LAW

Credit Points

15

Course Coordinator

Dr I Taggart

Pre-requisites

None

Overview

Sources 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.

Structure

3 lectures per week and a programme of 4 one-hour tutorials.

Assessment

1st Attempt: 1 two-hour examination (100%).

Resit: 1 two-hour examination (100%).

Credit Points

15

Course Coordinator

Dr X Yang

Pre-requisites

None

Overview

This course will provide students with a working knowledge of the international legal system, particularly sources of Public International Law, the subjects of international law, State jurisdiction, State immunities, International Human Rights Law, and the relationship of municipal and international law in the UK, the law of the sea, the use of force.

Structure

3 one-hour lectures per week and 3 one-hour tutorials.

Assessment

1st Attempt: 1 two-hour examination (100%).

Resit: 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.

Structure

3 one-hour lectures per week and 5 one-hour fortnightly tutorials.

Assessment

1st Attempt: 1 two-hour examination (100%). (There are also 3 short written exercises and a practice exam).

Resit: 1 two-hour examination (100%).

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.

Structure

3 one-hour lectures per week and 4 one-hour tutorials during the session.

Assessment

1st Attempt: 1 two-hour examination (100%).

Resit: 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 common core of institutions of the countries which follow the Civil Law tradition, with special attention to the Scottish variant of this tradition. Emphasis is on the Law of Property and Law of Obligations, but some consideration is also given to the other branches of Private Law. Some time is devoted the teaching of the historical foundations of the Civil Law tradition and its reception in Scotland and world-wide.

Structure

3 one-hour lectures and fortnightly 1 one-hour tutorials, altogether 4 tutorials.

Assessment

1st Attempt: 1 two-hour examination (100%).

Resit: 1 two-hour examination (100%).

Credit Points

15

Course Coordinator

Mr S C Styles

Pre-requisites

None

Overview

This course is compulsory for the LLB. 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.

Structure

A total of 30 lectures with either two or three lectures per week as appropriate, and 3 tutorials.

Assessment

1st Attempt: 1 two-hour examination (75%) and objective test (25%).

Resit: 1 two-hour examination (75%) and objective test (25% carried forward).

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 and freedom from discrimination.

Structure

3 one-hour lectures per week and a programme of 4 one-hour tutorials during the course.

Assessment

1st Attempt: 1 two-hour examination (75%) and in-course assessment (25%).

Resit: 1 two-hour examination (75%) and in-course assessment (25% carried forward).

Credit Points

15

Course Coordinator

Dr P Ducoulombier

Pre-requisites

LS 1011

Overview

The course provides an introduction to the key features of the French Legal System, its historical development and classification, and structure of law. An examination will be made of the civil, criminal and administrative court system, the judiciary and the legal profession. Legal texts will be examined.

Structure

1 two-hour seminar every week.

Assessment

1st Attempt: 1 two-hour examination (75%) and an assessed essay (25%).

Resit: 1 two-hour examination (75%) and an assessed essay (25% carried forward).

Credit Points

15

Course Coordinator

Dr R Goldberg & Mr G W Gordon

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; defamation; assessment of damages. The course also covers aspects of the law on unjustified enrichment.

Structure

There are 30 lectures in total with either two or three lectures per week as appropriate and a programme of 3 one-hour tutorials during the course.

Assessment

1st Attempt: 1 two-hour examination (100%).

Resit: 1 two-hour examination (100%).

Credit Points

15

Course Coordinator

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 Computing Science and gives students a knowledge of and practical skills in word processing, presentations, 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.

Structure

Law: 8 one-hour lectures on group work, oral presentations, legal research and writing.

Computing Science: 2 lectures in total, and 3 tutorials at 1 hour per week for 6 weeks.

Assessment

1 practical computing test taken under exam conditions (30%); group project (30%); individual report (30%) and group oral presentation (10%).

Resit: Students who fail the computing test has a re-sit in August. Students who fail either their individual or group report are given the opportunity to re-do the report and to re-submit. The mark for the re-submission is capped at CAS 9.

Credit Points

15

Course Coordinator

Dr J Fitchen

Pre-requisites

Notes

This course is not available to LLB students.

Overview

This course is designed to provide non-LLB students with an understanding of the main issues in commerical law. Topics will cover elements of the Scottish law and legal system concerning Contract Law (including the Sale of Goods), Agency, Delict, Intellectual Preoprty and Trusts.

Structure

A total of 30 lectures with either two or three lectures per week as appropriate and three tutorials.

Assessment

1st attempt: 1 two-hour written examination (80%) and one piece of written work (1,000 words) (20%).

Resit: 1 two-hour written examination (80%) and in-course assessment (20% carried forward).

Credit Points

15

Course Coordinator

Dr M Bodig

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

Classical naturalism, Positivism, American Legal Realism, Contemporary naturalism, Critical Legal Studies, Feminism, Critical Race/Queer Theory, Critiques of Critical Approaches to Law.

Structure

5 one-hour lectures per fortnight and one tutorial per fortnight.

Assessment

1st Attempt: 1 two-hour examination (80%) and in-course assessment (20%).

Resit: 1 two-hour examination (80%) and in-course assessment (20% carried forward).

Credit Points

10

Course Coordinator

Dr C Ng

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. It is not open to students on any other degree programme.

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, real security rights and the basic concepts of intellectual property law.

Structure

2 one-hour lectures per week (24 lectures in total) plus 2 one-hour tutorials, one of which requires a group presentation.

Assessment

1st Attempt: 1 two-hour written examination (100%).

Resit: 1 two-hour examination (100%).

Credit Points

15

Course Coordinator

Professor A D M Forte

Pre-requisites

(1) available only to LLB students in Programme Year 2 or above, graduates on the two year degree, except with the permission of the Head of School. (2) LS 1011 and LS 1509.

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).

Structure

2/3 lectures per week (not exceeding 30 in total); 3 one-hour tutorials.

Assessment

1st Attempt: 1 two-hour written examination (80%) and objective test (20%).

Resit: 1 two-hour examination (80%) and objective test (20% carried forward).

Credit Points

5

Course Coordinator

To be advised

Pre-requisites

LS 1512 (Legal Research & Writing)

Notes

Only open to Programme year 2 students or above in the LLB or MA Legal Studies degree. 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.

Structure

Informal preparation sessions with Course Co-ordinator and self-directed learning.

Assessment

Submission of written skeleton arguments (30%) and presentation of arguments orally (70%). Students must attain a mark of 9 overall to pass the course at the first attempt, with a pass in each element.

