 1 hour).
1 written submission of legal arguments (2000 words) – 30%; 1 moot – oral argument as junior or senior counsel for a party – 70%*.
*a sample of moots will be videotaped for scrutiny by the external examiner.

Credit Points

15

Course Coordinator

Dr E Metzger

Pre-requisites

LS 1509

Overview

The course provides an introduction to German law for students without prior knowledge of the subject. The course will cover German legal history, legal institutions and sources of law, the legal profession, and one or more topics in substantive law. Knowledge of German is not necessary.
2 one-hour seminars per week.
1 two-hour examination (75%) and continuous assessment - short projects (25%).

Credit Points

5

Course Coordinator

To be arranged

Pre-requisites

Available only to Students in Programme Year 2 including LS 1509.

Overview

This course provides an introduction to Spanish law for students without prior knowledge of the subject. The course covers Spanish legal history, sources and institutions, and one or more substantive topics. Knowledge of Spanish is desireable but not necessary.
Three two-hour seminars over the half-session.
One essay (100%).

Credit Points

20

Course Coordinator

Mrs M Ross

Pre-requisites

LS 1011. Available only to students in Programme Year 3 or above or graduates on the two year degree, except with the permission of the Head of School.

Overview

This course provides a basic introduction to the Law of Evidence in Scotland. It covers sufficiency of evidence, categorisation of evidence, hearsay, relevancy, competency, conduct of inquiry, judicial knowledge, judicial admissions, confessions, standard and onus of proof and presumptions.
3 lectures per week and 1 tutorial per fortnight.
1 two-hour examination (100%).

Credit Points

20

Course Coordinator

Professor R Paisley

Pre-requisites

LS 1011. Available only to students in Programme Year 3 or above or graduates on the two year degree, except with the permission of the Head of School.

Overview

The course demonstrates how conveyancing relates to general property law. It will concentrate on heritable conveyancing and in particular will demonstrate how to create, transfer, create securities over and discharge interests in heritable property. Topics studied will include forms of deeds and an examination of their various clauses, and standard securities.
4 lectures per week and 4 tutorials during course.
1 two-hour examination (100%).

Credit Points

10

Course Coordinator

Ms S Arnell

Pre-requisites

Available only to LLB Students in Programme Year 3 or above or graduates on the two year degree who have passed LS 1011, LS 1503, LS 1509, except with the permission of the Head of School.

Notes

Available only to candidates registered for the LLB Degree.

Overview

This course provides an introduction to key areas of employment law, namely the institutions of employment law, the contract of employment, individual employment legislation, and trade union and industrial relations legislation.
3 one-hour lectures per week in weeks 1 to 6 and tutorials fortnightly, lasting an hour.
1 two-hour written examination (75%) and one essay (25%).

Credit Points

20

Course Coordinator

Mr W J Craig

Pre-requisites

LS 1011. Available only to students in Programme Year 3 or above or graduates on the two year degree, except with the permission of the Head of School.

Overview

The course provides an introduction to the current UK tax regime in the context of the EU and its laws. Topics covered include the theory of taxation; and the general principles of Income Tax, Capital Gains Tax, Corporation Tax, Inheritance Tax, and VAT. Each tax is examined with reference to the statutory framework for its operation, its interaction with other aspects of fiscal and general law, and the relationship, where appropriate, with individuals, partnerships, companies and trusts. Sources of law examined include statutory materials and cases. Specialist topics such as devolution and E-commerce are considered in a tax context.
3 one-hour lectures per week, plus 4 tutorials.
1 two-hour examination (100%).

Credit Points

25

Course Coordinator

Dr A Campbell

Pre-requisites

Available only to Junior and Senior Honours candidates for LLB with Honours who have passed LS 1012.

Notes

This course is also available to candidates for the MA in Legal Studies as a 30 credit course (LX 4021). This variation of the course will require an additional element of assessment.

Overview

The course looks at particular topics in American Constitutional Law, such as prior restraint of publication, abortion, racial segregation, and the death penalty.
1 ninety minute seminar per fornight.
1 three-hour examination (100%).

Credit Points

25

Course Coordinator

Professor P Duff

Pre-requisites

Available only to Junior and Senior Honours candidates for LLB with Honours.

Notes

This course is also available to candidates for the MA in Legal Studies as a 30 credit course (LX 4023). This variation of the course will require an additional element of assessment.

