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LAW

> Level 1
LS 1020
CRIMINAL LAW
CREDIT POINTS 15

Course Co-ordinator: Dr I Taggart

Pre-requisite(s): None

Co-requisite(s): None

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.

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

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

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

Formative Assessment and Feedback Information

Non-counting 1,000 word essay mid-way through the term.
Non-counting online assessment during the first half of the course.
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 also occurs on an ongoing basis in the form of tutors' comments on students' contributions in tutorials.

LS 1021
LEGAL SYSTEM
CREDIT POINTS 15

Course Co-ordinator: Mr David Lessels

Pre-requisite(s): None

Co-requisite(s): None

Note(s): Available only to candidates for the degree of LLB and MA Legal Studies students.

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

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

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

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

Formative Assessment and Feedback Information

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

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

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

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

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

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.

LS 1022
FOUNDATIONS OF PRIVATE LAW
CREDIT POINTS 15

Course Co-ordinator: Professor R Evans-Jones

Pre-requisite(s): None.

Co-requisite(s): None.

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.

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

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

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

Formative Assessment and Feedback Information

Non-counting practice examination in Week 9 of term.

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.

LS 1023
PUBLIC INTERNATIONAL LAW
CREDIT POINTS 15

Course Co-ordinator: TBC

Pre-requisite(s): None.

Co-requisite(s): None.

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

36 hours of lectures and 3 one-hour tutorials.

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

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

Formative Assessment and Feedback Information

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

Written feedback is provided on the non-counting essay.
Feedback is provided on an ongoing basis by tutors on the student's contributions in tutorials.
Students who fail their assessment in the first sitting may seek feedback thereon in advance of the resit diet.

LS 1520
CONTRACT
CREDIT POINTS 15

Course Co-ordinator: Mr S Styles

Pre-requisite(s): Foundations of Private Law.

Co-requisite(s): None.

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.

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

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 and Feedback Information

Practice examination.

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.

LS 1521
PUBLIC LAW AND HUMAN RIGHTS
CREDIT POINTS 20

Course Co-ordinator: Mr M Radford

Pre-requisite(s): None.

Co-requisite(s): None.

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.

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

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 and Feedback Information

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.

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.

LS 1522
LEGAL METHOD
CREDIT POINTS 15

Course Co-ordinator: Dr K Fullerton

Pre-requisite(s): None.

Co-requisite(s): None.

Note(s): Restricted to students of LLB and MA Legal Studies Degrees.

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.

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

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 and Feedback Information

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.

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.

LS 1523
ALTERNATIVE METHODS OF DISPUTE RESOLUTION
CREDIT POINTS 15

Course Co-ordinator: Dr Christopher Kee

Pre-requisite(s): None.

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.

1 two-hour seminar per week.

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 and Feedback Information

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.

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.

LS 1524
INTRODUCTION TO FRENCH LAW
CREDIT POINTS 15

Course Co-ordinator: Dr P Ducoulombier

Pre-requisite(s): Legal System.

Co-requisite(s): None.

Note(s): 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.

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

11 two-hour seminars .

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

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

Formative Assessment and Feedback Information

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.

 

> Level 2
LS 2019
BUSINESS LAW 2: ORGANISATIONS
CREDIT POINTS 15

Course Co-ordinator: Dr J Fitchen

Pre-requisite(s): This course is not available to LLB students. Only available to students in Programme Year 2 or above.

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

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

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

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

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

LS 2025
DELICT AND UNJUSTIFIED ENRICHMENT
CREDIT POINTS 15

Course Co-ordinator: Mr G Gordon

Pre-requisite(s): Legal System; Legal Method

Co-requisite(s): None

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.

30 one-hour lectures (generally 3 per week but with weeks off to provide additional time for group working) and a total of 4 one-hour tutorials.

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 and Feedback Information

A tutorial problem question write-up.

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.

LS 2026
EU INSTITUTIONS AND LAW
CREDIT POINTS 15

Course Co-ordinator: Miss L Cromar

Pre-requisite(s): Legal System; Legal Method

Co-requisite(s): None

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.

