LAW

Credit Points

15

Course Coordinator

Dr I Taggart

Pre-requisites

None

Overview

The course introduces students to key aspects of Scottish criminal law including the notion and anatomy of crimes and the essential elements of the major common and statutory law crimes. The course concentrates on substantive issues of Scots criminal law including crimes against the person, property, inchoate crimes, art and part guilt and appropriate defences.

Structure

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

Assessment

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

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

Formative Assessment

Non-counting essay mid-way through the term.
Non-counting practice examination.

Feedback

Students receive written feedback on the essay and practice exam.

The practice exam questions are discussed in a lecture and
students attaining a mark of 5 or less in that exam are invited to attend a meeting to discuss their mark and any difficulties they may be encountering.

Students who fail the final exam have the option to go over their first paper prior to the resit.

All students are advised they may contact staff at any time on issues related to the course.

Feedback also occurs on an ongoing basis in the form of tutors' comments on students' contributions in tutorials.

Credit Points

15

Course Coordinator

Mr David Lessels

Pre-requisites

None

Notes

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

Overview

The course will contain a coverage of: the characteristics of civil and criminal procedure; key events in the historical development of the Scottish legal system eg. the Treaty and Act of Union 1706-7, the Scotland Act 1998, the Human Rights Act 1998; the hierarchy and organisation of the Scottish civil court and tribunals system and (in outline) the main English courts; the formal sources of Scots law and their relative authority inter se; the rules and approaches to statutory interpretation; the operation of the system of binding precedent; European law making institutions and the European sources of law; the procedural stages through which a civil action moves from initiation to final resolution; nature, roles, structure, standards and regulation of the legal profession in Scotland; alternative methods of resolving disputes eg. mediation, arbitration.

Structure

36 one-hour lectures and 4 one- hour tutorials.

Assessment

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

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

Formative Assessment

1. Two library exercises where students have to search for materials in the Law Library.


2. During one of the tutorials students have to work in teams of three answer a set of questions from a file of materials provided by the tutor who, at the end of the tutorial, reviews their written answers.


3. Two quizzes on the organisation and jurisdiction of the Scottish and English civil courts.


4. A Practice exam held in the seventh week of the semester.


5. On a less formal basis, verbal feedback is given during tutorial discussions.

Feedback

The assessment in para. 1 above is marked by the student's tutor and returned with detailed written comments.

The assessment in para. 2 - oral feedback is given by the tutor at the close of tutorial
The quizzes in para 3 are gone over in a lecture after students have had time to prepare their answers.

For the Practice exam mentioned in para 4, very detailed written feedback comments are put on each script, supplemented by a lecture hour which goes over all aspects of the exam performance.

Appointments are given to all candidates who did particularly poorly, and there is a general invitation to any member of the class who wishes to do so to discuss performance in this foundational course.

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 per week and a total of 4 one-hour tutorials.

Assessment

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

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

Formative Assessment

Non-counting practice examination in Week 9 of term.

Feedback

Students receive written feedback on the practice exam in the form of a comprehensive model answer.

Staff operate an open door policy and encourage students wishing additional feedback to seek same.

Students who fail the final exam have the option to go over their first paper prior to the resit.

Feedback is also provided through tutors comments in tutorial sessions.

Credit Points

15

Course Coordinator

Dr N Alvarez

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

36 hours of lectures and 3 one-hour tutorials.

Assessment

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

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

Formative Assessment

One compulsory non-counting essay of 1,500 words.

Feedback

Written feedback is provided on the non-counting essay.
Feedback is provided on an ongoing basis by tutors on the student's contributions in tutorials.

Students who fail their assessment in the first sitting may seek feedback thereon in advance of the resit diet.

Credit Points

15

Course Coordinator

Dr I Couzigou

Pre-requisites

Legal System. Available only to students in Level 2 or above in 2011/2012

Notes

The course is compulsory for students on the degrees of LLB and French Law and LLB and Belgian Law. The course is optional for students on other LLB programmes and on the MA Legal Studies.

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 studied.

Structure

11 two-hour seminars

Assessment

1st Attempt: One 2,000 word essay (25%); 1 two-hour exam (75%).

