LAW

Credit Points

15

Course Coordinator

Dr I Taggart

Pre-requisites

Available to LLB and MA Legal Studies students only

Notes

Available to LLB and MA Legal Studies students only.

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 practice examination.

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

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

Credit Points

15

Course Coordinator

TBA

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 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 which require students have to search for materials in the Law Library.


2. During one of the tutorials students have to work in teams of three to 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.

Co-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 Z Yihedgo

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, the law of treaties, the relationship of municipal and international law in the UK, the United Nations, and 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

TBC

Feedback

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

Mr S Styles

Pre-requisites

Foundations of Private Law.

Co-requisites

None.

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

Dr A Perry

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 4 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 Christopher 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.

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 French Law, both private and public law aspects. It outlines the study of the law and the legal profession in France, the French court system, the structure of the French legal continental system, the territorial organisation of France, as well as key aspects of French constitutional law, administrative law, contract law and tort liability. A knowledge of French is not necessary.

Structure

8 two-hour lectures.
3 two-hour seminars.
Attendance to both lectures and seminars is compulsory.

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

7.5

Course Coordinator

Dr A. E. L. Brown

Pre-requisites

Legal System LS 1021.

Co-requisites

Legal Method LS 1522

Overview

This course will explore the key elements, institutions and procedures of the English legal system.

Structure

19 lectures, 3 tutorials (one dedicated to English law focussed research skills).

Assessment

1st Attempt: 1 one-and-a-half-hour examination (70%) and 1 research exercise (30%).

Resit: 1 two-hour examination.

Formative Assessment

1. Formative essay will be written in the fifth week of the semester.
2. A Practice exam held in the seventh week of the semester.
3. 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 within 2 weeks of submission.

For the Practice exam mentioned in para 2, written feedback comments are put on each script, supplemented by a lecture hour which goes over all aspects of the exam performance. The Course Coordinator organises appointments to see all candidates who did particularly poorly, and also extends a general invitation to nay member of the class who wishes to discuss his or her performance.

Credit Points

7.5

Course Coordinator

Dr I Taggart

Pre-requisites

Criminal Law LS 1020

Overview

The course will explore and critically evaluate key principles of English criminal law, building on previous exploration of similar concepts in Scots law. It will consider the meaning of mens reus and actus reus, bases for liability and other mental elements; homicide and non-fatal offences against the person; property offences; inchoate offences; and general defences.

Structure

17 one-hour lectures and 2 one-hour tutorials.

Assessment

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

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

Formative Assessment

A Practice exam held in the seventh week of the semester;
on a less formal basis, verbal feedback is given during tutorial discussions.

Feedback

For The Practice exam mentioned in para 2, written feedback comments are put on each script, supplemented by a lecture hour which goes over all aspects of the exam performance. The Course Coordinator organises appointments to see all candidates who did particularly poorly,and also extends a general invitation to any member of the class who wishes to discuss his or her performance.

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

Mr G Gordon

Pre-requisites

Legal System; Legal Method

Overview

This course provides students with a knowledge and understanding of the key features of the law of unjustified enrichment and delict in Scots law. In particular, it considers the function and structure of the areas of law under discussion. The course will consider such topics as different forms of unjustified enrichment, the key principles of the law of negligence and breach of statutory duty, deliberate wrongs (including defamation and the intentional economic delicts), the law of damages and law of prescription and limitation as pertains to delict.

Structure

30 one-hour lectures (generally 3 per week) and a total of 4 one-hour tutorials.

Assessment

1st Attempt: 1 one-hour examination (75%) and one 1,500-word written damages quantification exercise and report to a client (25%, which mark carries forward to resit diets).

1 two-hour examination (75%) and one written damages quantification exercise carried forward (25%).

Formative Assessment

A tutorial problem question write-up.

Feedback

Written feedback will be on the students' formative problem question and a note on common errors will be provided.
Written feedback will be on the students' summative exercise and a note on common errors will be provided.

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

Feedback will be provided on an ongoing basis in tutorials in the form of tutors' responses to students' contributions in class.

Credit Points

15

Course Coordinator

Miss L Cromar

Pre-requisites

Legal System; Legal Method

Overview

Introduction and history of the EU. EU Institutions (including preliminary rulings). Sources and supremacy. General principles of EU Law. Direct effect of EU Law. State liability and judicial review. Fundamental rights. The Single Market. Persons and Citizenship. Establishment and Services. Free Movement of Goods. Competition Law.

Structure

3 one-hour lectures over 12 weeks ? 36 hours of lectures in total and 4 one-hour tutorials.

Assessment

1st Attempt: Assessed coursework (25%) ( essay 2,000 words) - 1 two-hour written exam (75%).

Resit: Assessed coursework (25%) ( essay 2,000 words) - 1 two-hour written exam (75%).

Formative Assessment

Students will be required to submit a non-counting written answer to a tutorial problem.

Feedback

The tutorial exercise will be returned with a mark and written feedback.

The assessed essay will also be returned with written feedback.

Feedback will be given on an ongoing basis in tutorials in the form of tutors' responses to students' in-class contributions.

Anyone who fails the exam may, if they approach the course co-ordinator, receive oral feedback on his/her exam performance.

Credit Points

15

Course Coordinator

Mr M Combe

Pre-requisites

Legal System; Foundations of Private Law

Available only to LLB students in Programme year 2 or above and graduates on the 2 year degree, except with permission of the Head of School. It is not open to any students on any other degree programme.

Overview

This course builds upon the introduction to key property concepts provided in Foundations of Private Law in order to provide students with a broad knowledge of the key features of the system of heritable and movable property ownership 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, 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, the law of servitudes, leases and securities, and the basic concepts of intellectual property law.

Structure

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

Assessment

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

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

Formative Assessment

Students will be required to submit one non-counting answer of around 800-1,000 words to a problem question.

Feedback

A lecture will be given over to discussing the answer to the problem question.

A model answer will be provided and the students' work returned with written comments thereon.