Resit: Submission of written skeleton arguments (30%) and presentation or arguments orally (70%). The mark for any element passed at the first attempt will be carried forward.

Credit Points

5

Course Coordinator

To be advised

Pre-requisites

LS 1512 (Legal Research & Writing)

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.

Structure

Informal preparation sessions with course co-ordinator and self-directed learning.

Assessment

Submission of written skeleton arguments (30%) and presentation of arguments orally (70%). Students must attain a mark of 9 overall to pass the course at the first attempt, with a pass in each element.

Resit: Submission of written skeleton arguments (30%) and presentation of arguments orally (70%). The mark for any element passed at the first attempt will be carried forward.

Credit Points

15

Course Coordinator

Dr L Niglia

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.

Structure

30 lectures over a 12 week period plus programme of fortnightly tutorials.

Assessment

1st Attempt: 1 two-hour written examination (75%) and essay (25%).

Resit: 1 two-hour examination (75%) and essay (25% carried forward).

Credit Points

15

Course Coordinator

Dr J Fitchen

Pre-requisites

This course is not available to LLB students. Only available to students in Programme Year 2 or above.

Notes

It is not possible to take this course with Jurisprudence in the same year because of a timetable clash.

Overview

This course is designed to provide non-LLB students with an understanding of the different legal forms of business organisation. Topics will cover elements of the Scottish law concerning the different forms of Partnership, Company law and the law of Insolvency.

Structure

A total of 30 lectures with either two or three lectures per week as appropriate and three tutorials.

Assessment

1st attempt: 1 two-hour written examination (80%) and one piece of written work (1,000 words) (20%).

Resit: 1 two-hour examination (80%) and in course assessment (20% carried forward).

Credit Points

15

Course Coordinator

Professor M Ross

Pre-requisites

LS 1011 and LS 1509

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.

Structure

1 two-hour seminar per week.

Assessment

1st Attempt: 1 written examination paper - take home paper approximately 48 hours between issue and submission (40%) and assessed negotiation role play (60%).

Resit: Reassessment in the same format of element(s) of assessment failed, but only if combined mark at first attempt was below 9.

Credit Points

15

Course Coordinator

Mr D Lessels

Pre-requisites

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

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, financial provision on divorce, dissolution of marriage on ground of presumed death, legal aspects of the parent and child relationship, child protection, adoption, cohabitation, family mediation (in outline).

Structure

30 lectures altogether with 2/3 lectures per week as appropriate. 1 tutorial per fortnight.

Assessment

1st Attempt: 1 two-hour examination (100%).

Resit: 1 two-hour examination (100%).

Credit Points

15

Course Coordinator

Dr C Roodt

Pre-requisites

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

Overview

This course provides 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 operate in relation to contract, delict, divorce, custody and child abduction.

Structure

2/3 lectures per week (up to a maximum of 30) and 1 tutorial per fortnight.

Assessment

1st Attempt: 1 two-hour examination (100%).

Resit: 1 two-hour examination (100%).

Credit Points

10

Course Coordinator

Ms S Bleichner

Pre-requisites

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

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.

Structure

2 lectures per week and 2 tutorials.

Assessment

1st Attempt: 1 two-hour examination (80%) and an essay (20%).

Resit: 1 two-hour examination (80%) and an essay (20% carried forward).

Credit Points

15

Course Coordinator

Mr T Burns

Pre-requisites

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

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.

Structure

2 one-hour lectures per week, and 1 one-hour fortnightly tutorial (35 hours of lectures and four tutorials).

Assessment

1st Attempt: Written examination (100%).

Resit: Written examination (100%).

Credit Points

15

Course Coordinator

To be advised

Pre-requisites

LS 1509 Contract Law

Notes

Knowledge of German is not necessary.

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 some topics in substantive law.

Structure

2 one-hour seminars per week.

Assessment

1st Attempt: 1 two-hour examination (75%) and in-course assessment - short projects (25%).

Resit: 1 two-hour examination (75%) and in-course assessment (25% carried forward).

Credit Points

5

Course Coordinator

Professor A D M Forte

Pre-requisites

(1) Available only to LLB students in Programme Year 2. (2) LS 1509.

Notes

Knowledge of Spanish is desirable but not necessary.

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.

This course will introduce students to hte institutional and consitutional structure of the Spanish Legal System. Special consideration will be given to the historical elements of the formation of the core of the Spanish Law and to the principles governing the relations between the central states and the "Comunidades Autónomas".

Structure

4 two-hour seminars over the half-session.

Assessment

1st Attempt: One essay (100%).

Resit: Re-submit (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 fundamental freedoms; the free movement of goods; citizenship the free movement of workers; freedom to provide services; freedom of establishment; competition law.

Structure

2 one-hour lectures per week and a programme of 3 one-hour tutorials.

Assessment

1st Attempt: 1 two-hour examination (100%).

Resit: 1 two-hour examination (100%).

Credit Points

10

Course Coordinator

Mrs D McKenzie Skene

Pre-requisites

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

Notes

Compulsory for LLB students at level 2.

Overview

Introduction to the skills of legal argumentation and debate through lectures and workshops; delivery of legal arguments in a court setting and responding to judge's questions; submission of written arguments and reflective report.

At the outset of this course, students will be assigned a legal problem in respect of which they must construct and present an argument as to why an appeal against the decision of a lower court should succeed.

Specifically, there are four stages to this course:

1. A short series of initial lectures on legal argument


2. Two workshops focusing on best practice in the presentation of oral argument


3. The presentation of an oral argument before two assessors (members of the Law School academic staff) in no more than ten minutes


4. The submission of a written version of this argument (no longer than 2,000 words) for assessment and a reflective report (no longer than 500 words).

Structure

4 one-hour lectures and 2 one-hour workshops in weeks 1-4.

Assessment

1st Attempt: Oral presentation (60%); written argument (max 2,000 words) and reflective report (max 500 words) on the student's process of learning on the course (40%). Students must attain a mark of 9 overall to pass the course at the first attempt, but a pass in each element is not essential.

Resit: For students who do not achieve 9 overall at the first attempt an opportunity to re-sit in the element(s) NOT passed at the first attempt, and the mark for that reassessed element will be capped at 9. The mark for any element passed at first attempt will be carried forward unless it is treated as a 'first attempt' for medical or other good cause.

Credit Points

5

Course Coordinator

Dr L Niglia

Pre-requisites

(1) Only available to students in Programme Year 2, (2) LS 1011.