Resit: Exam paper will count for (75%) of the overall mark. The assignment mark will be carried forward (25%).

Formative Assessment

Feedback on the assignment will be given in writing.

Feedback will be provided on an ongoing basis through seminar leaders comments on the students contributions in class.

In advance of resit, students who fail at first diet will have the opportunity to seek feedback on their examination performance.

Credit Points

15

Course Coordinator

Mr S Styles

Pre-requisites

Foundations of Private Law.

Overview

The course provides students with a sound knowledge of the core principles of the law of contract (an essential element of any legal system without which commerce could not function) with particular reference to the Law of Scotland. The course will include a consideration of such issues as how contracts are formed, the incorporation of legal terms, the circumstances in which apparent contracts are rendered legally and void, the legal regulation of unfair terms, breach of contract and remedies for breach.

Structure

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

Assessment

1st Attempt: One multiple-choice objective test (20%); 1 two-hour examination (80%). Note: In the event that a student misses the objective test for good cause, assessment will be by examination only.

Resit: One multiple-choice objective test (20%) carried forward from previous sitting (subject to the same good cause proviso noted above); 1 two-hour examination (80%).

Formative Assessment

Practice examination.

Feedback

A tutorial is given over to discussing the practice examination.

Students who fail the final exam have the option to go over their first paper prior to the resit.

Feedback also occurs on an ongoing basis in the form of tutors' comments on students' contributions in tutorials.

Credit Points

15

Course Coordinator

Mr M Radford

Pre-requisites

None.

Overview

The course will cover: the concept of constitutional law and constitutions; human rights as a control on government; UK constitution and sources of the UK constitution; Parliamentary supremacy; the rule of law; the separation of powers; Human Rights Act 1998 & European Convention on Human Rights and their operation in practice; freedom of information; composition, powers and functions of the UK Parliament and government; devolution and its impact on the UK; composition, powers and functions of the Scottish Parliament and government; local government in Scotland; right to protest; role of the courts in public law; freedom of expression.

Structure

3 one-hour lectures per week and a programme of 5 one-hour tutorials during the course.

Assessment

1st Attempt: 1 two-hour written examination (75%) and continuous assessment (1,500 word essay) (25%).

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

Formative Assessment

WebCT quizzes on key topics which allow students to test their knowledge and understanding and to obtain feedback on their answers. Each quiz can be taken as many times as the student wishes and can be used as revision tools.

Feedback

Formative assessment
Feedback is to be provided as part of the answers to questions in the WebCT quizzes.

Summative assessment
Essay - feedback is to be provided on an individual basis by comments on each student's essay. A feedback sheet will be produced that will contain details of the appropriate approach and information concerning commonly encountered errors. There will also be a feedback session for the whole class where the feedback will be discussed and questions answered.
Exam - individual feedback on performance in available on request.

Credit Points

15

Course Coordinator

Dr K Fullerton

Pre-requisites

None.

Notes

Restricted to students of LLB and MA Legal Studies Degrees.

Overview

The course will cover: distinctive features of legal literature; key primary, secondary and tertiary UK legal information sources; search strategies for efficient and effective searching and updating of information; European legal information sources; use of electronic resources; appropriate search strategies and the relationship between paper and electronic sources; legal investigation process; critical evaluation of documentary materials and online resources; types of legal research and research methodologies; use of numerical/statistical data in legal argument; Ethical dimension to legal research; communication skills for lawyers; academic writing; use of authority; legal citation and referencing; oral presentation skills; group working and an introduction to clinical legal skills.

Structure

18 one-hour lectures and 5 two-hour workshops.

Assessment

1st Attempt: Critical analysis exercise (25%); Group oral presentations (25%) (group); Research essay (50%). Requirement for submission of the completed Reflective logbook (0%).

If a student does not achieve a pass of 9 when all elements of assessment are taken into account, a resit attempt will be offered in respect of the elements not passed at first attempt.

Formative Assessment

WebCT quizzes on information retrieval topics allow students to test their knowledge and understanding and to obtain feedback on their answers. Each quiz can be taken as many times as the student wishes and can be used as revision tools.