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

Feedback will be provided on an ongoing basis in tutorials in the form of tutors' responses to students' contributions in class.

Credit Points

15

Course Coordinator

Dr A Simpson & Dr A Wilson

Pre-requisites

None.

Overview

This course will introduce students to the main points of Scottish legal history from the fourteenth to the eighteenth centuries (eg. the legal literature and notable jurists, the development of the courts and procedure, periods of flux and reform). It will also introduce them to the method of doctrinal legal history.

Structure

3 one-hour lectures per week for 8 weeks (24 in total), as well as three one-hour tutorials and two two-hour workshops.

Assessment

1st Attempt:1 two-hour written examination.

Resit:1 two-hour written examination.

Formative Assessment

In or around week three, students will be required to complete an online multiple-choice quiz, for which they will receive feedback instantly through myAberdeen. In or around week ten, students will be required to submit one non-counting answer of around 500 words to a question examined in the workshops. A model answer to the question will be provided and the students' work returned with written comments thereon. A feedback lecture will be held after the exam results are returned.

Feedback

Feedback will also be provided on an ongoing basis in tutorials in the form of tutors' responses to students' contributions in class.

Credit Points

7.5

Course Coordinator

Mr G Gordon

Pre-requisites

Available only to candidates for the degree of LLB in programme year 2 or above.

Only ordinarily available to students on one of the 5-year Law with, LLB programmes, students who commenced their studies prior to 2011/12 and who are resuming their studies after a period of absence or part-time students who commenced their studies prior to academic year 2011/12.

Not available to students who have studied Legal System (LS 1021).

Overview

The course will contain a coverage of: the nature, roles, structure, standards and regulation of the legal profession in Scotland and an introduction to the legal professional's key skills.

Structure

Teaching will be by means of 4 substantive full-class seminars and 3 skills workshops.

Assessment

1st Attempt: No examination, coursework only Coursework: One 1,500-word essay (50%); 1 unit of assessment comprising a role-played skills exercise which will be assessed both with regard to the skills and knowledge shown in the exercise itself (30%) and the degree of insight demonstrated in a 600-word piece reflective writing thereon (20%). Students must pass both units of assessment to pass the course.

Any student failing the essay will be required to submit an essay of the same length on a different topic. Any student who overall fails the unit of assessment comprising the skills exercise and piece of reflective writing will be required to complete a second skills exercise and write a further 600 word piece of writing reflecting.

Formative Assessment

Students will be given during the skills workshops an opportunity to practise their interviewing, negotiating and advocacy skills in advance of the assessment.

Feedback

Essay will be returned with detailed comments thereon and students will have the opportunity to discuss with staff member if desired. Written feedback will also be provided on the skills element.

Credit Points

7.5

Course Coordinator

Professor R Paisley

Pre-requisites

Available only to candidates for the degree of LLB in programme year 2 or above.

Only ordinarily available to students on one of the 5-year Law with LLB programmes. Not available to students who have studied Conveyancing (LS 3007).

Overview

The course will contain a coverage of: The nature and key elements of the Scottish system of land law and land registration, the essential elements of the law of servitudes, lease and securities over land and the key elements of the law of missives.

Structure

Teaching will be by means of 12 one-hour lectures and 2 tutorials.

Assessment

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

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

Formative Assessment

Students will be required to submit a 600-word answer to a tutorial problem and will receive feedback thereon.

Feedback

Students will be required to submit a 600-word answer to a tutorial problem and will receive feedback thereon.

Credit Points

15

Course Coordinator

Dr T Burns

Pre-requisites

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

Notes

This course is compulsory for the LLB degree. The Law School offers teaching within this subject area for non-law students in its Business Law courses.

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. The course also introduces the law of insolvency (both corporate and non-corporate).

Structure

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

Assessment

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

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

Formative Assessment

1,000 word non-counting essay.

Feedback

Written feedback will be provided on the formative essay.
Key issues arising out of the performance in the formative essay will also be discussed in a tutorial session.

Feedback will also be provided on an ongoing basis in the form of tutors' comments to students' contributions in tutorials.

Students who fail on first attempt will be able to arrange a meeting in advance of the resit to discuss their examination performance.

Credit Points

15

Course Coordinator

TBA

Pre-requisites

Legal System; Legal Method

Available only to LLB students in Programme year 2 or above and graduates on the 2 year degree, except with permission of the Head of School. It is not open to any students on any other degree programme.

Overview

This level 2 course covers key aspects of current Scots Family Law including the creation, consequences and termination of marriage and civil partnerships under the Civil Partnership Act 2004; the rights, responsibilities and obligations arising from cohabitation with particular reference to the Family Law (Scotland) Act 2006; the question of who are a child's parents'; legal consequences of the parent and child relationship: parental responsibilities and rights, and children's rights; child protection, taking particular account of the Children's Hearings (Scotland) Act 2011; adoption; family mediation as an alternative mode of dispute resolution; and the significance of the European Convention on Human Rights for Scots family law.

Structure

35 one-hour lectures and 3 one-hour tutorials.

Assessment

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

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

Formative Assessment

1. Two quizzes on preliminaries to a marriage and the forbidden degrees of marriage to be found in the course handout.

2. A 750-word essay based on one of the tutorials. [Note; this para. goes into the Course Catalogue, but not para. 1 supra.

Feedback

The quizzes in para. 1 are gone over in a lecture after the students have had time to prepare their answers.

The assessment in para. 2 above is marked by the student's tutor and returned with detailed written comments within 3 weeks of submission.

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

Students who fail the examination at first attempt have an opportunity to seek verbal feedback prior to the resit diet.

Credit Points

7.5

Course Coordinator

Dr T Gyorfi

Pre-requisites

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

Notes

This course is compulsory for the LLB degree.

Overview

The normativity of law and the obligation to obey the law;
Law and morality;
The theoretical foundations of legal reasoning;
Theories of legal rights;
Fundamental values of law (justice, rule of law, efficiency);
Economic analysis of law.

Structure

A total of 18 one-hour lectures (3 per fortnight) and a total of 3 one-hour tutorials.