Co-requisites

This course is available in the second half-session of 2008/09.

Notes

The course is an option for the degree of LLB and is 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.

Structure

1 one-hour lecture each week.

Assessment

1st Attempt: 1 one-hour written examination (70%) and one essay (30%).

Resit: 1 two-hour examination (70%) and one piece of written work (30% carried forward).

Credit Points

20

Course Coordinator

Professor M Ross

Pre-requisites

(1) Available only to LLB students in Programme Year 3 or above or graduates on the two year degree, except with the permission of the Head of School. (2) LS 1011.

Overview

This course provides a basic introduction to the Law of Evidence in Scotland. It covers relevance and admissibility of evidence, proof, sufficiency, similarities and confessions, hearsay, privilege, character, categorisation of evidence and effects of evidence being improperly obtained.

Structure

3 lectures per week and 1 tutorial per fortnight.

Assessment

1st Attempt: 1 two-hour examination (100%).

Resit: 1 two-hour examination (100%).

Credit Points

20

Course Coordinator

Professor R Paisley

Pre-requisites

(1) Available only to LLB students in Programme Year 3 or above or graduates on the two year degree, except with the permission of the Head of School. (2) LS 1011.

Overview

The course involves a study of property law applied in the context of property acquisition in Scotland. The course will include a study of the forms of deeds, the responsibility of solicitors and the property acquisition process in Scotland. Following up on a study of applied property law students will examine aspects of title conditions, servitudes, leases and securities. A pass in Conveyancing LS 3007 is compulsory for gaining entry to the Diploma in Legal Practice, which is a pre-requisite for practising as a solicitor or advocate in Scotland. Students should also note that their mark in the first sitting of the degree exmination of this subject, together with the marks at first sitting in the other subjects which are compulsory for entry into the Diploma in Legal Practice, is the primary criterion for allocation of both Diploma places and the limited number of grants for the Diploma which are currently available.

Structure

4 lectures per week and 4 tutorials during course.

Assessment

1st Attempt: 1 two-hour examination (100%).

Resit: 1 two-hour examination (100%).

Credit Points

20

Course Coordinator

Mr M Bowler-Smith

Pre-requisites

LS 1011. Available only to students in Programme Year 3 or above or graduates on the two year LLB degree, except with the permission of the Head of School. It is also available to MA Legal Studies Students.

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.

Structure

3 one-hour lectures per week, plus 4 tutorials.

Assessment

1st Attempt: 1 two-hour examination (100%).

Resit: 1 two-hour examination (100%).

Credit Points

10

Course Coordinator

Dr D McCann

Pre-requisites

Available only to LLB Students non-honours in Programme Year 3 or above or LLB graduates on the two year degree who have passed LS 1011, LS 1509, LS 1515, except with the permission of the Head of School.

Notes

It is not available to LLB honours candidates.

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.

Structure

2 one-hour lectures per week in weeks 1 to 9 and tutorials fortnightly, lasting an hour.

Assessment

1st Attempt: 1 two-hour written examination (75%) and one essay (25%).

Resit: 1 two-hour examination (75%) and one essay (25% carried forward).

Credit Points

25

Course Coordinator

Dr C Roodt

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 point 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.

Assessment

1st Attempt: Dissertation (100%).

Credit Points

25

Course Coordinator

Professor P Beaumont

Pre-requisites

LS 2018. Available only to Junior and Senior Honours candidates for LLB with Honours.

Notes

This course will not be available in 2008/09. This course is also available to candidates for the MA in European Studies or Legal Studies as a 30 credit point course (LX 4026). This variation of the course will require an additional element of assessment. This course will not be available in 2008/09.

Overview

The course considers the work of the European Court of Justice including its role as a law maker; fundamental human rights; impact of Community directives on national law; judicial review of Community legislation; preliminary rulings; and the role of the European Parliament.

Structure

1 two-hour seminar per fortnight.

Assessment

1st Attempt: 1 three-hour examination (100%).

Credit Points

25

Course Coordinator

Professor D L Carey Miller

Pre-requisites

This course is only available to Junior and Senior Honours Candidates for the 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.

Structure

7 two-hour seminars.

Assessment

1st Attempt: 1 three-hour examination (100%).

Credit Points

25

Course Coordinator

Professor R Paisley

Pre-requisites

This course is only available to Junior and Senior Honours Candidates for the LLB with Honours. Pre-requisites are passes in Legal System (LS 1011) and Succession and Trusts (LS 2008).

Overview

The course examines in detail complex areas of the law of succession and trusts with an emphasis being placed on discursive reasoning. The topics considered will include vesting in an executor and beneficiary, the nature and roles of an executor and trustee, survivorship of beneficiaries and common calamities, formal and essential validity of wills (including the issue of execution of wills by adults with incapacity), updating out of date wills by means of the various conditiones applied by Scots law, limitations on testamentary freedom, forfeiture and unworthiness of heirs. The approach taken to these issues by other legal systems will be examined for the purpose of comparative study.

Structure

7 two-hour sessions.

Assessment

1st Attempt: 1 three-hour examination (100%); in addition students submit one essay of 3000 words. This does not count towards the final assessment.

Credit Points

25

Course Coordinator

Professor R Evans-Jones

Pre-requisites

Non-Contractual Obligations (LS 1515).

Overview

The course commences with an overview of the nature of problems that the law of unjustified enrichment addresses. Consideration is then given to the central characteristics of the English Common law and Mixed Legal Systems and the sort of problems that arise as a result in a jurisdiction like that of Scotland. The remaining seminars address the debate in Scotland and beyond concerning the nature of the causes of action in the law of unjustified enrichment arising from deliberate conferral. In this matter there is close consideration of similar but different conceptions like "mistake" and "undue" that derive from English law and the civil law. These conceptions interact in the "mixed" legel systems of Scotland. The value of each and the problems are examined in detail. One seminar is devoted to identification of the nature of the cause of action arising from enrichment by imposition.

Structure

The class meets about 10 times for an hour-and-a-half each meeting.

Assessment

1st Attempt: 1 three-hour examination (100%). One essay of 2500 words is required for formative assessment purposes only.

Credit Points

25

Course Coordinator

Dr I Taggart

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 point course (LX 4035). This variation of the course will require an additional element of formative assessment.