Feedback

Formative assessment
Feedback is to be provided as part of the answers to questions in the WebCT quizzes.
The workshops on paper information sources, using specialist legal electronic databases, critical analysis, legal writing and group work will all involve either preparation and/or contain a practical exercise and feedback is to be provided as part of each workshop.

Summative assessment
Critical analysis exercise - feedback is to be provided on an individual basis by comments on each student's work. A feedback sheet will be produced which will contain details of the appropriate approach and information concerning commonly encountered errors.
Oral presentation - feedback will be provided to each group on the day of the presentation
Essay - feedback is to be provided on an individual basis by comments on each student's work. A feedback sheet will be produced which will contain details of the appropriate approach and information concerning commonly encountered errors.

Credit Points

15

Course Coordinator

Dr C Kee

Pre-requisites

None.

Overview

The course will be taught in seminars, where active student participation will be expected. Seminars will take place once per week and will last for two hours to accommodate role play of case studies.

Role plays will involve students familiarising themselves with case study scenarios which disclose facts and circumstances as known to one party to the dispute. Students will be expected to use this information to prepare for interviewing, negotiation and/or mediation of disputes. Students will have the opportunity to undertake role-played exercises for practice in class before submitting to an assessed role-play.

Structure

1 two-hour seminar per week.

Assessment

1st Attempt: Negotiation role-play (60%), written examination which students complete at home in a fixed timescale (40%).

If a student does not achieve a pass of 9 when all elements of assessment are taken into account, a resit attempt will be offered in respect of the elements not passed at first attempt.

Formative Assessment

Students carry out a self analysis of approach to dispute resolution using a psychometric testing tool, for personal information, and feedback is given on the limitations of such a tool, but the benefit of reflecting on personal approaches to and perceptions of disputes. Students are required to search for web sources providing guidance on approaches to negotiation of disputes.

Students perform role plays in class on which immediate feedback is given on skills and effective use of dispute resolution process.

Feedback

All classes are interactive and involve role play for experiential learning. Immediate verbal feedback is given to participants, who also carry out informal peer evaluation under staff guidance.

Credit Points

15

Course Coordinator

Dr I Couzigou

Pre-requisites

Legal System. Available only to students in Level 1 in 2011/2012

Notes

The course is compulsory for students on the degrees of LLB and French Law and LLB and Belgian Law. The course is optional for students on other LLB programmes and on the MA Legal Studies.

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 studied.

Structure

11 two-hour seminars .

Assessment

1st Attempt: One 2,000 word essay (25%); 1 two-hour exam (75%).

Resit: Exam paper will count for (75%) of the overall mark. The assignment mark will be carried forward (25%).

Feedback

Feedback on the assignment will be given in writing.

Feedback will be provided on an ongoing basis through seminar leaders comments on the students contributions in class.

In advance of resit, students who fail at first diet will have the opportunity to seek feedback on their examination performance.

Credit Points

15

Course Coordinator

Dr J Fitchen

Pre-requisites

This course is not available to LLB Students. There are no pre-requisites for this course.

Overview

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

Formative Assessment

The students are presented with an opportunity to engage in a non-assessed written tutorial exercise which is handed in, marked and returned to the students with feedback before the scheduled assessed coursework is to be handed in.

Feedback

The students have a minimum of two opportunities to receive feedback from staff before their final exam. Firstly, there is feedback upon the non-assessed formative assessment represented by the written tutorial exercise. Secondly there is feedback provided upon the assessed coursework: this feedback takes two forms, a general feedback pointing out common errors which is posted on WebCT, and, specific written feedback on the returned pieces of assessed coursework.

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).

Formative Assessment

Feedback

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%).

Formative Assessment

Feedback

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).

Formative Assessment

Feedback

Credit Points

10

Course Coordinator

Mr M Combe

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%).

Formative Assessment

Feedback

Credit Points

15

Course Coordinator

Ms D McKenzie-Skene

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).

Formative Assessment

Feedback

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.

Formative Assessment

Feedback

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.

Formative Assessment

Feedback

Credit Points

15

Course Coordinator

Miss L Cromar

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).

Formative Assessment

Feedback

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).

Formative Assessment

Feedback

Credit Points

5

Course Coordinator

Dr N Alvarez

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 socio-political 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%).

Formative Assessment

Feedback

Credit Points

15

Course Coordinator

Dr C Kee

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.