Assessment

1st Attempt: 1 one-hour examination (60%) and in-course-assessment (40%, carried forward in the event of an overall fail).

Resit: 1 one-hour examination (60%) and in-course-assessment (40% carried forward in the event of an overall fail).

Formative Assessment

Online self-test module to be completed by the students by the sixth week of the course. A lecture and a tutorial will be devoted to the topic of critical analysis in order to provide preparation for the summative essay.

Feedback

There will be a session dedicated to discussing the questions from the online module, and the students will get written feedback for their essays (in-course assessment).

Credit Points

7.5

Course Coordinator

Professor R Paisley

Pre-requisites

Legal System; Legal Method

Available only to LLB students in Programme year 2 or above and graduates on the 2 year degree, except with permission of the Head of School. It is not open to any students on any other degree programme.

Overview

The course will include study of both testate and intestate succession and general principles of the law of succession, including legal rights. The rights and duties of executors and the necessity of confirmation will be examined. The course will in addition 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 and termination analysed.

Structure

A total of 20 one-hour lectures and a total of 2 one-hour tutorials.

Assessment

1st Attempt: 1 one-hour examination (80%) and one 1,000-word essay (20%) (mark carries forward in the event of an overall fail).

Resit: 1 one-hour examination (80%) with mark from essay (20%) carried forward from first attempt.

Formative Assessment

Students will submit a written answer to a tutorial problem question.

Feedback

A model answer will be provided and the students? work returned with written comments thereon.
Students who fail the final exam have the option to go over their first paper prior to the resit.
Feedback will be provided on an ongoing basis in tutorials in the form of tutors? responses to students? contributions in class.

Credit Points

15

Course Coordinator

Mr Scott Styles

Pre-requisites

LS1021; LS1522; LS1520; Whilst knowledge of German is not a pre-requisite it is highly advantageous.

Notes

The course is compulsory for the degree of LLB and European Studies and is an option for other LLB programmes and MA in Legal Studies

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 plus 1 two-hour revision class.

Assessment

1st Attempt: 1 two-hour examination (75%) and one 2,000-word piece of assessed coursework (25%).

Resit: 1 two-hour examination (75%) and one 2,000-word piece of assessed coursework (25%) carried forward from first attempt.

Formative Assessment

Oral presentation in class on which verbal feedback will be given.

Feedback

As noted above, verbal feedback will be given on the formative presentation.
The summative essay will be returned with written feedback.
Students who fail the examination will have the opportunity to seek feedback on their examination performance prior to the resit.

Credit Points

5

Course Coordinator

Dr J Borg-Barthet

Pre-requisites

LS 1021; LS 1522

Notes

Knowledge of Spanish is desirable but not necessary.
The course is compulsory for the degree of LLB and Spanish Law and is an option for other LLB programmes.

Overview

Introduction to Spanish Law is designed to introduce students to the institutional structure and some substantive principles of Spanish Law. It involves a significant quantity of independent research and the aim of the five seminars is to give students direct help and instruction. The course covers the Spanish Law and its socio-political context, its sources, and the Spanish Legal System. Knowledge of Spanish is desirable but not necessary.

Structure

Structure: 5 two-hour seminars and one revision session.

Assessment

1st Attempt: One 3,000 word essay (100%).

Resit: Resubmission of 3,000 essay (100%).

Formative Assessment

Oral presentation in class on which verbal feedback will be given.

Feedback

Summative essay will be returned with written feedback thereon.

Credit Points

15

Course Coordinator

Professor P Beaumont

Pre-requisites

LS 2021 (Legal System); LS 1522 (Legal Method)

Available only to LLB students in Programme Year 2 or above and graduates on the 2 year degree, except with permission of the Head of School. It is not open to any students on any other degree programme.

Overview

The course seeks to achieve a balance between selected matters in jurisdiction, choice of law and recognition and enforcement issues, insofar as they relate to contract, delict and family law. The course will consider: Theory and Methods of Private International Law, with Specific Reference to the Role of Connecting Factors; Jurisdiction in Civil and Commercial Matters (Focus on Contract and Delict); Choice of Law in Contract; Choice of Law in Delict; Parental Responsibility and Child Abduction; Jurisdiction in Divorce; and Maintenance.

Structure

Structure: Three one-hour lectures per week (with some scheduled breaks for independent reading) and a total of 3 one-hour tutorials

Assessment

1st Attempt: 1 two-hour examination (75%) and a written assignment of 1,500 words (25%).

Resit: 1 two-hour examination (75%) with the result of the written assessment carried forward (25%).

Formative Assessment

Students will be required to make brief oral presentations in the first tutorial and will receive immediate feedback from the tutors.

Feedback

As noted above, students will receive verbal feedback on their oral presentation.

The students' work on the written assessment will be returned with written comments thereon.

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

Feedback will be provided on an ongoing basis in tutorials in the form of tutors' responses to students' contributions in class.

Credit Points

15

Course Coordinator

D Bain

Pre-requisites

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 business law. Topics will cover elements of the Scottish law and legal system concerning Contract Law (including the Sale of Goods), Agency, Negligence, Intellectual Property,Trusts, Employment Law, Human Rights, Partnership and Company Law.

Structure

Structure: A total of 3 x one hour lectures per week as appropriate and three tutorials.

Assessment

First 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 MyAberdeen, and, specific written feedback on the returned pieces of assessed coursework.

Credit Points

7.5

Course Coordinator

Mr G Gordon

Pre-requisites

LS 1022; LS 1522; LS 1526; LS 2025

Available only to LLB Students in Level 2 of study or above.

Notes

This course is a compulsory course for students following the LLB in Law and English Law programme and may be studied if desired as an elective course by LLB students following other programmes. Students who need to find another 7.5 credit course to study alongside this one are directed towards introduction to Comparative Law although the two courses are not strictly co-requisites and other 7.5 courses may be studied if desired.