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

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 and Feedback Information

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

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.

LS 2027
THE LAW OF PROPERTY
CREDIT POINTS 15

Course Co-ordinator: Mr Malcolm Combe

Pre-requisite(s): Legal System; Foundations of Private Law

Co-requisite(s): None

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.

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

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

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

Formative Assessment and Feedback Information

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

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.

LS 2028
SCOTTISH LEGAL HISTORY
CREDIT POINTS 15

Course Co-ordinator: Dr A Simpson & Dr A Wilson

Pre-requisite(s): None.

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.

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

First Attempt:1 two-hour written examination.

Resit:1 two-hour written examination.

Formative Assessment and Feedback Information

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

LS 2525
COMMERCIAL ORGANISATIONS AND INSOLVENCY
CREDIT POINTS 15

Course Co-ordinator: Dr T Burns

Pre-requisite(s): 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.

Co-requisite(s): None

Note(s): 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.

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).

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

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

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

Formative Assessment and Feedback Information

1,000 word non-counting essay.

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.

LS 2526
FAMILY LAW
CREDIT POINTS 15

Course Co-ordinator: Mr D Lessels

Pre-requisite(s): Legal System; Legal Method

Co-requisite(s): None.

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.

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

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

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

Formative Assessment and Feedback Information

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.

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.

LS 2527
INTRODUCTION TO LEGAL THEORY
CREDIT POINTS

Course Co-ordinator: Dr T Gyorfi

Pre-requisite(s): 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.

Co-requisite(s): None

Note(s): This course is compulsory for the LLB degree.

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.

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

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 and Feedback Information

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.

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).

LS 2528
SUCCESSION AND TRUSTS
CREDIT POINTS

Course Co-ordinator: Professor R Paisley

Pre-requisite(s): Legal System; Legal Method

Co-requisite(s): None

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.

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

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 and Feedback Information

Students will submit a written answer to a tutorial 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.

LS 2529
INTRODUCTION TO EUROPEAN LEGAL SYSTEMS
CREDIT POINTS 5

Course Co-ordinator: Dr Andrew Simpson

Pre-requisite(s): LS1021; LS1522

Note(s): The course is compulsory for the degree of LLB and European Studies and is an option for other LLB programmes

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

Structure: 1 one-hour interactive lecture per week.

First Attempt: One-hour written examination (70%) and 1,000 word essay (30%)

Resit: One-hour written examination (70%) and 1,000 word essay (30%) carried forward from previous attempt.

Formative Assessment and Feedback Information

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

As noted above, verbal feedback will be given on the formative presentation.
One class will be given over to providing generic feedback on the summative essay, which will also 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.

LS 2530
INTRODUCTION TO GERMAN LAW
CREDIT POINTS 15

Course Co-ordinator: Mr Scott Styles

Pre-requisite(s): LS 1021; LS 1522; LS 1520; Whilst knowledge of German is not a pre-requisite it is highly advantageous.

Note(s): 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.

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.

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 and Feedback Information

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

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.

LS 2531
INTRODUCTION TO SPANISH LAW
CREDIT POINTS 5

Course Co-ordinator: Dr Natalia Alvarez

Pre-requisite(s): LS1021; LS1522

Note(s): 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

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 four 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: 4 two-hour seminars and one revision session

First Attempt: One three-thousand word essay (100%).

Resit: Resubmission of three-thousand essay (100%).

Formative Assessment and Feedback Information

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

Oral presentation in class on which verbal feedback will be given.
Summative essay will be returned with written feedback thereon.

LS 2532
PRIVATE INTERNATIONAL LAW
CREDIT POINTS 15

Course Co-ordinator: Prof. Paul Beaumont

Pre-requisite(s): LS1020 (Legal System); LS1522 (Legal Method)

Co-requisite(s): None

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; International Surrogacy; and Maintenance.

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

First Attempt: One 2-hour examination (75%) and a written assignment of 1500 words (25%).

Resit: One 2-hour examination (75%) with the result of the written assessment carried forward (25%)

Formative Assessment and Feedback Information

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

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.