Formative Assessment

Feedback

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, 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%).

Formative Assessment

Feedback

Credit Points

15

Course Coordinator

Prof. Paul Beaumont and Dr Katarina Trimmings

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 (75%); continuous assessment (25%).

Resit: 1 two-hour examination (75%); continuous assessment (25%) carried forward.

Formative Assessment

Assessed essay (25%).

Feedback

Credit Points

10

Course Coordinator

Dr A Simpson and Mr M Combe

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

1 two-hour lecture per week (with an appropriate break) (Thursday at 9.00am).

Assessment

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

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

Formative Assessment

Feedback

Credit Points

15

Course Coordinator

Dr 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%).

Formative Assessment

Feedback

Credit Points

15

Course Coordinator

Mr S Styles

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).

Formative Assessment

Feedback

Credit Points

10

Course Coordinator

Miss L Cromar

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%).

Formative Assessment

Feedback

Credit Points

10

Course Coordinator

Mr M Radford

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.

Formative Assessment

Feedback

Credit Points

5

Course Coordinator

Dr A Simpson

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).

Formative Assessment

Feedback

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

Dr A Simpson

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 G Gordon

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

25

Course Coordinator

Dr T Gyorfi

Pre-requisites

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

Notes

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 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 2,000-2,500 words, and for MA Legal Studies students a non-counting essay of 2,000 words.

Credit Points

25

Course Coordinator

Dr C Kee

Pre-requisites

Available only to 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 8 December 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 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 3,000 words. This does not count towards the final assessment.

Formative Assessment

WITHDRAWN FOR 2011/12 DUE TO STAFF SABBATICAL

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 2,500 words is required for formative assessment purposes only.

Formative Assessment

WITHDRAWN FOR 2011/12 DUE TO STAFF SABBATICAL

Credit Points

25

Course Coordinator

Miss A Wilson

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 or MA in Legal Studies.

Notes

This course is available to candidates for the MA Honours candidates 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 aims to provide students with a knowledge and understanding of certain key points in Scottish legal history covering the period from the 14th to the 18th centuries, specifically: Regiam Majestatem, one of Scotland's earliest law books; the centralisation of judicial power which led to the founding of the College of Justice (now the Court of Session) in 1532; why legal education failed in Scotland before the 18th century and how this influenced the Scottish reception of Roman law; how admission as an advocate was achieved in the 16th-18th centuries; the writings of three of Scotland's most influential jurists, Craig, Stair and Bankton; and how the Union of 1707 affected Scots law, and why jurisdiction of the House of Lords was achieved for Scottish civil but not criminal trials. By the end of this course, the student should have an understanding of the general picture of Scottish legal history as well as first-hand experience dealing with primary sources.

Structure

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

Assessment

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

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 2,500 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 1½ hours each meeting.

Assessment

1st Attempt: 1 three-hour examination (100%). One essay of 2,500 words is required for formative assessment purposes only.

Formative Assessment

WITHDRAWN FOR 2011/12 DUE TO STAFF SABBATICAL

Credit Points

25

Course Coordinator

Dr C Roodt

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:

• Liability of sellers and buyers for the illicit trade in art and antiques


• Liability of sellers and auctions houses for attributions of works of art.


• Art loan agreements and anti-seizure statutes.


• Title of issues in art and antiques


• Claims to Nazi-spoliated art.

Structure

1 two-hour seminar per fortnight.

Assessment

1st Attempt: 1 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

This course will consider the role of law in the organisation and management of rural Scotland. This is a seminar based course which offers a critical examination of specific topics relevant to the countryside including agricultural holdings, crafting, access to the countryside, community right to buy, nature conservation, national parks and rural planning. The course normally includes student presentations (non assessed) and a guest lecture.

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

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 understanding 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 2,500 word essay (25%).

Credit Points

Course Coordinator

Professor F Becker

Pre-requisites

LS 1011, LS 2517. This course is available only to Junior and Senior Honours candidates for LLB with Honours.

Notes

The course is also available to candidates for MA in European Studies or Legal Studies as a 30-credit course (LX 4050), which variation requires an extra element of assessment.