Overview

This course considers, at an advanced level, a number of themes introduced in the Level 1 course in Criminal Law (LS 1009). The course approaches a selection of current problems in criminal law doctrine from the theoretical, comparative and sometimes philosophical perspective. Topics addressed in this course are likely to include the following: the limits of the criminal law; rape and sexual offences; provocative; insanity; the limits of excusability.

Structure

1 two-hour seminar per fortnight.

Assessment

1st Attempt: 1 two-hour examination (66.6%) and in-course assessment: 1 essay (33.3%).

Credit Points

25

Course Coordinator

Professor A D M Forte

Pre-requisites

This course is available only to Junior and Senior Honours Candidates for the LLB with Honours or MA in History with Honours Degrees.

Notes

This course is available to candidates for the MA Honours in History as a 30 credit point course. MA candidates are required to submit an additional element of assessment in the form of a second essay.

Overview

This course covers the period 1000 - 1850 and presents an historical perspective of several aspects of the development of Scots law during this period. The topics covered are: Celtic law; Feudalism and the development of Scots common law; Regiam Majestatem and the 'Books of the Law'; Evolution of the Court of Session; Marriage and the Reformation; Judicial Corruption in the age of Stair; Impact of the Union of 1707 on Scots mercantile law.

Structure

The course has a minimum of 7 two-hour seminars.

Assessment

1st Attempt: Candidates for LLB with Honours: 1 three-hour examination (75%) and 1 essay of 2,500 words (25%).

Candidates for MA in History with Honours: 1 three-hour examination (60%) and 2 essays each of 2,500 words (40%).

Credit Points

25

Course Coordinator

Mr M Radford

Pre-requisites

Available only to Junior and Senior Honours candidates for LLB with Honours, and candidates for the MA in Legal Studies.

Notes

In relation to the MA programme, this is a 30 credit course and entails an additional element of assessment in the form of a non-counting 1,500 word essay.

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 the EU; the legal meaning of unnec; unnecessary suffering; 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.

Structure

1 two-hour seminar a week for ten weeks.

Assessment

1st Attempt: 1 three-hour examination (75%) and in-course assessment: one 2500 word essay (25%).

Credit Points

25

Course Coordinator

Professor R Evans-Jones

Pre-requisites

Available only to Honours LLB students.

Notes

The course is available for the MA in Legal Studies as a 30 credit point course (LX 4040). An additional element of assessment is required in the form of a written assignment which is for formative assessment only.

Overview

The course seeks to evaluate, from theoretical, substantive and historical perspectives, the nature of the Common law, the Civil law and Mixed Legal Systems: the three main legal "families" of western civilisation that have originated and developed in Europe. The course involves detailed studies of the interaction of the Civil and Common law in "mixed" legal systems of which Scots law is a leading example. An evaluation is made of law in "Britain". The debate concerning the convergence of the Common and Civil law is considered and its importance for the creation of a new "common law" of Europe. One seminar is devoted to the theories and importance of comparative constitutional law.

Structure

The class meets about 10 times for around one-and-a-half hours each meeting.

Assessment

1st Attempt: 1 three-hour examination (100%). One essay of 2500 words is required for formative assessment purposes only.

Credit Points

25

Course Coordinator

Dr K Whitby-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 content 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.

Structure

One two-hour seminar per fortnight.

Assessment

1st Attempt: One two-hour examination (50%) and in-course assessment: one essay (50%).

Credit Points

25

Course Coordinator

Ms A-M Slater

Pre-requisites

Available only to Honours students in LLB and MA (Legal Studies) in Programme Year 3 or above. LS 1011 (Legal System and Method).

Notes

This course is also available to candidates for the MA in Legal Studies as a 30 credit point course (LX 4045). This variation of the course will require an additional element or assessment.

Overview

An introductory lecture will consider the development in countryside organisation and management together with a detailed examination of the institutions involved in rural law. This will provide a context for a critical examination of the law of: land use planning; land reform; recreation (including access and national parks) and nature conservation (habitat and species protection) in 6 two-hour seminars.

Structure

This course examines tpics relevant to rural law. An introductory lecture focuses on changes in agriculture, crofting and the countryside in general. A series of seminars will examine in detail particular aspects of the law including: agricultural holdings, crofting, access to the countryside, community right to buy, nature conservation and national parks.

Assessment

1st Attempt: 1 two-hour introductory lecture, 1 two-hour seminar per fortnight, 1 three-hour examination (75%) and 1 essay (25%).

Credit Points

25

Course Coordinator

Dr L Niglia

Pre-requisites

LS 1509.

Notes

Available only to Junior and Senior Honours candidates for LLB with Honours. This course is also available to candidates for the MA in European Studies and MA Legal Studies as a 30 credit course. This variation of the course will require an additional element of assessment.

Overview

The course will cover a number of topics including: contract law 'in context', focusing on the role played by judges, legislators and academics in the development of law in the 20th century; how comparative lawyers look at contract law in its context; the rules on contract formation in Scots, English, German, Italian and Community Law; the regulation of standard form contracts; and technical issues of contract law eg error, frustration and guarantees.

Structure

6 seminars of two hours each.

Assessment

1st Attempt: 1 three-hour written examination (75%) and an essay of 2500 words (25%).

Credit Points

25

Course Coordinator

Mr M Radford

Pre-requisites

LS 1012 Foundations of Public Law.
LS 1512 Civil Liberties and Human Rights.

Notes

Available only to Junior and Senior Honours candidates for LLB with Honours, and candidates for the MA in Legal Studies. In relation to the MA programme, this is a 30 credit course and entails an additional element of assessment in the form of a non-counting 1,500 word essay.

Overview

This course is concerned with the relationship between law and politics in the United Kingdom. In view of the highly topical nature of the subject-matter, the specific issues which are focused upon each year are determined by the members of the course, in consultation with the course co-ordinator, at the first meeting. Recent examples of chosen case include: devolution; the response to terrorism; the role of the Prime Minister; reform of the House of Lords. In addition to developing an understnding of particular topics, the course places considerable emphasis on developing research and analytical skills.

Structure

1 two-hour lecture a week for six weeks, and 1 two-hour seminar per week for six weeks.

Assessment

1st Attempt: 1 three-hour examination (75%) and in-course assessment: one 2500 word essay (25%).

Credit Points

25

Course Coordinator

Dr R Dunbar

Pre-requisites

None.

Notes

This course is also available to candidates for the MA in Legal Studies as a 30 credit point course (LX 4049). This variation of the course will require an additional element of assessment.