 

> Level 3
LS 3002
EVIDENCE
CREDIT POINTS 20

Course Co-ordinator: Professor M Ross

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

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

Structure: Three lectures per week and one tutorial per fortnight.

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

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

LS 3007
CONVEYANCING
CREDIT POINTS 20

Course Co-ordinator: Dr A Simpson

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

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

Structure: Four lectures per week and Four tutorials during course.

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

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

LS 3502
REVENUE LAW
CREDIT POINTS 20

Course Co-ordinator: Mr G Gordon

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

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

Structure: Three one-hour lectures per week, plus four tutorials.

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

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

 

> Level 4

PLEASE NOTE: Resit: (for Honours students only): Candidates achieving a CAS mark of 6-8 may be awarded compensatory level 1 credit. Candidates achieving a CAS mark of less than 6 will be required to submit themselves for re-assessment and should contact the Course Co-ordinator for further details.

LS 4011 / LX 4011
LAW OF SALES (HONOURS)
CREDIT POINTS 30

Course Co-ordinator: Dr C Kee and Dr A Wilson

Pre-requisite(s): None.

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). It is intended that the content will have a comparative focus.

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

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 and Feedback Information

LS 4021 / LX 4021
AMERICAN CONSTITUTIONAL LAW
CREDIT POINTS 25

Course Co-ordinator: Dr t Gyorfi

Pre-requisite(s): Available only to Junior and Senior Honours candidates for LLB with Honours who have passed LS 1012.

Note(s): 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.

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.

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

1st Attempt: 1 three-hour written examination (100%). A non-counting essay of 2,000-2,500 words, and for MA Legal Studies students a non-counting essay of 2,000 words.

LS 4025 / LX 4025
DISSERTATION
CREDIT POINTS 25

Course Co-ordinator: Dr C Kee

Pre-requisite(s): Available only to Senior Honours candidates for LLB with Honours.

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

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.

1st Attempt: Dissertation (100%).

LS 4028
MOVEABLE PROPERTY (HONOURS)
CREDIT POINTS 25

Course Co-ordinator: Professor D L Carey Miller

Pre-requisite(s): This course is only available to Junior and Senior Honours Candidates for the LLB with Honours.

The course examines accession; specification; derivative acquisition at common law and under The Sale of Goods Act; the protection of the right of ownership; the protection of the bona fide possessor; security and reservation of title.

7 two-hour seminars.

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

LS 4031
SUCCESSION HONOURS
CREDIT POINTS 25

Course Co-ordinator: Professor R Paisley

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

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.

7 two-hour sessions.

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

Formative Assessment and Feedback Information

WITHDRAWN FOR 2011/12 DUE TO STAFF SABBATICAL

LS 4032
UNJUSTIFIED ENRICHMENT
CREDIT POINTS 25

Course Co-ordinator: Professor R Evans-Jones

Pre-requisite(s): Non-Contractual Obligations (LS 1515).

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

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

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

Formative Assessment and Feedback Information

WITHDRAWN FOR 2011/12 DUE TO STAFF SABBATICAL

LS 4037 / LX 4037
HONOURS SCOTTISH LEGAL HISTORY
CREDIT POINTS 25

Course Co-ordinator: Dr A Wilson

Pre-requisite(s): 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.

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

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

7 two-hour seminars.

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.

LS 4039 / LX 4039
ANIMAL WELFARE LAW (HONOURS)
CREDIT POINTS 25

Course Co-ordinator: Mr M Radford

Pre-requisite(s): Available only to Junior and Senior Honours candidates for LLB with Honours, and candidates for the MA in Legal Studies.

Note(s): 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.

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

1 two-hour seminar a week for ten weeks.

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

LS 4040 / LX 4040
COMPARATIVE LAW
CREDIT POINTS 25

Course Co-ordinator: Professor R Evans-Jones

Pre-requisite(s): Available only to Honours LLB students.

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

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

The class meets about 10 times for around 1½ hours each meeting.