Overview

The course will cover the major theories which have attempted to explain criminal behaviour. The approach is primarily sociological rather than legal. In particular, the topics examined will include: the history of criminology; criminal statistics; anomie theory; differential association; interactionism and labelling theory; the ‘new’ criminology; and the collapse of the rehabilitative ideal.
1 one-hour lecture per week, 1 one-hour seminar per fortnight.
1 three-hour examination (100%).

Credit Points

25

Course Coordinator

Professor D L Carey Miller

Pre-requisites

Available only to Junior and Senior Honours candidates for LLB with Honours.

Notes

This course is also available to candidates for the MA in Legal Studies as a 30 credit course (LX 4025).

Overview

Candidates must have their dissertation topic approved by 30 April of their Junior Honours session and shall submit their dissertation by the first day of the summer term.
Dissertation (100%).

Credit Points

25

Course Coordinator

Professor P Beaumont

Pre-requisites

LS 2011. Available only to Junior and Senior Honours candidates for LLB with Honours.

Notes

This course is also available to candidates for the MA in European Studies or Legal Studies as a 6 credit course (LX 4026). This variation of the course will require an additional element of assessment.

Overview

The course considers the work of the European Court of Justice including its role as a law maker; general principles of Community law including fundamental human rights; impact of Community directives on national law; judicial review of Community legislation; preliminary rulings; and the role of the European Parliament
1 two-hour seminar per fortnight.
1 three-hour examination (100%).

Credit Points

25

Course Coordinator

To be arranged

Pre-requisites

Available only to Junior and Senior Honours candidates for LLB with Honours.

Notes

This course is also available to candidates the for MA in Legal Studies as a 30 credit course (LX 4027). This variation of the course will require an additional element of assessment.

Overview

The course examines the law and regulatory framework governing the provision of financial services. Topics will be drawn from the following list:
The nature and purpose of financial instruments; prudential supervision of financial institutions; structure and objectives of the Financial Services and Markets Act 2000; conduct of business rules; the operation of financial markets; giving investment advice; restrictions on dealings in securities; enforcement; compensation schemes.
1 two-hour lecture/seminar per week.
1 three-hour examination (100%).

Credit Points

25

Course Coordinator

Professor D L Carey Miller

Pre-requisites

LS 1011. Available only to Junior and Senior Honours candidates for LLB with Honours.

Overview

The course examines accession; specification; derivative acquisition at common law and under The Sale of Goods Act; the protection of the right of ownership; the protection of the bona fide possessor; security and reservation of title.
8 two-hour seminars.
1 three-hour examination (100%).

Credit Points

25

Course Coordinator

Professor F Lyall

Pre-requisites

Available to Junior and Senior Honours candidates for LLB with Honours.

Notes

This course is also available to candidates for the MA in Legal Studies as a 30 credit course (LX4534). This variation of the course will require extra element of assessment.

Overview

Consideration of sources, the air/space boundary question, the UN treaties and declarations on space matters, remote sensing, direct broadcasting, telecommunications, radio spectrum use.
1 two-hour seminar per week.
1 three-hour examination (100%).

Credit Points

25

Course Coordinator

Professor R Paisley

Pre-requisites

LS 1011 and LS 2008. Available only to Junior and Senior Honours candidates for LLB with Honours.

Overview

1) The justification for inheritance. 2) Problems of proof of death and survivorship. 3) Obsolete wills and the extent to which they should be revoked by marriage, birth of a child or divorce. 4) Restrictions on testamentary freedom. 5) Mental capacity of testators.
1 two-hour seminar per week.
1 three-hour examination (100%).

Credit Points

25

Course Coordinator

Professor R Evans-Jones

Pre-requisites

Available only to Junior and Senior Honours candidates for LLB with Honours. Not offered in 2003/04.

Overview

The course concerns the operation of the law of unjustified enrichment in Scotland. Some consideration will be given to comparative law. Consideration will also be given to the structure of the law, the operation of individual claims, the measure of recovery, defences and policy issues. The position of Scottish law as a mixed jurisdiction will be highlighted.
7 two-hour seminars 1 per fortnight.
1 three-hour examination (75%) and continuous assessment - 1 essay (25%).

Credit Points

25

Course Coordinator

Mr M Radford

Pre-requisites

LS 1012. Available only to Junior and Senior Honours candidates for LLB with Honours.