Overview

The course considers the development of group protection, from the minorities system created after World War One, to the relevance of major post-World War Two instruments, to the norms which have emerged since the fall of Communism in the late 1980s and early 1990s. The course will also consider the development of the international law of indigenous peoples, and the relevance of the concept of self-determination to group issues. Finally, the potential tensions between protection of groups and the protection of individual human rights will be critically assessed.

Structure

1 two-hour seminar every second week.

Assessment

1st Attempt: One 2,500 word essay (25%) and 1 three-hour examination (75%).

Credit Points

25

Course Coordinator

Mr P Masiyakurima

Pre-requisites

This course is only available to Junior and Senior Honours candidates for the LLB with Honours.

Overview

This course is aimed at introducing students to copyright principles and practice. The following topics will be examined in 7 Seminars:-

1. The Copyright System in the UK-Basic Concepts; International Context; Subsistence of Copyright in the UK


2. Copyright Subject Matter


3. Authorship and ownership; Copyright duration


4. Copyright infringement


5. Defences to Infringement


6. Remedies for Copyright Infringement; Exploitation


7. Moral Rights

Structure

7 two-hour seminars fortnightly.

Assessment

1st Attempt: An assessed essay (25%) of 3,000 words and 1 two-hour examination.

Credit Points

25

Course Coordinator

Dr A L Pillai

Pre-requisites

This course is only available to Junior and Senior Honours candidates for the LLB with Honours.

Notes

This course is also available to candidates for the MA in European Legal Studies or Legal Studies as a 30 credit course (LX 4056). This variation of the course will require an additional element of assessment.

Overview

The course will cover a number of topics including: the consent procedures for the different forms of renewable energy in the UK (with particular focus on the role of Environmental Impact Assessment); the policy commitments at international, European and UK level and how those policy commitments are translated into the UK regulatory system; the relationship with other rural development issues such as landownership, tenancy and the planning system (through problem scenarios); and the environmental impacts of renewable energy schemes and the means of regulating those environmental impacts within and outwith the consents procedure (including conditions of consents, EIA, role of external environmental regulation such as habitat and species protection etc).

Structure

An introductory session of one hour, 6 seminars of two hours each and a revision session.

Assessment

1st Attempt: 1 three-hour written examination (75%) and an essay of 2500 words (25%). (MA Legal Studies / European Legal Studies students will have an additional non-counting essay of 1500 words).

Credit Points

25

Course Coordinator

Professor R Evans-Jones

Pre-requisites

Foundations of Private Law, LS 1013.

Notes

This course will not be available in 2008/09. Available only to Junior and Senior Honours candidates for the LLB with Honours and candidates for the MA in Legal Studies. In relation to the MA programme, this is a 30 credit point course and entails an additional element of assessment.

Overview

1. Introduction to the sources and methodology of the study of Roman law;


2. A case study: The sale of Res Extra Commercium in classical Roman law and the law of Justinlan;


3. Liability for Defects in Roman law;


4. The Meaning of Chapters 1 and 3 of the Lex Aquilia;


5. Juristic and Praetorian Developments of the Lex Aquilia;


6. The history of the Actio quanti minoris in the ius commune;


7. Other influences of the Roman law of sale on the ius commune and modern legal systems;


8. The history of the Lex Aquilia on the ius commune esp on the understandings of the natural lawyers;


9. The history and influence of the Law Aquilia on modern legal systems e.g. Donoghue v. Stevenson.

Structure

7 two-hour seminars.

Assessment

1st Attempt: 1 three-hour written examination (100%). There is a compulsory class essay of 3000 words which does not count towards the final assessment.

Credit Points

25

Course Coordinator

To be advised

Pre-requisites

No pre-requisites. Open to Honours student on LLB, MA and MA in Legal Studies.

Notes

For students getting 30 credits (eg MA in Legal Studies) an additional 1,500 word essay not counting towards degree assessment.

Overview

The course aims to analyse how the main sources of international law can be used to identify evolving principles and rules of international law, with a special emphasis on evidentiary problems of state practice; it considers whether globalisation has given rise to problems which states are not able to regulate through custom or treaty, and whether soft law can be a substitute; the question is asked systematically how far globalisation weakens the capacity of states taken together to regulate pressing issues of international society; examples of this problem area are terrorism, nuclear weapons proliferation, climate change; migration and refugee flows and the exercise of economic and political power by multinational corporations; an interdisciplinary approach (law and politics) is offered to see how far international institutions can be adapted to globalisation; finally, the question is explored whether there is a cosmopolitan culture which can ground new principles of international law, or whether these have to be drawn inductively from different regional cultures.

Structure

6 two-hour seminars fortnightly.

Assessment

1st Attempt: 1 three-hour written unseen examination (100%).

Resit: Not normally applicable.

Credit Points

25

Course Coordinator

Dr M Bodig

Pre-requisites

This course is available to junior and senior honours LLB. It is also available for the MA in Legal Studies as a thrity credit option. The latter will require an additional formative, non assessed essay.

Notes

It may be taken by honours law students and also by students on the MA in Legal Studies.

Overview

There will be, in six separate seminars: examination in historical context of: a late scholastic text by Vitoria (Spain) and his influence on Grotius (Holland); texts by Machiavelli, and Hobbes (Italy, England), which challenge the medieval unity of law and morality;
Pufenorf's (Germany) late 17th century defence of a new natural law rationalism, and his influence on the Scottish Enlightenment (Carmichael); texts by Kant (Germany) and John Austin (England) in the 19th century and the view of law as based on the state;
the linguistic philosophy Wittgenstein (Austrian/English) and contemporary analytical legal philosophy (H.L.A. Hart);
a choice of texts of contemporary European "post-metaphysical" or post-modern philosophers who address the phenomenon of law, such as Habermas, Derrida, Ricoeur or Foucault.

Structure

1 two-hour fortnightly seminar, coming to six in total.

Assessment

1st Attempt: 1 three-hour written examination (75%); one essay (25%).

Credit Points

25

Course Coordinator

Professor P Duff

Pre-requisites

LS 3002. Available only to Junior and Senior Honours candidates for LLB with Honours.

Notes

This course will be available in the first half-session of 2008/09.

Overview

The course will address the following range of topics.

Evidence from experts
Proof and understanding probability
Evidence from vulnerable witnesses
Relevance and Similar Fact Evidence
Burdens of Proof and Human Rights
Hearsay
Disclosure of Evidence

Structure

An introductory class plus 6 two-hour seminars over the second semester.