Overview

Constitutional framework of the EU intervening into the economic system; basic concepts on the relationship of state(s) and economic systems; fundamental rights and freedoms (of services, goods and capital) as a framework of economic activity; selected topics of EU economic law: state aids, state owned companies.

Structure

This course will be taught in two blocks of classes concentrated in two different (non-consecutive) weeks.

Assessment

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

Formative Assessment

Feedback

Credit Points

25

Course Coordinator

Miss A Wilson

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 3,000 words which does not count towards the final assessment.

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 thirty 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 3,000 words counting for one third of the overall assessment.

Credit Points

25

Course Coordinator

Mr G Gordon

Pre-requisites

None.

Overview

The precise subjects taught might be adjusted to reflect currently topical issues, but would be drawn from among the following:

• Licensing


• Mature Province Initiatives


• International Maritime Boundaries


• Energy security


• Joint Operating Agreements


• Risk Allocation


• Health and Safety at Work offshore


• Decommissioning of Offshore Installations

Structure

One introductory lecture, six fortnightly seminars and a concluding lecture/seminar drawing together the various themes and providing an opportunity for final discussions. This is consistent with normal school practice.

Assessment

1st Attempt: 1 three-hour written exam (closed book) (100%), which may include a compulsory question (students would also be required to submit a formative (non-counting) 2,500-word essay).

Resit: When needed only.

Formative Assessment

Feedback

Credit Points

25

Course Coordinator

Mr P Masiyakurima

Pre-requisites

None.

Notes

This course is only available to Junior and Senior LLB Honours students.

Overview

1. Legal structures for business and the importance of limited liability


2. Lifting the Corporate veil


3. The company’s constitution


4. Management of companies


5. Directors’ duties


6. Minority shareholder rights


7. The Company’s capital

Structure

7 two-hour seminars. This is consistent with normal school practice.

Assessment

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


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

Formative Assessment

Feedback

Credit Points

25

Course Coordinator

Mr T Burns

Pre-requisites

LS 2019: Business law 2 (Law of Business Organisations); LS 2515: Commercial Organisations.

Notes

This course is also available to candidates form the MA in Legal Studies as a 30 credit point course and will require an additional element of assessment.

Overview

The topics shall included the following:

The regulatory framework for corporate finance. Control of the use of the corporate form as a vehicle for raising finance and managing financial risk.

Legal capital: share issues, payment for shares, rights attaching to shares, types of shares, classes of shares, maintenance and reduction of capital; dividends.

Debt finance: unsecured lending and the use of covenants; secured debt, types of security.

Capital markets finance: public offers of equity securities; official listing (London Stock Exchange) ; trading on the Alternative Investment Market.

Corporate bonds: the corporate bond markets; the principal terms found in bonds.

Structure

There will be 7 two-hour seminars. This is consistent with normal school practice.

Assessment

1st Attempt: There will be a three hour final exam (100%).

Resit: When needed only.

Formative Assessment

WITHDRAWN IN 2011/12 DUE TO STAFF SABBATICAL

Feedback

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: 1 two-hour exam (100%). Each student would write a non-counting essay of 2,000 words.

Credit Points

25

Course Coordinator

Mr S C Styles

Pre-requisites

LS 1011, LS 1509, LS 2013. This course is available only to Junior and Senior Honours Candidates for the LLB with Honours.

Overview

This course considers, at an advanced level, a number of themes introduced in the Level 1 course on Contract (LS 1509). The course approaches a selection of current problems in contract law doctrine from the theoretical, comparative and sometimes philosophical perspective. Topics addressed in this course are likely to include the following: the philosophical basis of contract law, purpose of contract law, formation of contract, contractual remedies, factors vitiating consent, exclusion clauses and contractual interpretation.

Structure

2 hour seminar fortnightly.

Assessment

1st Attempt: 1 three-hour examination (100%); in addition students submit one essay of 2,000-3,000 words. This does not count towards the final assessment.

Resit: One resit attempt to be permitted and taken at the next available opportunity.

Formative Assessment

Feedback

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 30 credit point course (LX 4070). 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; fundamental human rights; impact of Union directives on national law; judicial review of Union 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%).