Notes

This course is also available to candidates for the MA in Legal Studies as a 30 credit course (LX 4033). This variation of the course will require an additional element of assessment.

Overview

Some of the legal issues arising from the way in which the country is governed will be studied, looking at the structure of government, the relationship between various elements in our governmental structures, the handling of individual cases and the means of recourse for aggrieved citizens.
1 two-hour seminar per week.
1 three-hour examination (70%) and continuous assessment: 1 essay (30%), the essay to be submitted by 1 December.

Credit Points

25

Course Coordinator

Mr T Hays

Pre-requisites

LS 2009. Available only to Junior and Senior Honours candidates for LLB with Honours.

Overview

The course will examine critically most of the following topics: copyright in computer software; protection of computer databases; moral rights in copyright law; topical aspects of trade mark law; passing off; character merchandising; employees’ inventions; patenting biotechnology.
1 two-hour seminar per fortnight.
1 three-hour examination (66.6%) and continuous assessment - 1 essay, maximum length 4,000 words (33.3%).

Credit Points

25

Course Coordinator

Professor C Gane

Pre-requisites

LS 1009. Available only to Junior and Senior Honours candidates for LLB with Honours.

Notes

This course is also available to candidates for the MA in Legal Studies as a 30 credit course (LX 4035). This variation of the course will require an additional element or assessment.

Overview

This course considers selected aspects of criminal law, concentrating on general principles of criminal responsibility. While this course builds upon the knowledge acquired in LS 1009 the course adopts a more theoretical perspective to the topics considered, in line with the advanced nature of honours study. Comparative material from a variety of jurisdictions will be considered, in addition to the relevant Scottish texts.
1 two-hour seminar per fortnight.
1 two-hour examination (66.6%) and continuous assessment: 1 essay (33.3%).

Credit Points

25

Course Coordinator

Dr A M Godfrey

Pre-requisites

Available only to Junior and Senior Honours candidates for LLB with Honours or History degrees.

Notes

This course is also available to candidates for MA Honours in History as a 30 credit course (LX 4037). This variation of the course will require an additional element of assessment.

Overview

This course provides a historical perspective on the development of Scots law from its medieval origins. It will involve consideration of Celtic, the growth of a distinctive Scottish common law in the medieval period and the influence of the English common law, the development of legal institutions such as Parliament, local and central law courts, the influence of Roman Law, Canon Law, and the Lex Mercatoria, Renaissance humanism and the development of legal thought and institutional writing in the seventeenth and eighteenth centuries, legal education and the growth of a native legal profession. Not all aspects will be covered in any one session.
1 weekly two-hour seminar.
1 three-hour examination (100%) and completion of a number of essays during the semester.

Credit Points

25

Course Coordinator

Mr M Radford

Pre-requisites

Available only to Junior and Senior Honours students for LLB with Honours and MA Legal Studies Junior and Senior Honours students.

Overview

This course examines the way in which the law regulates the treatment of animals in Britain. Topics covered include: historical development; the legal status of animals and the continuing need of regulation; the legal and political framework, including the impact of the WTO and EC Law; the legal meaning of animal cruelty; the scientific concept of animal welfare; legislation relating to animals in specific contexts; enforcement, consideration is also given to relevant political, scientific, ethical and commercial issues which influence the substantive law.

1 two-hour seminar per week.
1 three-hour examination (75%) and 1 essay (25%).

Credit Points

25

Course Coordinator

Professor R Evans-Jones

Pre-requisites

Available only to Honours LLB students. Not offered in 2003/04.

Overview

The course will examine the European legal tradition in Private Law from historical, substantive and analytical perspectives. Specific consideration will be given to the differences and contributions of the common law and civilian law systems to the development and structures of private law and evaluation will be made of mixed legal systems and of their importance.
7 two-hour seminars and 2 one-hour lectures.
1 three-hour written examination (75%) and continuous assessment (25%).

Credit Points

25

Course Coordinator

Ms A Arnell

Pre-requisites

Available only to candidates for LLB with Honours.

Overview

This course provides an overview of employment law and its institutions, and thereafter an in depth examination of several important areas from a selection of the following:

• The contract of employment


• Unfair dismissal


• Vicarious liability of the employer


• Redundancy


• Transfer of undertakings


• Discrimination


• The work/family balance


• Trade unions and industrial action


• Health and Safety


• Employees' privacy

3 one-hour lectures per week for weeks 1 to 6 and 5 two-hour seminars fortnightly.
1 two-hour examination (66.6%) and one essay (33.3%).