Overview

This course builds upon the introduction to key property concepts of legal wrongs and the remedies therefore provided in Foundations of Private Law and Delict and Unjustified Enrichment. Students will learn the conceptual framework of the English law of tort and the Scots law of delict, and the differences between the two and the consequences which those differences have for the resolution of real-life legal problems as well as learning the essential elements of selected torts and delicts. The wrongs taught may include: property-related torts such as conversion, the economic torts/delicts, the law of libel and slander/defamation and verbal injury and the law of breach of confidence and privacy. (The law of negligence, having been extensively covered in Delict and Unjustified Enrichment, will generally feature less prominently in this course than in Delict and Unjustified Enrichment, but areas where particular differences either exist or have been perceived to exist (eg. as between the Scots rules on prescription and the English rules on limitation and as concerns the concept of non-feasance) will be considered. Human Rights, freedoms and protection shall be considered where relevant (eg. in the contect of the law of breach of confidence).

Structure

3 one-hour lectures per fortnight and three one-hour tutorials.

Assessment

1st Attempt: One comparative written exercise of no more than 1,500 words (40%); 1 one-hour examination (60%).

Formative Assessment

Optional online quizzes will be available to assist students in their learning. Students will in addition each make an oral presentation of no more than 8 minutes in one of their tutorials.

Feedback

Answers will be provided to the online quizzes.
Relative to the summative coursework, a model answer will be provided and the students' coursework returned with written comments thereon. Students who wish further feedback will have an opportunity to meet the course coordinator.
Students will receive verbal feedback from their tutors on their oral presentations.
Students who fail the final exam have the option to go over their final first paper prior to the resit.
Feedback will be provided on an ongoing basis in tutorials in the form of tutors' responses to students' contributions in class.

Credit Points

15

Course Coordinator

Mr M Radford

Pre-requisites

LS 1521 Public Law and Human Rights

Overview

The focus of this level 2 course is the background to, and the significance of, recent developments in the governance of Scotland, together with the significance of proposals for further change. The topics studied include the historical background to the present position; the political factors which led to devolution; the Scotland Act 1998; developments since the implementation of the 1998 Act; the forthcoming referendum and the independence debate. Because of the topicality of the course, the precise syllabus may be subject to change in the light of developing circumstances.

Structure

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

Assessment

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

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

Formative Assessment

In addition, there will be a non-assessed group exercise in which students will be required to give an oral presentation. Although this is a formative assessment, any student who without good cause fails to participate in this exercise will be at risk of having their Class Certificate withdrawn.

Feedback

Feedback will be by way of the tutorials, the oral assessment, the examination, and availability of teaching staff through the course.

Credit Points

7.5

Course Coordinator

Dr K Trimmings

Pre-requisites

LS1021 and LS1522 (see also below regarding co-requisite)

Co-requisites

LS1522 for students on the LLB and LLB (Hons) Law with English Law programme

Overview

This course will explore the development and evolution of the civil law tradition, the skills and practices involved in comparative legal analysis, and compare examples of civil law, Scots and English law in respect of particular issues.

Structure

17 one-hour lectures and 2 one-hour tutorials.

Assessment

1st Attempt: 1.5 hour examination (90%) and one 10% group presentation.

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

Formative Assessment

1. individual presentations, which will take place throughout the course;
2. on a less formal basis, verbal feedback is given during tutorial discussions.

Feedback

Oral feedback is given after the presentations.

Credit Points

15

Course Coordinator

Mr D Auchie

Pre-requisites

Legal System, Legal Method
Available only to students in Programme Year 3 or above, and graduates on the two year LLB degree, except with the permission of the Head of School.

Overview

The course will cover basic concepts within the law of evidence viz, relevance, burdens and standards of proof, admissibility and sufficiency as they operate in criminal and civil proceedings.

Structure

40 contact hours, comprising a mix of lectures and tutorials.

Assessment

1st Attempt: Counting essay (2,000 words) worth (25%) of the overall grade; Examination worth (75%) of the overall grade

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

Formative Assessment

None.

Feedback

Written feedback on the essay will be provided.
Students who fail on first attempt will be able to arrange a meeting following publication of results and in advance of the resit to discuss their examination performance.

Credit Points

15

Course Coordinator

Professor R Paisley

Pre-requisites

Legal System Foundations of Private Law, The Law of Property.

Overview

The course will build upon student's existing knowledge of property law. The course will use the legal issues arising when land is to be commercially developed as a means of teaching a range of topics pertaining to title to land, land registration, the planning system and rights in land. The precise topics selected may vary from year to year.

Structure

Teaching will be by means of 32 one-hour lectures and 3 tutorials.

Assessment

1st Attempt: In-course assessment, a 2,500-word answer to a problem question (50%); 1 one-hour examination (50%).

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

Formative Assessment

Students will be required to submit a 600-word answer to a tutorial problem and will receive feedback thereon.

Feedback

Students will be required to submit a 600-word answer to a tutorial problem and will receive feedback thereon.

Credit Points

15

Course Coordinator

Ms C McCrossan

Pre-requisites

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

Only available to candidates in programme Level 3 or above.

Pre-requisites: Legal System, Legal Method, Public Law, Contract, Delict and Unjustified Enrichment, EU Institutions and Law.

Overview

The course will contain a coverage of: the function, jurisdiction and procedures of the employment tribunal; the legal nature and key elements of the contract of employment; terms and conditions of employment including the extent to which restrictive terms may be enforced; wrongful dismissal; unfair dismissal; the law of discrimination and parents' rights; the protection of workers upon a Transfer of Undertakings: the role of the trade union (including collective bargaining and industrial action).

Structure

20 two-hour semi-Socratic lectures.

Assessment

1st Attempt: 1 piece of written coursework (1,500-word essay counting for 25% of the assessment); 1 two-hour examination (75%).

Resit: The previous piece of written coursework will count towards 25% of the final grade unless the mark attained was less than 9, in which case it will be discounted and assessment will be by exam only. In either case, there will be an examination of two-hours duration. The exam will count for 75% in the event that the coursework counts and 100% in the event that it does not.