Formative Assessment

Feedback

Credit Points

25

Course Coordinator

Dr H Lardy

Pre-requisites

LS 1012 Foundations of Public Law.

Notes

Available as an option only to candidates for the degree of LLB Honours, and to candidates for the degree of MA 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 1,500 essay.

Overview

This considers the nature and roles of election law in the UK, and the interaction of that law with the idea and practices of representative democracy:

Subjects studied in seminars include:-

• UK election law and principles of 'free and fair elections'


• Voting as a human right


• Electoral rights in Europe


• Crimes and punishments in election law


• Courts and elections; the role of judges in the regulation of electoral democracy


• Representation: candidacy rights, representatives' roles and disqualifications


• Direct democracy: referendum law and practice in the UK constitution

Structure

7 seminars (times to be arranged)

Assessment

1st attempt: 1 three-hour written examination (75%); continuous assessment by essay of 3,500 words (25%)

Resit: When needed only.

Formative Assessment

Feedback

Credit Points

25

Course Coordinator

Dr I Couzigou

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 4073). This version of the course will require an additional element of assessment.

Overview

The course aims to analyse recent developments of public 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 sort law can be a substitute; the question is asked how far globalisation weakens the capacity of states taken together to regulate pressing issues of international society through traditional international law; examples of this problem area are international terrorism, nuclear weapons proliferation, ethnic conflicts, climate change. The course encourages the participant-student to think creatively as an international lawyer to resolve international contemporary dilemmas.

Assessment

1st Attempt: 1 three-hour examination (80%), one counting essay for LLB honours students, two continuing essays for MA students in Legal Studies.

Credit Points

25

Course Coordinator

Dr I Taggart

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

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%).

Formative Assessment

WITHDRAWN NOT AVAILABLE IN 2011/12

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 3,000 word essay which does not count towards the final assessment.

Assessment

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

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.

Structure

7 two-hour seminars during the course.

Assessment

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

Credit Points

25

Course Coordinator

Professor P Duff

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 pre-trial proceedings, the trial and appeals. Against this background, the course examines the role of the major participants - 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

Miss L Cromar

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

Ms A-M Slater

Pre-requisites

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

Overview

Planning Law is the regulation of the development and use of land and property in Scotland. This course considers the statutory land use planning system at national and local level. It offers a detailed examination of key areas including planning policy, and decision making; the role of development plans; the use of conditions; the role of planning obligations; appeals and local review bodies. The law is examined the context of the political, social and economic context which underpinned the development of the statutory regime. The course is supported by appropriate guest lecturers.

Structure

Continuous assessment: one essay worth (33.3%) of the final assessment.

1 two-hour examination worth (66.6%) of the final assessment.

Assessment

1st Attempt: 1 two-hour introductory lecture, 1 two-hour seminar per fortnight.

Resit: 1 two-hour examination (66.6) and 1 essay (3.33%).

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

30

Course Coordinator

Ms A Wilson

Pre-requisites

None.

Overview

Seminar topics have been chosen both to give students an understanding of the changes in legal scholarship during this time and allow them to study in greater detail certain time-periods, developments and laws.

Structure

7 two-hour seminars across the semester, plus an introductory session and a revision session.

Assessment

1st Attempt: Assessment is by a three-hour unseen examination (66.7%) and a 2,500-word essay (33.3%).

Credit Points

25

Course Coordinator

Dr C Ng

Pre-requisites

LS 1512. This course is available to Junior and Senior Honours candidates for LLB with Honours and to Honours MA Legal Studies students.

Notes

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

Overview

This course considers certain current issues in media law. Topics discussed will include the tensions among the conflicting interests within media law, for example the political, the economic, the consumer interests, and the interests of the subject. The course will draw from paradigms in human rights law such as that governing the freedom of the press, consumer protection laws, intellectual property and related rights. The application of these paradigms will be tested against recent cases which have gained notoriety in the press. This course will offer analytical tools for a critical understanding of the law which underpins those and similar cases.

Structure

6 two-hour seminars fortnightly.

Assessment

1st Attempt: An assessed essay (33.3%) of 3,000 words and one 2-hour examination. An additional non-counting essay of 1,500 words for candidates for MA Legal Studies receiving 30 credits.