Credit Points

25

Course Coordinator

Dr T E Hays

Pre-requisites

Open to Honours LLB students only.

Overview

The course will cover the United Kingdom and European Union laws of patents and trade marks. The general division of both fields of law is into their procedural and substantive aspects. Procedural aspects include trade mark and patent searches using electronic data bases, trade-mark registration applications, and patent specification drafting and prosecution, administrative procedure before the United Kingdom Patent Office and the European Patent Office, opposition procedure, and administrative appeal procedure. The substantive law aspects of the course include prior use of trade marks and actions for passing off, exhaustion, patentability, priority, infringement, licensing, assignments, and the European competition laws.

12 hours of tutorials.

Written examination (50%) and continuous assessment (50%): six practical exercises.

Credit Points

25

Course Coordinator

Dr K. Last

Pre-requisites

Available only to Junior and Senior Honours candidates for the LLB with Honours.

Overview

This course examines the law and policy relating to issues of protection and ownership of art and antiquities. The course contenet will take account of current issues and the following topics will be dealt with in particular detail:

• International, EU and UK regimes for the protection of archaeological sites and finds.


• The protection of works of art and antiquity in the event of armed conflict.


• Restrictions on the cross-border movement of art and antiquities.


• Claims for repatriation of art and antiquities both domestically and internationally. This will include consideration of alternative methods of dispute resolution developed in the context of works looted during World War II.

One two-hour seminar per fortnight.

One two-hour examination (50%) and continuous assessment: one essay (50%).

Credit Points

25

Course Coordinator

Professor A D M Forte

Pre-requisites

Available only to Junior and Senior Honours candidates for LLB with Honours.

Overview

The purpose of this course is to promote advanced study of the law relating to business and commerce. The course will examine a number of contemporary issues in commercial law and practice, chosen for their topicality. Topics will be selected from the following: principles of modern commercial law; sale and supply of goods; secured lending; insurance; lease financing; and banking law.
1 two-hour lecture/seminar per week.
1 three-hour examination (100%).

Credit Points

25

Course Coordinator

Professor R Paisley

Pre-requisites

LS 3007. Available only to Junior and Senior Honours candidates for LLB with Honours.

Overview

The course will consider at a more advanced level inter alia the following: the transmission of real rights in heritable property; real burdens and conditions and their enforcement; the law of the Tenement and its reforms; security transactions; contracts for the purchase and sale of heritable property; land legislation, warrandice.
6 one-hour and a half-hour seminars.
1 three-hour examination (100%).

Credit Points

25

Course Coordinator

Dr H Lardy and Mr S Styles

Pre-requisites

LS 2007. Available only to Junior and Senior candidates for LLB with Honours.

Notes

This course is also available to candidates for the MA in Legal Studies as a 6 credit course (LX 4525). This variation of the course will require an additional element of assessment.

Overview

The courts, and the legal system generally, form a central mechanism by which modern Western society addresses difficult social and moral problems. This course aims to consider a variety of such problems from a philosophical perspective. The course will focus on the theoretical problems and arguments underlying examples of judicial decisions and legislation drawn from different Western jurisdictions. The cases studied as examples raise issues of legal theory pertaining to the following themes: justice, rights, equality, autonomy, property, citizenship.
6 two-hour seminars.
1 two-hour examination (50%) and continuous assessment: written course work (50%).

Credit Points

25

Course Coordinator

Dr K Last

Pre-requisites

Available only to Junior and Senior Honours candidates for LLB with Honours.

Notes

This course is also available to candidates for the MA in European Studies or Legal Studies as a 30 credit course (LX 4527). This variation of the course will require an extra element of assessment.

Overview

The legal mechanisms available to control activities harmful to the environment and to encourage the protection of the environment will be studied. Issues to be considered may include the problems underlying the use of traditional legal remedies and the special statutory regimes introduced to regulate water pollution, to control air and noise pollution and for purposes of nature conservation.
1 two-hour seminar per week.
1 three-hour examination (100%).

Credit Points

25

Course Coordinator

Mrs M Ross

Pre-requisites

LS 3002. Available only to Junior and Senior Honours candidates for LLB with Honours. Not offered in Session 2003/04.