Formative Assessment

Two online quizzes. Model answers will be provided and the gone over in a lecture after the students have had time to prepare their answers.

Feedback

Model answers will be provided and the gone over in a lecture after the students have had time to prepare their answers.

Credit Points

15

Course Coordinator

Dr A. E. L. Brown

Pre-requisites

None.

Overview

The nature of equity and trusts (express, resulting, charitable and non charitable purpose and constructive trusts); the fiduciary relationship and responsibilities of trustees and their appointment, removal and liabilities; and the rights of beneficiaries and equitable remedies.

Structure

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

Assessment

1st Attempt: 1 two-hour examination (70%) and 1 3000-word essay (30%).

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

Formative Assessment

1. Formative essay will be written in the fifth week of the semester
2. A Practice exam held in the seventh week of the semester.
3. On a less formal basis, verbal feedback is given during tutorial discussions.

Feedback

The assessment in paragraph 1 above is marked by the student's tutor and returned with detailed written comments within 2 weeks of submission
For the Practice exam mentioned in paragraph 2, written feedback comments are put on each script, supplemented by a lecture hour which goes over all aspects of the exam performance. The Course Coordinator organises appointments to see all candidates who did particularly poorly,and also extends a general invitation to any member of the class who wishes to discuss his or her performance.

Credit Points

15

Course Coordinator

Ms D McKenzie-Skene

Pre-requisites

Legal System, Legal Method and Contract.

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

Notes

This course is compulsory for the LLB degree and assumes a considerable degree of legal knowledge. The Law School offers Business Law courses for non-LLB students as a more introductory course in this area, suitable for non-lawyers.

Overview

The course considers the most important statutory and common law principles of Scots Commercial and Consumer Law. Topics covered are: sale and supply of goods and services; hire of goods; insurance; consumer credit transactions and consumer protection. The course also introduces students to the skills and techniques of Advocacy, within the context of a commercial and/or consumer dispute.

Structure

Teaching will be by means of 30 one-hour lectures, 3 one-hour tutorials and 1 one-hour advocacy workshop.

Assessment

1st Attempt: 1 two-hour examination, part Multiple-choice objective test and part written examination (75%) and one role-played Advocacy exercise assessed by means of oral presentation (25%) the mark of which will carry forward into the resit.

Resit: 1 two-hour examination, part Multiple-choice objective test and part written examination (75%). The mark for the Advocacy exercise will be carried forward.

Formative Assessment

Formative objective test in like form to assessed one but shorter, for home completion.
Submission of answer to tutorial case study.

Feedback

The case study will be discussed at tutorial, and further feedback on performance in the written exercise will be provided at a subsequent tutorial.

Written feedback on the formative objective test will also be provided.

Feedback will also be provided on an ongoing basis in the form of tutors' comments to students' contributions in tutorials. Students who fail on first attempt will be able to arrange a meeting in advance of the resit to discuss their examination performance.

Credit Points

15

Course Coordinator

Mr D Bain

Pre-requisites

Students will have studied 'The Law of Property' (LS 2027) .

Overview

This course will explore and critically evaluate the concepts of land and property in the law of England and Wales; estates and interests in land (freehold, leasehold, licences, mortgage and easement); restrictive covenants; registered and unregistered land and conveyancing of registered land; adverse possession; landlord and tenant relationships, leasehold covenants and ownership.

Structure

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

Assessment

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

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

Formative Assessment

1. Formative essay will be written in the fifth week of the semester
2. A Practice exam held in the seventh week of the semester.
3. On a less formal basis, verbal feedback is given during tutorial discussions.

Feedback

The assessment in paragraph 1 above is marked by the student's tutor and returned with detailed written comments within 2 weeks of submission.

For the Practice exam mentioned in paragraph 2, written feedback comments are put on each script, supplemented by a lecture hour which goes over all aspects of the exam performance. The Course Coordinator organises appointments to see all candidates who did particularly poorly,and also extends a general invitation to any member of the class who wishes to discuss his or her performance.

Credit Points

15

Course Coordinator

Dr M Bodig

Pre-requisites

None

Notes

This is an elective course for the degree of LLB or MA Legal Studies and is in addition openly available for discipline breadth study.

Overview

The course provides a historical overview of the developments that led to the emergence of the contemporary legal theoretical discourses. It organises this history around two main themes: the normativity of law and the issue of legal pragmatism. The issue of normativity is used as a focal point to discuss the debates between legal positivism and the natural law doctrine. The students will learn to understand the basic differences between those two perspectives, and to appreciate their theoretical and practical implications. The other main theme, pragmatism will be used to provide a deeper understanding of American legal realism, process jurisprudence, and the kind of pragmatism represented by the economic analysis of law. Mainstream forms of legal pragmatism are contrasted with critical approaches. The course will consider Classical and modern naturalism, Legal positivism, American legal realism, Process jurisprudence, Economic analysis of law, Critical Legal Studies, Feminism in legal theory.

Structure

5 one-hour lectures per fortnight and 1 one-hour tutorial per fortnight.

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).

Formative Assessment

The students will be required to submit a written answer to one mock exam question from the previous years covering the first two topics of the course (naturalism and legal positivism).

Feedback

The students will get written feedback for both their submission for formative assessment and the essay (in-course assessment) within three weeks of submission. Feedback will also be provided on an ongoing basis in the form of tutors' comments to students' contributions in tutorials. Students who fail on first attempt will be able to arrange a meeting in advance of the resit to discuss their examination performance.

Credit Points

15

Course Coordinator

Mr M Combe

Pre-requisites

Involvement with Casus as a volunteer student adviser for at least one year.

Overview

This level 3 course covers key aspects and challenges of pro bono legal advice in the Scottish context. The evolution of the profession as a whole, given the recent reforming measure of the Legal Services (Scotland) Act 2010, and the political matter of the legal aid budget will provide the legal backdrop in Scotland, but comparative study with jurisdictions such as England & Wales, the states of the United States of America and South Africa will be encouraged to set that Scottish context in context.