Credit Points

25

Course Coordinator

Ms C McCrossan

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


• Employment status


• Unfair/constructive dismissal


• TUPE


• Discrimination


• Trade unions and industrial action


• Jurisdiction of employment tribunals

Structure

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

Assessment

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

Credit Points

25

Course Coordinator

Dr J Paterson

Pre-requisites

LS 2019 Business Law 2: Organisations (MA students); LS 2511 Commercial Organisations (LLB students).

Overview

• What is corporate governance and why does it matter?


• Economic, socio-political and hybrid theories of the firm and corporate governance


• Company law and corporate governance and the impact of recent company law reforms in the UK


• Self-regulatory approaches to corporate governance


• Current issues in corporate governance internationally (eg the Sarbanes-Oxley Act in the US; the impact of US and UK approaches on emerging economies such as India; the challenge to US and UK models posed by the financial crisis; etc.)

Structure

One introductory lecture, six fortnightly seminars and a concluding lecture/seminar drawing together the various themes and providing an opportunity for final discussions.

Assessment

1st Attempt: One 3,000-word essay (one-third) and one two-hour written exam (closed book) (two-thirds).

Resit: When needed only.

Formative Assessment

WITHDRAWN FROM 2011/12

Feedback

Credit Points

25

Course Coordinator

Dr T Burns

Pre-requisites

LS 2019: Business law 2 (Law of Business Organisations); LS 2515: Commercial Organisations.

Notes

This course is also available to candidates form the MA in Legal Studies as a 30 credit point course and will require an additional element of assessment.

Overview

The topics shall included the following:

Nature of the multinational company; development and growth of the multinational companies; modern company law and the evolution of group structures; Analysis of the different legal forms of the multinational companies (including contractual formations, equity based groups joint ventures, informal alliances, supranational forms of international business).

The regulation of the multinational companies: role of ideology and theory in shaping the law. Impact of globalisation on multinational companies. Types of regulation. Home country regulations and host country regulation (including the control of inward investment by host states). Taxation problems associated with multinational companies. Group liability and directors’ duties.

Structure

There will be 7 two-hour seminars.

Assessment

1st Attempt: There will be a three-hour final exam (100%).

Formative Assessment

Feedback

Credit Points

25

Course Coordinator

Mrs D McKenzie-Skene

Pre-requisites

LS 2511 Commercial Organisations or LS 2019 Business Law

Notes

The course is available to junior and senior honours students for any variant of the LLB. It is also available to junior and senior honours students for the MA in Legal Studies as a 30-credit course with an additional element of assessment.

Overview

The course will explore the legal theory and practice relating to selected domestic and international corporate insolvency law issues, in particular: directors’ duties in the twilight zone, personal liability of directors, disqualification, corporate rescue, the EC Regulation on Insolvency Proceedings and domestic law provisions on international insolvency including the common law, s 426 of the Insolvency Act 1986 and the Cross-Border Insolvency Regulations 2006.

Structure

There will be 10 two-hour seminars, including an introductory seminar, a seminar involving an outside speaker and a revision seminar, at weekly intervals with structured gap weeks. One of the seminars will involve group presentations.

Assessment

1st attempt: 1 assessed essay (25%) and 1 three-hour written exam (75%).

Resit: One resit attempt to be permitted and taken at the next available opportunity.

Formative Assessment

Feedback

Credit Points

25

Course Coordinator

Dr J Fitchen

Pre-requisites

This course is only available to Junior and Senior Honours Candidates for the LLB with Honours. Previous passes in ‘European Law – Institutions’ (LS 2018) and in ‘EU Substantive Law’ (LS 2517) are prerequisites of enrolment.

Notes

This course is not available to candidates for the MA in Legal Studies.

Overview

The following will be covered.

1. Competition as a microeconomic concept and its translation into a legal concept.


2. The development of European competition law and competition policy.


3. The prohibition upon cartel activities (case study: eg. The Vitamins Cartel).


4. The possibility of exemption for socially advantageous cartels.


5. The prohibition upon abusing a dominant position (case study: eg. Microsoft’s abuse of its dominant position).


6. Enforcement of competition law by the European Commission.

NB. The case study component may be adjusted to reflect topical issues.