Assessment

1st Attempt: 1 two-hour examination, and one essay of 3000 words counting for one third of the overall assessment.

Credit Points

25

Course Coordinator

Dr Leone Niglia

Pre-requisites

LS 1509. 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 Legal Studies or Legal Studies as a 30-credit course. This variation of the course will require an additional element of assessment.

Overview

The course will analyse the role played by scholars, judges and legislatures in the development of a European contract law. It examines the main sources of European contract law; how legislative texts and judicial opinions relate to each other and contribute to the making of common rules; the legislative and judicial techniques employed in devising and enforcing contract law common rules; the politics of harmonisation in relation to contract law and the role of the Commission; the role of the Court of Justice. It will cover the following topics: European contract law 'in context'; the impact of Community law on technical issues of contract law including right of cancellation in consumer contracts, guarantees in consumer contracts and the regulation of standard form contracts in the UK, France, Germany and Italy before and after the enactment of relevant Community legislation. A contextual approach is adopted that allows students to see how harmonisation develops in relation to cultural, political and economic factors, with a focus on the role of the history of ideas.

Structure

Six 2-hour seminars.

Assessment

No resit available.

Credit Points

25

Course Coordinator

Dr Thomas Bustamante

Pre-requisites

LS 2007 (Jurisprudence)

Overview

1. A General Introduction to the Theories of Legal Argumentation
2. Topic and Juridical Argumentation/Perelman's New Rhetoric
3. Toulmin's Argumentation Model
4. Neil MacCormick's Theory of Legal Reasoning
5. Habermas' Theory of Communicative Rationality
6. Alexy's Procedural Theory of Argumentation/Aarnio's Theory of Legal Justification
7. Specific Forms of Legal Argumentation: The Argument 3 contratio; The Analogical Argument; The Argumentum ad Absurdum

Structure

Eight 2-hour seminars [distributed among the teaching weeks of the first half-session].

Assessment

1st attempt: One 3-hour written examination (75%); one 2,000 word essay (25%).

Resit: When needed only.

Credit Points

25

Course Coordinator

Dr L Campbell

Pre-requisites

This course is only available to Junior and Seniour Honours students in the LLB (Honours) program.

Notes

This course is also available, as a 30-credit course, to students enrolled in the MA in Legal Studies program (LX 4023). This variation of the course requires an additional element of formative assessment.

Overview

This course chiefly examines theories that attempt to explain why people act in a deviant or criminal manner. We will consider theories that explain deviance (in whole or in part) as the product of (1) biological features of the deviant; (2) economic forces; (3) environmental conditions; and (4) the 'labels' social groups assign to certain types of conduct. We will also look at the means by which criminal statistics are gathered, and the extent to which they are accurate.

Structure

The course is composed of seven one-hour lectures (Topics 1-7) and five one-hour seminars (Topics 3-7). Each student will be required to sign up for one seminar group that will meet fortnightly to discuss Topics 3-7.

Assessment

1st Attempt: 1 two-hour written examination (67%) and one essay of 2,500 words which counts towards the final assessment (33%). There is also one formative 1,500 word essay assigned. MA Legal Studies students will be required to complete an additional formative written assignment.

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 course will examine several contemporary issues in commercial law and practice chosen for their topicality. Topics will be selected from the following: Commerical Codification; Good Faith in Commercial Contracts; Battle of Forms; Finance Leases; Debt Factoring; Comfort Letters; Contract Guarantees and Performance Bonds; Insurance; Bankers' Documentary Credits.

Structure

The course has a minimum of 7 seminars each of 2 hours.

Assessment

1st Attempt: 1 three-hour examination (75%) and 1 essay of 2,500 words (25%).

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 conveyancing honours course examines in detail complex issues arising from contemporary property transmission. These include the list of real rights available in Scots law and its possible extension, tenemental property regimes, boundary disputes and settlement of boundary issues, land registration, real burdens and servitudes, restrictions on the use of land, the use of trusts to emulate real rights, the methods of transmission of property (including missives and electronic conveyancing) and the practical appllication of conveyancing theory to pracrice.

Structure

7 two-hour seminars.

Assessment

1st Attempt: 1 three-hour written examination (100%). Students submit one non-counting essay of 2000 words. This does not count towards the final assessment.

Credit Points

25

Course Coordinator

Mr D Lessels

Pre-requisites

The course is open only to Junior and Senior Honours LLB students. A pass in LS 2503 (Family Law).

Overview

The course embraces a consideration of a number of important topics in contemporary Scots family law. An underlying theme is whether the law in these areas is satisfactory or in need of reform, and what shape reform might take. Seminars will cover divorce law, family mediation, regulation of cohabitation outside marriage, children and medical treatment, the use of DNA evidence in paternity actions, the effects on family law of the European Convention on Human Rights, and future developments in Scots family law.

Structure

There are 7 two-hour seminars, and a 3000 word essay which does not count towards the final assessment.

Assessment

1st Attempt: 1 three-hour examination (100%).

Credit Points

25

Course Coordinator

Ms D McKenzie-Skene

Pre-requisites

LS 2511 or LS 2017. Available only to Junior and Senior Honours candidates for any variant of the degree of LLB with Honours.

Notes

This course is also available to candidates for the MA in Legal Studies as a 30 credit point 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 topics related to the management of companies. Because of the topical nature of the course, the topics studied may vary from year to year but will typically include topics such as limited liability, the duties and accountability of directors, the impact of insolvency on corporate management and corporate rescue.

Structure

1 two-hour seminar per week with structured gap weeks.

Assessment

1st Attempt: An assessed essay of 2,500 words counting for 25% and a 3 hour examination counting for 75%. There is also a short coursework exercise which does not count towards the final mark. The 30 credit point version of the course available to candidates for the degree of MA in Legal Studies requires an additional element of assessment in the form of a written report of the candidate's group presentation (maximum 500 words) which does not count towards the final mark.

Credit Points

25

Course Coordinator

Mr S C Styles

Pre-requisites

LS 1509 (Contract) and LS 2013 (Commercial Law). This course is only available to Junior and Senior Honours Candidates for the LLB with Honours.

Overview

Topics to be examined include Carriage of Goods by Sea, Laytime and Demurrage, Salvage, General Average, Bills of Lading and Containerised Cargoes, Maritime Insurance.

Structure

There will be an introductory lecture followed by 6 fortnightly seminars, and a field trip to a maritime lawyer's office to enable students to experience at first hand the nature of shipping law from a practioner's perspective.