Structure

4 two-hour seminars, plus continuing involvement in Casus on a day to day basis.

Assessment

1st Attempt: Students will prepare an evaluation of a case that they have been involved in, of approximately 2,000 words. Part 1 of this evaluation would be a short precis of the legal issues. Part 2 would be a self reflection piece (of no less than 1,000 words) to explain what the student might have done differently, what was a particular success, what experiences can be taken forward etc. This would count for 40% of the final mark.

Students will also prepare an essay with a word limit of 2,500 words. There would be a yearly rotation of essay questions, with a reading list provided for each question, and that would be largely self-study. This would count for 60% of the final mark.

Resit: 2,500 word essay only (ie no self-reflection exercise) on a different topic to the original essay.

Formative Assessment

None.

Feedback

Feedback will be provided on assessed work by the marker via MyAberdeen.

Credit Points

30

Course Coordinator

Dr C Kee and Dr A Wilson

Pre-requisites

None.

Overview

This course aims to give students a working knowledge of the main international treaties and conventions relating to the law of sales as well as detailed knowledge of specific aspects of the law of sales in the international and comparative context. Seminar topics have been chosen to give students a good knowledge of the law of sales, particularly focusing on issues which arise when a difficulty arises (eg. non-conformity of goods, passing of risk, damages, exemption, interest, avoidance) and the role of important international treaties and conventions (eg. CISG). The first two seminars will examine issues in Scots law, and the later seminars will have an international focus.

Structure

7 two-hour seminars, plus an introductory meeting and revision meeting.

Assessment

1st Attempt: Assessment is by three-hour written examination (100%). There will also be a formative essay of 2,000 words (LLB) or 2,500 words (MA).

Formative Assessment

There will be a formative essay of 2,000 words (LLB) or 2,500 words (MA). Feedback will also be provided on an ongoing basis in tutorials in the form of tutors' responses to students' contributions in class.

Feedback

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 determination of guilt.

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 J Borg-Barthet

Pre-requisites

None.

Notes

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

Overview

The course develops the knowledge of EU law that students acquired in Level 2. Students are invited to engage with timeless questions of European integration which remain of current concern, such as the legitimacy of law-making and the appropriate means of achieving integration. Discussions will address contemporary issues in European Union law in order to diagnose the present state of the law, and to determine how the constitutional settlement of the EU should be developed. This will enable students to articulate their own views of what the EU is, and what it should be.

Topics will include economic law, family law, human rights law, institutional law and democratization.

Structure

8 two-hours seminars and one revision session.

Assessment

1st Attempt: 1 three-hour examination (60%); assessment essay with a maximum word length of 3,000 words, including footnotes but excluding bibliography (40%).

Formative Assessment

Oral presentation in class in which verbal feedback will be given.

Summative essay will be returned with written feedback thereon.

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 or LS 1521.

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 (75%). A counting essay of 2,500 words, and for MA Legal Studies students an additional non-counting essay of 2,000 words.

Credit Points

25

Course Coordinator

Dr J Fitchen

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). By reason of the pre-requisite above this course is not available to Erasmus or other visiting students.

Overview

Candidates must submit a dissertation topic in early November and a dissertation plan in mid December. Candidates shall submit their dissertation by the second day of the summer term.

Assessment

1st Attempt: Dissertation (100%).

Credit Points

25

Course Coordinator

Professor D L Carey Miller (co-teachers Dr A Simpson and Mr D Bain)

Pre-requisites

This course is only available to Junior and Senior Honours Candidates for the LLB with Honours. A pass in Property Law / The Law of Property LS 2008 / LS 2028.

Overview

The course examines accession; specification; prescription; 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 treasure trove.

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 or LS 1021) and Succession and Trusts (LS 2510 or LS 2528).

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.

Credit Points

25

Course Coordinator

Professor R Evans-Jones

Pre-requisites

Non-Contractual Obligations (LS 1515) or Delict and Unjustified Enrichment (LS 2025).

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 and the other cases. 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.

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.

Credit Points

25

Course Coordinator

Ms E Shaw

Pre-requisites

LS 1009 / LS 1020. 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 assessed essay of 3,500 words.

Overview

The course consists of six seminars of two hours each and a one-hour revision class. The course builds upon the basic understanding of criminal law acquired in LS 1009 / LS 1020, although it is very important to understand that the topics are approached from a much more theoretical perspective. It examines in detail selected principles of criminal liability, including the role and limits of the criminal law, the defence of mental disorder, murder, rape, provocation and the limits of excusability. Comparative material from a variety of jurisdictions is included.

Structure

The final (two-hour) examination counts for two-thirds of the final assessment. The remaining one third of the final assessment consists of an assessed essay which is 3,000 words in length for LLB students and 3,500 words for MA in Legal Studies students.

Credit Points

25

Course Coordinator

Dr 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 or MA in Legal Studies with Hons degrees.

Notes

This course is available to candidates for the MA Honours candidates as a 30 credit point course. MA candidates are required to submit a longer 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. Seminar topics have been chosen to show students how to evaluate primary material as well as to engage with academic debate. Seminar topics will also reflect the research interests of the staff, and thus allow students to engage with the research projects based at Aberdeen. 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

7 two-hour seminars.

Assessment

1st Attempt: 1 three-hour exam (100%). There will be a single formative (non-counting) essay of 2,000 words to be submitted at the end of week six (2,500 words for MA students). This will be the basis for an exam question. An elective peer marking scheme will allow students to get a chance to mark anonymously another student's essay. Feedback will also be provided on an ongoing basis in tutorials in the form of tutors' responses to students' contributions in class.

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 unnecessary suffering; the scientific concept of animal welfare; legislation relating to animals in specific contexts; and 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%). There will be an additional piece of course work for MA Legal Studies students.

Credit Points

25

Course Coordinator

Mr M Combe

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) or Legal System (LS 1021).

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%). There will be an additional piece of course work for MA Legal Studies students.