Overview

The course aim is to teach aspects of the law of evidence at a more advanced level extending knowledge of theory and encouraging critical analysis. The course will cover inter alia: analysis of evidence - methods of proof and probability; the accused’s right to silence and inferences which may be drawn from silence; methods of dealing with extra-judicial admissions; protection of vulnerable witnesses in the context of the open trial; corroboration - requirements and relaxations; growth and analysis of expert evidence.

1 one-hour seminar per week or a fortnightly equivalent.
1 two-hour examination (66.6%) and continuous assessment: assessed essay (33.3%).

Credit Points

25

Course Coordinator

Mr D Lessels

Pre-requisites

LS 2503. Available only to Junior and Senior Honours candidates for LLB with Honours.

Overview

The course will examine critically a range of topics including the development of Scottish family law; the regulation of cohabitation outside marriage, with particular reference to possible law reform; the meaning and application of the ‘best interests’ test in child disputes; proposals for divorce law reform; the legal status of the unmarried father; capacity of children to consent to medical operations; the future of Scots family law.
One two-hour seminar per week.
There will be one essay (which does not contribute towards the final degree mark).
1 three-hour examination (100%).

Credit Points

25

Course Coordinator

Mr D O’Donnell

Pre-requisites

LS 1011 and LS 2007. Available only to Junior and Senior Honours candidates for LLB with Honours. Not offered in session 2003/04.

Overview

The course will consist of an examination of the following topics: (i) the nature and sources of legal ethics; (ii) comparative legal ethics; (iii) contemporary legal ethics in Scots law and practice.
6 two-hour seminars fortnightly.
1 two-hour examination (66%) and continuous assessment: 1 essay (33%).

Credit Points

25

Course Coordinator

Ms D McKenzie-Skene and Ms J Pearson

Pre-requisites

LS 2502. Available only to Junior and Senior Honours candidates for LLB with Honours.

Notes

This course is also available to candidates for the MA in Legal Studies as a 30 credit course (LX 4531). This variation of the course will require an additional element of assessment.

Overview

The course involves consideration of a number of current issues in corporate management including for example:
Financial interests in companies, duties and liabilities of directors, the impact of insolvency on company management and corporate rescue.
1 two-hour seminar per week with structured gap weeks.
1 three-hour examination (75%) and continuous assessment (25%).

Credit Points

25

Course Coordinator

Professor P Beaumont

Pre-requisites

LS 2507. Available only to Junior and Senior Honours candidates for LLB with Honours.

Overview

The contributions of international conventions to United Kingdom Private International Law. The working methods of and significance for Private International Law of the Hague Conference on Private International Law and the European Union. The Hague Convention on child abduction and its impact on UK Law. The Brussels I and II regulations and other P.I.L. provisions in the European Union and their implementation in UK Law.

7 two-hour seminars during the course.
1 three-hour examination (100%).

Credit Points

25

Course Coordinator

Dr X Yang

Pre-requisites

Available only to Junior and Senior Honours candidates for LLB with Honours.

Notes

This course is also available to candidates for the MA in Legal Studies as a 30 credit course (LX 4534). This variation of the course will require an extra element of assessment.

Overview

Comprises studies in the problems of sovereignty as seen in specific topics for example: sovereignty and natural resources; international rivers; attempts to set aside from sovereignty specific areas including Antarctica and the Moon; the development of the concept of air space sovereignty, its problems and solutions; the role of the International Civil Aviation Organisation.
1 two-hour seminar per week.
1 three-hour examination (100%).

Credit Points

25

Course Coordinator

Dr H Lardy

Pre-requisites

LS 1508. Available only to Junior and Senior Honours candidates for LLB with Honours.

Notes

This course is also available to candidates for the MA in European Studies or Legal Studies as a 30 credit course as (LX 4535). This variation of the course will require an additional element of assessment.

Overview

The course assesses the historical and philosophical background of human rights and examines some of the rights and freedoms (protected by the European Convention on Human Rights and now by the Human Rights Act 1998) which may be considered pre-requisites of a democratic society. In the investigation of particular rights and freedoms, the emphasis will be on the extent to which these are, and ought to be, protected by the law of the United Kingdom, especially in Scotland. Topics covered in seminars include: freedom of assembly; freedom of expression; freedom of information; freedom from discrimination; the Human Rights Act 1998.
1 two-hour seminar per fortnight.
1 two-hour examination (70%) and continuous assessment: 1 essay (30%), the essay to be submitted no later than the Monday of the third week of the summer term.