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

Formative Assessment and Feedback Information

WITHDRAWN FOR 2011/12 DUE TO STAFF SABBATICAL

LS 4044
LEGAL ISSUES INVOLVING ART AND ANTIQUITIES (HONOURS)
CREDIT POINTS 25

Course Co-ordinator: Dr C Roodt

Pre-requisite(s): Available to Junior and Senior Honours candidates for the LLB with Honours and to MA Legal Studies students.

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

  • Liability for the illicit trade in art and antiques and for false attributions

  • Uniform law.

  • Jurisdictional questions arising when art is loaned.

  • State ownership and treasure trove.

  • Claims to Nazi-spoliated art.

1 two-hour seminar per fortnight.

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

LS 4045 / LX 4045
HONOURS RURAL LAW
CREDIT POINTS 25

Course Co-ordinator: Ms A-M Slater

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

Note(s): 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.

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.

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

LS 4047 / LX 4047
GOVERNMENT AND LAW (HONOURS)
CREDIT POINTS 25

Course Co-ordinator: Mr M Radford

Pre-requisite(s): LS 1012 Foundations of Public Law. LS 1512 Civil Liberties and Human Rights.

Note(s): 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.

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.

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

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

LS 4050 / LX 4050
EUROPEAN ECONOMIC LAW
CREDIT POINTS

Course Co-ordinator: Professor F Becker

Pre-requisite(s): LS 1011, LS 2517. This course is available only to Junior and Senior Honours candidates for LLB with Honours.

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.

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.

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 and Feedback Information

LS 4057 / LX 4057
HONOURS ROMAN LAW
CREDIT POINTS 25

Course Co-ordinator: Dr A Wilson

Pre-requisite(s): None.

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

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.

7 two-hour seminars.

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 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. Alternatively, through staff and student consultation, this may be changed to optional weekly 1,000-word essays which will then be the basis for the exam in question.

LS 4059 / LX 4059
LAW AND MODERNITY
CREDIT POINTS 25

Course Co-ordinator: Dr M Bodig

Pre-requisite(s): This course is available to junior and senior honours LLB. It is also available for the MA in Legal Studies as a thirty credit option. The latter will require an additional formative, non assessed essay.

Note(s): It may be taken by honours law students and also by students on the MA in Legal Studies.

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

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

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

LS 4060
EVIDENCE HONOURS
CREDIT POINTS 25

Course Co-ordinator: Professor P Duff

Pre-requisite(s): LS 3002. Available only to Junior and Senior Honours candidates for LLB with Honours.

Note(s): This course will be available in the first half-session of 2008/09.

The course will address the following range of topics.

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

The course looks beyond Scotland for comparative experiences and commentaries.

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

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

LS 4065 / LX 4065
OIL AND GAS LAW
CREDIT POINTS 25

Course Co-ordinator: Mr G Gordon

Pre-requisite(s): None

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

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

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 and Feedback Information

LS 4066 / LX 4066
COMPANY LAW (HONOURS)
CREDIT POINTS 25

Course Co-ordinator: Mr P Masiyakurima

Pre-requisite(s): None

Note(s): This course is only available to Junior and Senior LLB Honours students.

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

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

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

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

Formative Assessment and Feedback Information

LS 4067 / LX 4067
CORPORATE FINANCE LAW
CREDIT POINTS 25

Course Co-ordinator: Mr T Burns

Pre-requisite(s): LS2019: Business law 2 (Law of Business Organisations); LS2515: Commercial Organisations.

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

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.

There will be 8 two-hour seminars. This is consistent with normal school practice.

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

Resit: When needed only.

Formative Assessment and Feedback Information

LS 4068
COPYRIGHT AND ALLIED RIGHTS
CREDIT POINTS 25

Course Co-ordinator: Mr P Masiyakurima

Pre-requisite(s): This course is only available to Junior and Senior Honours candidates for the LLB with Honours.

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

7 two-hour seminars fortnightly.

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

LS 4069
HONOURS CONTRACT LAW
CREDIT POINTS 25

Course Co-ordinator: Mr S C Styles

Pre-requisite(s): LS 1011, LS 1509, LS 2013. This course is available only to Junior and Senior Honours Candidates for the LLB with Honours.