Assessment

1st Attempt: 1 three-hour examination (100%). There is also a compulsory essay of 2,500 words maximum which does not count towards the final degree mark.

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 PIL provisions in the European Union and their implementation in UK Law.

Structure

7 two-hour seminars during the course.

Assessment

1st Attempt: 1 three-hour examination (100%).

Credit Points

25

Course Coordinator

Dr H Lardy

Pre-requisites

LS1512

Notes

Available only as an option for candidates for the degrees of LLB Honours, and to candidates for the degree of MA in Legal Studies. In relation to the MA programme, this is a 30 credit option, and entails an additional element of assessment in the form of a non-counting 1,500 word essay.

Overview

This course concerns the protection of civil liberties and human rights in Scotland. It considers the institutional arrangements for this protection, and specific rights including: freedom of assembly and the right to protest; freedom of expression, pornography and the law of obscenity; the right to vote; and race, religion and civil liberties.

Structure

Minimum 6 seminars of two hours duration; additional classes as necessary to support study of particular topics.

Assessment

1st Attempt: 1 two-hour examination (70%) and in-course assessment (essay of 3,500 words) (30%).

Credit Points

25

Course Coordinator

Dr I Taggart

Pre-requisites

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

Notes

The LX variation of the course is provided for the MA in Legal Studies as a 30 credit point course (LS 4538). This course requires an additional element of a 1,000 word non-counting essay.

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(s) - in the investigation, prosecution and adjudication of crime.

Structure

6 two-hour seminars on a fortnight basis.

Assessment

1st Attempt: 1 two-hour examination (66.6%) and one 3,000 word essay (33.3%).

Credit Points

25

Course Coordinator

Dr R Goldberg

Pre-requisites

LS 1515. Available only to Junior and Senior Honours candidates for LLB with Honours.

Overview

This course builds on the introductory material covered in the level one course on delict/non-contractual obligations by examining a number of aspects of the law of delict in greater detail. The specific topics covered will vary on a year-by-year basis as the course aims to examine issues of topical interest and importance. Some of the topics covered in previous years include: the duty of care; causation; the purpose of damages; vicarious liability of employers; product liability; liability for breach of privacy; liability for pure economic loss; and psychiatric injury.

Structure

1 two-hour seminar every two weeks (6 seminars in total), plus an introductory meeting and a revision meeting.

Assessment

1st Attempt: 1 three-hour written examination (100%). Students are also required to complete one 2,500 word essay, which does not count towards the final mark for the course.

Credit Points

25

Course Coordinator

Dr A Campbell

Pre-requisites

This course is only available to Junior and Senior Honours Candidates for the LLB with Honours, and to LX 4545 students (MA in Legal Studies).

Notes

The course is available for the MA in Legal Studies as a 30 credit course - LX 4545. This variation of the course requires an additonal element of assessment.

Overview

The course considers particular topics of EU law, which may vary from year to year: for example, Citizenship, Regulation 1/2003, Human Rights and EU law, including Articles 6, 8 and 10 of the ECHR.

Structure

6 two-hour seminars, fortnightly unless otherwise arranged.

Assessment

1st Attempt: 1 three-hour examination (100%). One non-counting essay up to 2,500 words for LS 4545 and LX 4545, and an additional non counting essay of 1,500 words for LX 4545.

Credit Points

25

Course Coordinator

Dr L Niglia

Pre-requisites

Available to Honours Level Students only; it is recommended that they have taken LS 2018 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 Convention 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 is 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.

Structure

6 two-hour seminars.

Assessment

1st Attempt: In-course assessment (50%) and 1 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 is an examination and critical evaluation of planning law in Scotland. It considers the role of planning policy and the concept of "material considerations" in the planning decision process. The legal limits of planning conditions and agreements are examined. Challenges to planning decisions and the process and outcome of planning law reform are also studied. The course is underpinned by an examination of the law in a socio, economic and political context. It starts with an introductory lecture forward by a series of seminars. Appropriate guest lecturers are included as appropriate.

Structure

1 two-hour introductory lecture, 1 two-hour seminar per fortnight.

Assessment

1 two-hour examination (66.6%) and 1 essay (33.3%).

Credit Points

25

Course Coordinator

Dr A Pillai

Pre-requisites

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

Notes

This course is also available to candidates for the MA in Legal Studies as a 30 credit point course (LX 4549). This variation of the course will require an additional element of assessment.

Overview

This course will examine the key concepts shaping environmental law in the UK. Students will identify and analyse the different approaches to environmental regulation in the UK and examine some key examples of environmental regulation in the UK and in Scotland. Students will gain an understanding of the principles driving the development of environmental law (including sustainable development, polluter pays and the precautionary principle) at the national level as well as the wider European and international context. The primary objective of the course is to enable students to critically assess UK environmental law within the wider political, economic and social context.

Structure

1 two-hour seminar per fortnight.

Assessment

1st Attempt: 1 essay (25%) and 1 two-hour examination (75%).

Credit Points

25

Course Coordinator

Dr R Dunbar

Pre-requisites

None.

Notes

This course is also available to candidates for the MA in Legal Studies as a 30 credit point course (LX 4550). This variation of the course will require an additional element of assessment.

Overview

The course will begin with a consideration of the theoretical underpinnings and historical development of the GATT. The nature of the WTO its methods for resolving trade disputes, and its norms will then be considered and critically assessed. The course will consider the core principles of the GATT, the principle exceptions to those core principles and the theoretical bases for such exceptions. Particular attention will be given to the interaction between trade law and other matters of international concern, and the "trade and ..." controversies - trade and the environment, trade and human rights, trade and labour rights, trade and culture - will be considered.

Structure

1 two-hour seminar every second week.

Assessment

1st Attempt: One 2,500 word essay (25%) and 1 three-hour degree examination (75%).

Credit Points

25

Course Coordinator

Mr M Bowler-Smith

Pre-requisites

Available only to Junior and Senior Honours candidates for LLB with Honours, and to Honours MA students (including Honours MA Legal Studies students).

Notes

For Honours MA students (including Honours MA Legal Studies students) the course has a credit point value of 30, which requires an additional element of assessment.

Overview

Students will acquire an understanding of taxation theory as it relates to law. Study will focus on current areas of interest and potential dispute within the context of the current model and through self-motivated research, will engender deep understanding of these issues. Skills will be developed through group discussions. Presentation and analysis of both oral and written submissions will assist students in this process. In particular the course will assist in developing transferable skills such as:- Problem solving; research; information analysis; writing; and time and project management.