Credit Points

25

Course Coordinator

Mr M Radford

Pre-requisites

LS 1012 Foundations of Public Law or LS 1521 Public Law 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%). There will be an additional piece of course work for MA Legal Studies students.

Credit Points

Course Coordinator

Professor F Becker

Pre-requisites

LS 1011, LS 1021, LS 2026, LS 2517.

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. There will be seven seminars plus one induction class.

Assessment

1st Attempt: 1 three-hour written examination (100%) and a non-counting essay of 1,500 words with an extra element of assessment for MA Legal Studies students.

Formative Assessment

Feedback

Credit Points

25

Course Coordinator

Professor R Evans-Jones

Pre-requisites

None.

Notes

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

This course examines the sources, institutions, and methods of reform of Roman law as well as substantive law topics. Seminars will look at: corpus iuris civilis, the main source of Roman law; the formulary procedure; the role of the jurists and the magistrates is cases and is reforming the law; the Aquiliar laws of wrongful damage to property. By the end of this course, the student should have an understanding of Roman law and first-hand experience dealing with primary sources. All materials will be in English; no knowledge of Latin is required.

Structure

7 two-hour seminars.

Assessment

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

There will be a single formative (non-counting) essay of 2,000 words to be submitted at the end of week six (2,500 words for MA Legal Studies students). This will be the basis for an exam question.

Credit Points

25

Course Coordinator

Mr G Gordon

Pre-requisites

Only available to LLB (Hons) or MA Legal Studies students with passes in ordinary Contract and Public Law.

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.

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

Dr T Burns

Pre-requisites

LS 2019: Business law 2 (Law of Business Organisations); LS 2511: Commercial Organisations or LS 2525.

Notes

This course is also available to candidates from the MA in Legal Studies Programme 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.

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 weekly.

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 1021, LS 1509, LS 1520, LS 2013, LS 2525. 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 or LS 1520). 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.

Formative Assessment

Feedback

Credit Points

25

Course Coordinator

Professor P Beaumont

Pre-requisites

LS 2026, LS 2018 or LS 2026. Available 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 external competence of the EU.

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 Green

Pre-requisites

LS 1012 Foundations of Public Law or LS 1521 Public Law and Human Rights.

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 Taggart

Pre-requisites

Available only to Honours Students in LLB and MA (Legal Studies)

Overview

The course considers the development of group protection, from the minorities system created after World War One, the relevance of major post-World War Tour instruments and to the norms which have emerged since the fall of communism in the late 1980's and early 1990's. The course will also critically assess the potential tensions between the protection of minority groups and the protection of human rights in society.

Structure

No of teaching hours: 7 two-hour seminars on a fortnightly basis.

Assessment

1st Attempt: 1 two-hour written examination (66.6%); continuous assessment assessed essay (3,000 words / 3,500 words - LS 4076 / LX 4075) (33.3%).

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 4077). 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 (75%), one counting essay (25%) of 2,500 words for LLB honours students and of 3,000 words for MA students in Legal Studies.

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 or LS 1521.

Notes

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

Overview

The aim of the course is to introduce students to the methods and purposes of comparative constitutional law, to explain how the powers of government are allocated in different jurisdictions and to analyse how constitutional rights are protected. The topics include constitutional borrowing; federalism; presidential and parliamentary systems, the types of judicial review; different approaches to constitutional interpretation; the right of privacy; freedom of religion; equality.

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

Feedback

Credit Points

Course Coordinator

Professor P Duff

Pre-requisites

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

Overview

The course will address the following range of topics.

Proof and understanding probability
Evidence from experts
Evidence from vulnerable witnesses
Hearsay
Corroboration and Similar Fact Evidence
Reverse burdens of Proof and Human Rights

The course looks beyond Scotland for comparative experiences and commentaries.

Structure

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

Assessment

1st Attempt: 1 two-hour examination (66.6%), and one essay of 3,000 words (33%).

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 application 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 2,000 words. This does not count towards the final assessment.

Credit Points

25

Course Coordinator

Dr K Trimmings

Pre-requisites

The course is open only to Junior and Senior Honours LLB students. A pass in LS 2503 / LS 2526 (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, children and medical treatment, the effects on family law of the European Convention on Human Rights, regulation of assisted repr. technologies (in particular, ______), enforcement of contract orders and future developments in Scots family law.

Structure

There are 6 two-hour seminars, and a 3,000 word essay which does not count towards the final assessment but whose mark is aggregated with the degree exam mark for the purposes of the award of the Family Law Association prize to the best student in the class.

Assessment

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

Credit Points

25

Course Coordinator

Professor P Beaumont

Pre-requisites

LS 2532. 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 Conventions on child abduction, and maintenance. The Brussels I and II are regulations and Cross-border Surrogacy and The Maintenance Regulations.

Structure

6 two-hour seminars during the course.

Assessment

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

Credit Points

25

Course Coordinator

Dr H Green

Pre-requisites

LS 1521

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, the right to vote; and freedom of religion; personal; liberty and state security.

Structure

Minimum 6 seminars of two hours duration.

Assessment

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

Credit Points

25

Course Coordinator

Mr G Gordon

Pre-requisites

Legal Systems, Legal Method, Delict and Unjustified Endowment or Non-Contractual Objections. Available only to Junior and Senior Honours candidates for LLB with Honours.

Overview

This course builds on the introductory material covered in the leading of delict at ordinary level 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: caustion; product liability; liability for breach of privacy; liability for pure economic loss; psychiatric injury; advocates; immunity and police liability for negligence.

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

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 additional 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 / LS 2027 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.

Assessment

1st Attempt: Continuous assessment: one essay worth (33.3%) of the final assessment.
1 two-hour examination worth (66.6%) of the final assessment.
1 two-hour seminar per fortnight.

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

Credit Points

25

Course Coordinator

Mr S C Styles

Pre-requisites

None.

Overview

Topics addressed are likely to include the following:

• 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

Assessment

1st Attempt: One examination of 3 hours duration (75%) and an assessed essay of 3,000 words (25%), based on a set title on a topical issue of medical ethics not covered by seminars and an additional 1,500 word essay for MA Legal Studies student.

