Description
CommunicationTeam WorkProblem SolvingResearchICT SkillsProfessionalism
Aims
This module introduces students to the nature and sources of law in Scotland to enable them to begin to find, explain and apply basic principles of Scots law.
Learning Outcomes
By the end of this module the student should be able to:
1. Understand the origin and nature of law, basic legal concepts and classifications
2. Understand and describe the principal features of legal systems in general, and, in particular the Scottish legal system, its institutions and procedures
3. Find, use and interpret sources of law
4. Identify, state and apply legal principles, demonstrate skills of oral and written communication, and legal reasoning.
Indicative Content
1 The Origin and Nature of Law
Theories on the origin and nature of law. Law and other systems of rules. Distinguishing the Civil and Common Law systems. The emergence of Scots Law.
2 Fundamental Legal Concepts.
The nature of obligations, legal rights and legal duties. The nature and concepts of Constitutions, separation of powers and the rule of law. Jurisdiction.
3 Sources of Law
Institutional writers, legal treatises and authoritative writings. Custom. Influence of Roman Law. Legislation. Case law. Investigating paper and electronic sources.
4 The System for Making and Amending Law
The legislative process in Scotland, the UK and the EU.
5 The System for Interpreting and Applying the Law
The role of lawyers and the nature of legal services. The role of Judges and Courts. The Civil and Criminal Court system of Scotland. The Court system in the UK and EU. Hierarchy and precedent. Role of Tribunals.
6 Legislative Interpretation
The approaches to interpreting legislation in the UK, Scotland and the EU. Rules of statutory interpretation.
7 Case Law Interpretation
How and why cases are reported. Locating sources. The doctrine of Precedent. Ratio decidendi and obiter dicta. Distinguishing cases. Comparing Scottish, English and EU cases.
8 Construction and Communication of Legal Argument.
The nature of legal research. How to research a legal issue. Developing a legal opinion or argument. Presentation technique. The conventions of legal writing. Citation, abbreviations, terminology.
9 Introduction to Library-based Information services and research skills.
Library resources; Virtual library and the online catalogue; Virtual library information services; OSCOLA referencing.
10 Choosing and Using Specialist Sources of Information.
Specialist sources of information for professional practice (Westlaw, LexisNexis); Information services outwith the library (electronic journals, internet); The status of materials found outwith the library in terms of appropriate secondary authority and validity.
Teaching and Learning Work Loads
| Teaching and Learning Method | Hours |
| Lecture | 26 |
| Tutorial/Seminar | 13 |
| Practical Activity | 0 |
| Assessment | 40 |
| Independent | 121 |
| Total | 200 |
Guidance notes
SCQF Level - The Scottish Credit and Qualifications Framework provides an indication of the complexity of award qualifications and associated learning and operates on an ascending numeric scale from Levels 1-12 with SCQF Level 10 equating to a Scottish undergraduate Honours degree.
Credit Value – The total value of SCQF credits for the module. 20 credits are the equivalent of 10 ECTS credits. A full-time student should normally register for 60 SCQF credits per semester.
Disclaimer
We make every effort to ensure that the information on our website is accurate but it is possible that some changes may occur prior to the academic year of entry. The modules listed in this catalogue are offered subject to availability during academic year 2021/22 , and may be subject to change for future years.