Structure

7 two-hour seminars covering the range of topics set out for study.

Assessment

1st Attempt: 1 two-hour examination (66.6%) and one 3,000 word essay (33.3%).

Credit Points

25

Course Coordinator

Professor F Lyall

Pre-requisites

This course is only available to Junior and Senior Honours candidates for LLB with Honours. Familiarity with Public International Law is recommended but not required.

Notes

The course is available for the MA in Legal Studies as a 30 credit point course (LX 4522). These variations of the course requires an additional element of assessment.

Overview

Topics will likely include Sources of Space Law, the 'Boundary Question', the major UN Space Law Treaties (Moon Agreement unlikely to be covered), the international telecommunications institutions and the consequences and implications of their privatisation, the International geostationary orbit, and problems of remote sensing. An urgent new problem may displace or amend one of these topics.

Structure

7 two-hour seminars - duplicated if class has to split for reason of numbers.

Assessment

1st Attempt: 1 three-hour examination (100%); and 2500+ essay - does not count for final assessment. MA students have an essay of c3000+ words, which similarly does not count for final assessment.

Credit Points

25

Course Coordinator

Dr H Lardy

Pre-requisites

LS 2007. Available only to Junior and Senior honours candidates for LLB degree.

Notes

The course is available to candidates for the MA in Legal Studies as a 30 credit option (LX 4553). This variation of the course will require an extra element of assessment, comprising a non-counting essay of 2,000 words.

Overview

The course examines the legal and medical debates surrounding the following topics-

• Introduction to medical ethics


• Euthanasia


• Abortion


• Infertility and Assisted Reproduction


• The Body as Property


• Consent to Medical Treatment


• The Genetic Revolution: Genetic Screening and Wrongful Life

Structure

8 seminars of 2 hours duration (time to be arranged).

Assessment

1st Attempt: One written examinations of three hours duration (75%) and one assessed essay of 3,000 words (25%) based upon a set title on a topical issue of medical ethics not covered by seminars.

Credit Points

25

Course Coordinator

Mr M Radford

Pre-requisites

LS 1012 Foundations of Public Law; LS 1512 Civil Liberties and Human Rights

Notes

Available only to Junior and Senior Honours candidates for LLB with Honours, and candidates for the MA in Legal Studies. In relation to the MA programme, this is a 30 credit course and entails and additional element of assessment in the form of a non-counting 1,500 word essay.

Overview

This course examines the ways in which public administration is regulated. Topics covered include: the nature of public administration and administrative law; mechanisms by which public administrative power is regulated, by reference to particular topical case studies; the development, role and impact of judicial review in both Scotland and England.

Structure

1 two-hour seminar a week for ten weeks.

Assessment

1st Attempt: 1 three-hour examination (75%) and in-course assessment: one 2,500 word essay (25%).

Credit Points

25

Course Coordinator

To be advised

Pre-requisites

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

Overview

The course will focus on the use of Corpus Juris by various legal movements from the Middle Ages till the present day, their methodology, their principal exponents, and their lasting impact on modern law. This will be done in seminars and lectures and students' independent work.

Structure

2 two-hour lectures, 6 two-hour seminars.

Assessment

1st Attempt: 1 three-hour written examination (66 1/3%) and an essay of 4,000 words (33 1/3%).

Credit Points

25

Course Coordinator

To be advised

Pre-requisites

This course is available only to Junior and Senior Honours Candidates for the LLB and Honours MA Legal Studies students.

Notes

For Honours MA Legal Studies students the course has a credit point value of 30. This variation of the course requires an additional element of assessment.

Overview

The course aims to analyse how International Law has regulated the use of force. The main topics of the course are the evolution of the legal standards on the use of force in International Law, how international legal scholars have addressed this issue, what kinds of legal arguments have been used by the doctrine, what types of arguments governments tend to use to "justify" the use of force in international situations, how International Law has reacted to the most recent cases involving the use of force in International Law and what are the implications of the current legal construction of the use of force in the field of international politics. The course will examine issues from the standpoint of a number of disciplines in order to gain a critical understanding of how legal categories are constructed.

Structure

6 two-hour seminars fortnightly.

Assessment

1st Attempt: Written examination, 3 hours and an essay (2,500 words) which does not contribute to the overall degree assessment.

Credit Points

25

Course Coordinator

Dr R Goldberg

Pre-requisites

This course is only available to Junior and Senior Honours Candidates for the LLB with Honours.

Overview

The course considers particular topics of Industrial Property Law, which may vary from year to year: for example, patentable subject matter, novelty, inventive step, passing off and trade marks.

Structure

7 two-hour seminars, fortnightly unless otherwise arranged.

Assessment

1st Attempt: 1 two-hour examination. 1 essay up to 3,000 words, contributing 33% of the final examination mark.

Credit Points

25

Course Coordinator

Dr X Yang

Pre-requisites

Open only to LLB Honours students.

Overview

Essentials of transnational litigation; territorial jurisdiction and its ramifications in international law; the notion of State immunity and exceptions thereto under current international law; the notion of universal jurisdiction; the protection of human rights and the issues of jurisdiction; the role of international tribunals.

Structure

1 two-hour seminar every two weeks.

Assessment

1st Attempt: 1 three-hour written examination (100%).

Resit: Not normally applicable.

Credit Points

25

Course Coordinator

Dr D McCann

Pre-requisites

Available only to candidates for LLB with Honours.

Notes

This course will be available in the second half-session of 2008/09.

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


• Redundancy


• Discrimination


• Trade unions and industrial action

Structure

10 one-hour lectures and 5 two-hour seminars.

Assessment

1st Attempt: 1 three-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 will be available in the first half-session of 2009/10. Candidates for the MA in Legal Studies may take this course as a 30 credit option (LX 4021). This requires an extra element of assessment in the form of a non-counting essay of 2,000 words in length, on a topic relevant to the course of the candidates choice.

Overview

The course covers the topics which may vary from year to year but include for example-

• Surveillance and Technology


• Racial segregation


• Affirmative action on ground of race


• Voting and democracy


• The Right to Privacy - Abortion

NB This content reflects the interests of teaching staff in session 2007-2008, and may vary in consequence of changes to that teaching team.

Structure

6 seminars of 2 hours duration (times to be arranged).

Assessment

1st Attempt: 1 three-hour written examination (100%). A non-counting essay of 2000-2500 words, and for MA Legal Studies students an additional non-counting essay of 2000 words.