Credit Points

25

Course Coordinator

Mr M Radford

Pre-requisites

LS 1012 Foundations of Public Law; or LS 1521 Public Law 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

Dr A Simpson

Pre-requisites

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

Overview

This course examines the period 500-1800. Seminar topics have been chosen both to give students an understanding of the changes in legal scholarship during this time and to allow them to study in greater detail certain time-periods, developments and laws. By the end of this course, the student should have an understanding of the general picture of European legal history as well as having had first-hand experience dealing with sources and texts from a variety of nations and periods. Topics include: Roman law from the Classical to Byzantine periods, the rise of the universities, and legal scholarship from the 11th to the 18th centuries.

Structure

7 two-hour seminars.

Assessment

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

Formative Assessment

There will be a single formative (non-counting) essay of 2,000 words to be submitted (2,500 words) for MA students); this will be the basis for an exam question. An elective peer making scheme will allow students to get a chance to mark anonymously another student's essay. Feedback will also be provided on an ongoing basis in tutorials in the form of tutors' responses to students' contributions in class.

Credit Points

25

Course Coordinator

Dr C Ng

Pre-requisites

LS 1512 / LS 1521. 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

Course Coordinator

Dr A. E. L. Brown

Pre-requisites

None.

Overview

Topics discussed will include patentability (subject matter, novelty, and inventive step), the common law of passing-off, trade mark registration, and trade mark infringement and the wider practical and regulatory frameworks in respect of trademarks and patents. This course will offer analytical tools for a critical understanding of the law which underpins these areas.

Structure

There will be 7 two-hour seminars fortnightly, together with introductory and revision seminars.

Assessment

1st Attempt: An assessed essay (25%) of 3,000 words and 1 two-hour examination (75%).

Credit Points

25

Course Coordinator

Dr T Burns

Pre-requisites

LS 2019: Business Law 2 (Law of Business Organisations); (LS 2511) Commercial Organisations or Commercial Organisations and Insol Law (LS 2525).

Notes

This course is also available to candidates from the MA in Legal Studies Programme 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). 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 available only to LLB Honours students with passes in European Union Law – Institutional & Judicial System (LS 2018) & EU Institutions & Law (LS 2026).

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 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

Ms E Shaw

Pre-requisites

This course is only available to Junior and Senior 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 will require an assessed essay of 3,500 words.

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 6 one-hour seminars and 1 one-hour revision class. Each student will be required to sign up for one seminar group that will meet fortnightly.

Assessment

1st Attempt: 1 two-hour written examination (67%) and one essay which counts towards the final assessment (33%) and which is 2,500 words long for LLB students and 3,000 words long for MA in Legal Studies students.

Credit Points

25

Course Coordinator

Dr 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%).

Formative Assessment

Feedback will be provided on an ongoing basis in tutorials in the form of tutors' responses to students' contributions in class. There is no additional formative assessment.

Feedback

Credit Points

25

Course Coordinator

Dr O Woolley

Pre-requisites

LS4579 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

A transition from reliance on fossil fuels to low-carbon renewable energy is essential for mitigating climate change and for making energy supplies more sustainable. The course considers the challenges and concerns that this fundamental change in the nature of energy supplies gives rise to, and examines law’s role in addressing them. The course covers the relationship between international law (particularly the climate change regime) and the worldwide expansion of renewable energy, legal measures for supporting renewable energy production and transmission in the EU and the UK, legal responses to difficulties with decarbonising energy for heating and transportation, and the important roles of planning systems and development consent regimes in promoting renewable energy onshore and offshore and addressing its negative environmental impacts and public opposition to renewable energy developments. The course focuses on EU and UK law, but will also draw from international law and laws in other EU Member States.

Structure

An introductory session of one hour, 7 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 1,000 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 on 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 to "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.

Structure

6 two-hour seminars.

Assessment

1st Attempt: 1 three-hour examination (75%), one counting essay of 2,500 words for LLB Honours students and of 3,000 words for MA students in Legal Studies.

Credit Points

30

Course Coordinator

Dr Ian Taggart

Pre-requisites

LS 1009 and LS 1020 Criminal Law.

Notes

Available to Honours LLB and MA Legal Studies students only.

Overview

The course provides students with a thorough and critical understanding of concepts, principles and institution of international criminal law; the “core crimes” of aggression, war crimes, genocide, and crimes against humanity; defences and immunities available in international criminal law and the modes of prosecution of international crimes.

Structure

8 two-hour seminars. These will take place fortnightly.

Assessment

1st Attempt: 1 two-hour written examination (66.6%) 3,500 word for LX 4548 students, students are also required to complete one formative 3,000 word essay (33.3%).

Credit Points

25

Course Coordinator

Ms C McCrossan

Pre-requisites

Available only to candidates for LLB with Honours.

Overview

The purpose of this course is to examine in depth, selected areas of employment law together with the social, political and economic issues that help to structure and drive employment law. The areas that will be focused upon will be a selection of the following:

• The contract of employment


• Employment status


• Unfair/constructive dismissal


• Redundancy


• Transfer of undertakings


• Stress in the workplace


• Discrimination


• Trade unions and industrial action

Assessment

1st Attempt: 1 two-hour examination (66%) and a 3,000 word essay (33.3%).

Credit Points

25

Course Coordinator

Dr I Taggart

Pre-requisites

Available only to Honours students in LLB and MA (Legal Studies).

Overview

The course provides students with a thorough and critical understanding of concepts, principles and institutions of international law relating to indigenous peoples, and self-determination of indigenous peoples. The course will enhance students' knowledge and understanding of treaty norms, soft law norms, case law academic writing on the rights of indigenous peoples in international law. The course will also critically assess the potential tensions between the protection of indigenous peoples and the protection of human rights in society.

Structure

6 two-hour seminars on a fortnightly basis.

Assessment

1st Attempt: 1 two-hour examination (66.6%) and one 3,000 word essay (3,500 words for LX 4587 students).