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

2 hour seminar fortnightly.

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

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

Formative Assessment and Feedback Information

LS 4070 / LX 4070
EUROPEAN COURT OF JUSTICE: JUDICIAL ACTIVISM
CREDIT POINTS 25

Course Co-ordinator: Professor P Beaumont

Pre-requisite(s): LS 2011. Available only to Junior and Senior Honours candidates for LLB with Honours.

Note(s): 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.

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

1 two-hour seminar per fortnight.

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

Formative Assessment and Feedback Information

LS 4072 / LX 4072
LAW, ELECTIONS AND DEMOCRACY
CREDIT POINTS 25

Course Co-ordinator: Dr H Lardy

Pre-requisite(s): LS 1012 Foundations of Public Law.

Note(s): 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.

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

7 seminars (times to be arranged)

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

Resit: When needed only.

Formative Assessment and Feedback Information

LS 4073 / LX 4073
THE EVOLUTION OF INTERNATIONAL LAW IN A WORLD OF CRISES
CREDIT POINTS 25

Course Co-ordinator: Dr I Couzigou

Pre-requisite(s): Available only to Junior and Senior Honours candidates for LLB with Honours.

Note(s): This course is also available to candidates for the MA in Legal Studies as a 30 credit point course (LX 4073). This version of the course will require an additional element of assessment.

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.

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

LS 4529
HONOURS FAMILY LAW
CREDIT POINTS 25

Course Co-ordinator: Mr D Lessels

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

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

There are 7 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.

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

LS 4533
PRIVATE INTERNATIONAL LAW
CREDIT POINTS 25

Course Co-ordinator: Professor P Beaumont

Pre-requisite(s): LS 2507. Available only to Junior and Senior Honours candidates for LLB with Honours.

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

7 two-hour seminars during the course.

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

LS 4535
CIVIL LIBERTIES HONOURS
CREDIT POINTS 25

Course Co-ordinator: Dr H Lardy

Pre-requisite(s): LS1512

Note(s): 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.

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

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

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

LS 4538 / LX 4538
CRIMINAL JUSTICE HONOURS
CREDIT POINTS 25

Course Co-ordinator: Professor P Duff

Pre-requisite(s): Available only to Junior and Senior Honours LLB students and Junior and Senior Honours MA Legal Studies students.

Note(s): 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.

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.

6 two-hour seminars on a fortnight basis.

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

LS 4545 / LX 4545
INDIVIDUAL RIGHTS IN EU LAW (SELECTED TOPICS)
CREDIT POINTS 25

Course Co-ordinator: Miss L Cromar

Pre-requisite(s): 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).

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

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.

6 two-hour seminars, fortnightly unless otherwise arranged.

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.

LS 4547
PLANNING LAW
CREDIT POINTS 25

Course Co-ordinator: Ms A-M Slater

Pre-requisite(s): LS 2008 and LS 3007. Available only to candidates for LLB with Honours.

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.

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

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

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

LS 4557 / LX 4557
ADMINISTRATIVE LAW (HONOURS)
CREDIT POINTS 25

Course Co-ordinator: Mr M Radford

Pre-requisite(s): LS 1012 Foundations of Public Law; LS 1512 Civil Liberties and Human Rights

Note(s): 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.

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.

1 two-hour seminar a week for ten weeks.

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

LS 4559 / LX 4559
EUROPEAN LEGAL HISTORY (HONOURS)
CREDIT POINTS 25

Course Co-ordinator: Ms A Wilson

Pre-requisite(s): Available only to Junior and Senior Honours candidates for LLB with Honours or for the MA (Legal Studies).

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.

7 two-hour seminars.

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 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.

LS 4561 / LX 4561
MEDIA LAW (HONOURS)
CREDIT POINTS 25

Course Co-ordinator: Dr C Ng

Pre-requisite(s): LS 1512. This course is available to Junior and Senior Honours candidates for LLB with Honours and to Honours MA Legal Studies students.