Structure

There will be one introductory lecture of 2 hours, six fortnightly seminars of 2 hours and a concluding lecture/seminar of 2 hours drawing together the various themes and providing an opportunity for final discussions.

Assessment

1st attempt: 1 three-hour closed book examination (100%): One essay of 2,500 words will additionally be required for formative assessment only.

Formative Assessment

Feedback

Credit Points

25

Course Coordinator

Miss L Cromar

Pre-requisites

None.

Overview

The evolution of Consumer policy in the EU. The general principles that underpin European Consumer Law. The powers of the Commission, Council and Parliament in making laws and in ensuring their effectiveness in area of consumer protection. Current issues in EU Consumer Law including review of the EU Consumer aquis and the proposal for a Directive on Consumer Rights. Other topics to be explored include EU Product Liability and Safety, EU Consumer Credit Law and the enforcement of consumer rights.

Structure

6 fortnightly two-hour seminars plus an introductory seminar and revision. Student presentations.

Assessment

1st attempt: 1 three-hour exam (75%) and one 1,500 word essay (25%).

Formative Assessment

WITHDRAWN FROM 2011/12

Feedback

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.

Formative Assessment

WITHDRAWN FROM 2011/12

Credit Points

25

Course Coordinator

Miss A Wilson

Pre-requisites

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

Overview

This course examines the application of legal-historical sources in Scottish cases from the last ten years. Use of such sources is increasing at all levels of the Scottish court system, especially in so-called 'difficult' cases. Seminars will consider how well the sources were understood by court and counsel, to what effect they were applied, and ultimately what lessons can be learned from such use of legal history. Emphasis is on the application of Roman law and the Institutional Writers, but that of early status, Acts of Sederunt, cases charters, and continental jurists, will also be considered. No previous study of legal history is required.

Structure

7 two-hour seminars.

Assessment

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

Resit: When needed only.

Formative Assessment

Feedback

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 2,500 words (25%). (MA Legal Studies / European Legal Studies students will have an additional non-counting essay of 1,500 words).

Credit Points

25

Course Coordinator

Dr I Couzigou

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 Public International Law regulates the use of force. It will first analyse the fundamental principle of the prohibition of the use of force between States. It will then examine the current exceptions to the principle; further, what types of arguments States tend to use "justify" the use of force in international relations - and how scholars of international law have addressed this issue. The course will also study how the international community has reacted to the most recent cases involving the use of force on the international plane (in particular the Afghanistan, Iraq, Kosovo and Libya cases) and what the implications are for the evolution of international law in the field of recourse to force. Finally, the course will consider the limits of the legal standards concerning the use of force in the search for a non-violent future.

Structure

6 two-hour seminars.

Assessment

1st Attempt: 1 three-hour examination (80%), one counting essay for LLB Honours students, two counting essays for MA students in Legal Studies.

Credit Points

25

Course Coordinator

Dr Ian Taggart

Pre-requisites

LS 1009

Notes

Available to Honours LLB and MA Legal Studies students only. 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 will consider the sources and development of international criminal law; the “core crimes” of aggression, war crimes, genocide, and crimes against humanity; the crime of torture; defences and immunities available in international criminal law; the modes of prosecution of international crimes.

Structure

Seven (7) two hour seminars. These will take place fortnightly apart from the final seminar which will take place one week from the penultimate one.

Assessment

1st Attempt: 1 three-hour written examination (100%); students are also required to complete one formative (non-counting) 2,000 word essay and participate in a mock trial (non-counting).

Credit Points

25

Course Coordinator

Dr T Gyorfi

Pre-requisites

Available only to Junior and Senior Honours candidates for LLB with Honours who have passed LS 1512.

Notes

Candidates for the MA in Legal Studies may take this course as a 30 credit option (LX 4570).

Overview

This course is intended to offer comparative insights into systems of rights protection in six different countries (France, Germany, Italy, Spain, UK and US). A survey of structural issues (constitution making, judicial review, etc) is followed by discussions of select problems of fundamental rights protection in courts using examples of privacy, equality and freedom of religion.

Structure

One introductory lecture, six seminars and a concluding lecture/seminar drawing together the various themes and providing an opportunity for final discussions.

Assessment

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

Formative Assessment

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