Credit Points

25

Course Coordinator

Dr E Metzger

Pre-requisites

LS 2007

Notes

This course is also available to candidates for the MA in Legal Studies as a 30 credit course (LX 4537). This variation of the course will require an additional element of assessment. Not offered in session 2003/04.

Overview

The course takes up theories of liberalism in the law, examining writers who discuss the autonomy of the individual against the encroachments of an authoritarian state. Some contrast will be drawn between the Anglo-American common law, insofar as it stresses the individual and the rule of law, and the continental civil law, insofar as it stresses order and the power of the state. Readings may include the following authors, among others: C.K. Allen, Isaiah Berlin, Friedrich Hayek, Alasdair MacIntyre, Robert Nozick, Michael Oakeshott, Karl Popper, and John Rawls, and Adam Smith
1 two-hour seminar per fortnight.
1 two-hour examination with an optional essay in lieu of 50%.

Credit Points

25

Course Coordinator

Professor P Duff

Pre-requisites

LS 1009. Available only to Junior and Senior Honours candidates for LLB with Honours.

Notes

This course is also available to candidates for the MA in Legal Studies as a 30 credit course (LX 4538). This variation of the course will require an additional element of assessment

Overview

This course analyses elements of Scottish criminal justice against a background of theoretical and comparative models of the criminal process. It looks at both the trial and pre-trial proceedings. Against this background, the course examines the role of the major participants - the police, the prosecutor, the accused, the victim and the adjudicator - in the investigation, prosecution and punishment of crime. Forms of appeal and review are also addressed.
1 two-hour seminar per fortnight.
1 two-hour examination (66.6%) and continuous assessment (33.3%).

Credit Points

25

Course Coordinator

Professor C G Van Der Merwe

Pre-requisites

Only available to Honours LLB students.

Overview

The course will examine the use of the Corpus Iuris Civilis by the various legal movements from the Middle Ages till the present day, the methodology used by the various “Schools”, their importance for the practice of their times and their influence on modern legal development. It will also investigate the reception of Roman law in Europe and try to explain why certain indigenous rules were maintained. Special consideration will be given to the development of Roman-Dutch law during the 17th and 18th centuries with the purpose of indicating how the ideas of the famous Dutch jurists have influenced the Scottish Institutional writers. The modern controversies over the content, nature and shape of a new common law for Europe will conclude the course.
6 two-hour seminars and 2 one-hour lectures.
1 three-hour examination (75%) and continuous assessment (25%).

Credit Points

25

Course Coordinator

Mr K Walton

Pre-requisites

Available to Honours candidates for LLB or MA in Legal Studies degrees.

Notes

This course is available to candidates for MA in Legal Studies as a 30 credit course (LX 4541). This variation will require an additional element of assessment.

Overview

This course examines the relationship between law and politics from a philosophical perspective. Issues for discussion include: the connection between law and democracy; the ability of law to deal with political disagreement; the moral obligation to obey the law; the meaning and justification of civil disobedience; the role of law in the transition from an unjust to a just society; and the political nature of legal reasoning.
8 two-hour seminars.
1 assessed essay (33.3%) and 1 three-hour examination (66.6%).

Credit Points

25

Course Coordinator

Dr A M Godfrey

Pre-requisites

Available only to candidates for LLB with Honours.

Overview

The course consists of more advanced study of selected topics in contract law. Topics will normally include: introduction to contract theory and doctrine; contract formation & ‘battle of the forms’; doctrine of error; regulation of unfair contract terms; doctrines of mutuality and material breach; remedies of damages & specific implement; doctrine of frustration. Other topics which might be covered include: promise; liability from pre-contractual negotiations; good faith; concurrent liability in contract and delict.


1 two-hour seminar per week.
1 three-hour examination (75%) and continuous assessment – 1 essay or written project of 3000 words (25%). A practice essay may be required by way of diagnostic or formative assessment.

Credit Points

25

Course Coordinator

Ms S Arnell

Pre-requisites

LS 1503. Available only to Junior and Senior Honours candidates for LLB with Honours.

Overview

The course will examine critically a number of the following topics: the evaluation of the “Duty of care” concept; aspects of liability for economic loss; liability for defective products; the theory of “General Deterrence”; employers’ liability; liability for animals; compensation for pain and suffering; periodic payments and structured settlements; causation, vicarious liability and psychiatric injury.
1 two-hour seminar every two weeks.
1 three-hour examination (100%).