Note(s): 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.

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.

6 two-hour seminars fortnightly.

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.

LS 4567
EMPLOYMENT LAW (HONOURS)
CREDIT POINTS 25

Course Co-ordinator: Ms C McCrossan

Pre-requisite(s): Available only to candidates for LLB with Honours.

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

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

LS 4570 / LX 4570
COMPARATIVE CONSTITUTIONAL LAW
CREDIT POINTS 25

Course Co-ordinator: Dr T Gyorfi

Pre-requisite(s): Available only to Junior and Senior Honours candidates for LLB with Honours who have passed LS 1512.

Co-requisite(s): None.

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

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

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

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

Formative Assessment and Feedback Information

LS 4571 / LX 4571
CORPORATE GOVERNANCE
CREDIT POINTS 25

Course Co-ordinator: Dr J Paterson

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

  • What is corporate governance and why does it matter?

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

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

  • Self-regulatory approaches to corporate governance

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

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

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

Resit: When needed only.

Formative Assessment and Feedback Information

WITHDRAWN FROM 2011/12

LS 4572 / LX 4572
MULTINATIONAL COMPANIES AND THE LAW
CREDIT POINTS 25

Course Co-ordinator: Dr T Burns

Pre-requisite(s): LS 2019: Business law 2 (Law of Business Organisations); LS 2515: Commercial Organisations.

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

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.

There will be 7 two-hour seminars.

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

Formative Assessment and Feedback Information

LS 4574
EUROPEAN COMPETITION LAW
CREDIT POINTS 25

Course Co-ordinator: Dr J Fitchen

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

Note(s): This course is not available to candidates for the MA in Legal Studies.

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.

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

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 and Feedback Information

LS 4575 / LX 4575
EUROPEAN CONSUMER LAW (HONOURS)
CREDIT POINTS 25

Course Co-ordinator: Miss L Cromar

Pre-requisite(s):

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

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

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

Formative Assessment and Feedback Information

WITHDRAWN FROM 2011/12

LS 4577 / LX 4577
HONOURS CRIMINOLOGY
CREDIT POINTS 25

Course Co-ordinator: Dr L Campbell

Pre-requisite(s): This course is only available to Junior and Seniour Honours students in the LLB (Honours) program.

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

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.

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

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

Formative Assessment and Feedback Information

WITHDRAWN FROM 2011/12

LS 4578
LEGAL HISTORY IN RECENT COURT PRACTICE
CREDIT POINTS 25

Course Co-ordinator: Dr A Wilson

Pre-requisite(s): This course is available only to Junior and Senior Honours Candidates for the LLB with Honours.

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.

7 two-hour seminars.

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

Formative Assessment and Feedback Information

LS 4579 / LX 4579
HONOURS RENEWABLE ENERGY LAW
CREDIT POINTS 25

Course Co-ordinator: Dr A L Pillai

Pre-requisite(s): This course is only available to Junior and Senior Honours candidates for the LLB with Honours.

Note(s): 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.

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

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

1st Attempt: 1 three-hour written examination (75%) and an essay of 2,500 words (25%). (MA Legal Studies / European Legal Studies students will have an additional non-counting essay of 1,500 words).

LS 4580 / LX 4580
THE USE OF FORCE IN INTERNATIONAL LAW (HONOURS)
CREDIT POINTS 25

Course Co-ordinator: Dr I Couzigou

Pre-requisite(s): This course is available only to Junior and Senior Honours Candidates for the LLB and Honours MA Legal Studies students.

Note(s): 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.

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

6 two-hour seminars.

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

LS 4582 / LX 4582
INTERNATIONAL CRIMINAL LAW
CREDIT POINTS 25

Course Co-ordinator: Dr Ian Taggart

Pre-requisite(s): LS 1009

Note(s): Available to Honours LLB and MA Legal Studies students only. For Honours MA Legal Studies students the course has a credit point value of 30. This variation of the course requires an additional element of assessment.

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.

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

First Attempt: 1 two-hour written examination (50%); students are also required to complete one formative 5,000 word essay (50%).