Credit Points

25

Course Coordinator

Ms C Lyons

Pre-requisites

Available only to Junior and Senior Honours candidates for LLB with Honours.

Notes

This course is available to candidates for the MA in Legal Studies or Women’s Studies as a 30 credit course (LX 4038). This variation of the course will require an extra element of assessment.

Overview

The course will be composed of 6 seminars based on a selection from the following list:

1. Introduction to feminist legal theory


2. Departments of feminist jurisprudential thought


3. Theories of equality and rights


4. Discrimination and its role in feminist legal thinking


5. Decision making and politics


6. Harm and violence – a feminist issue?


7. Women’s Obligations reviewed in a feminist context


8. Women in the Law – the legal profession examined


9. European influences – jurisprudence and thinking from the EU

1 two-hour seminar every two weeks.
Continuous assessment/written coursework (50%) and 1 three-hour written (open book) examination (50%).

Credit Points

25

Course Coordinator

Dr A Campbell

Pre-requisites

Available only to Junior and Senior Honours candidates for LLB with Honours.

Notes

This course is also available to candidates for the MA in European Studies or Legal Studies as a 30 credit course (LX 4545). This variation of the course will require an extra element of assessment.

Overview

Examination at Honours level of seleted aspects of EC Substantive Law.
1 ninety-minute seminar per week.
1 three-hour examination (100%).

Credit Points

25

Course Coordinator

Ms C Lyons

Pre-requisites

Available to Honours Level Students only; it is recommended that they have taken LS 2011 and LS 4026.

Notes

This course is also available to candidates for the MA in Legal Studies and MA in European Legal Studies as a 30 credit course (LX 4546). This variation of the course will require an additional element of assessment.

Overview

This course builds upon knowledge of EU law and in particular of current events occuring within the realm of what might be broadly described as European Union Consitutional Law. The focus is on recent developments centring around fundamental questions of governance of, and participation in, the EU, essential constitutional questions. Whether the EU will have or should have an actual written constitution (in the traditional, nation-state meaning of the term) or not is the central question, posed within the broader framework which considers the nature of the policy and its relationship with the people of Europe. The course will be composed of 6 seminars, outlined as follows: 1. Introduction, 2. The idea of a European Constitution, when did we first begin to perceive the EC/EU through the lens of constitutionalization? Does the EU need a constitution or does it already have one? 3. Governance in the EU. The Commission’s White paper on Governance put in context. 4. The Convention on the Future of Europe. We will examine the topics under discussion in the Convetion and consider the Convention’s potential to produce a Constitution for Europe. 5. The EU Charter of Fundamental Rights. This seminar will build upon your knowledge of the development of EU fundamental rights by the ECJ. Has that process now stopped and what its relationship with this still non-binding declaration of rights? 6. The IGC process – the real Constitution? We ask questions about participation in and reception of the IGC process and about the relationship between constitutionalization and reorganisation of the Treaties.
Six two-hour seminars.
Continuous assessment (50%) and one two-hour exam (50%).

Credit Points

25

Course Coordinator

Ms A-M Slater

Pre-requisites

LS 2008 and LS 3007. Available only to candidates for LLB with Honours.

Overview

This course provides a critical overview of planning law and its institutions with an emphasis on development control. The following topics will be dealt with in particular detail: the meaning of development; the role of the development plan; the concept of material considerations; the use of conditions; the use of planning agreements; enforcement.
One two-hour seminar per fortnight.
One 2 hour examination (66.6%) and one essay (33.3%).

Credit Points

25

Course Coordinator

Dr T E Hays

Pre-requisites

Open to Honours LLB students only.

Overview

The course would cover the United Kingdom and European Union laws of copyright, industrial designs, and the rights considered allied to copyright and designs, such as performers’ rights, moral rights, and broadcast rights. Copyright would be sub-divided into the substantive-law of artistic, musical, and literary copyrights, with consideration of licensing, assignment, infringement and performance issues. Design rights will be divided into procedural and substantive issues, such as registration applications, design searching, eye appeal, and licensing. The allied rights will be considered primarily in their international and European contexts.

12 hours of tutorials.

Written examination (50%) and continuous assessment (50%): six practical exercises.