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LLM: for those holding a 'Non Law' Degree. Although the degree is awarded primarily by way of a researched dissertation, there is a mandatory taught law module included in this Master in Laws (LLM) programme for those holding a non law degree. See Assessment 1 below.
ASSESSMENT 1 * Taught by distance learning.1. General Principles of Law
*Assessment 1 (course syllabus) GENERAL PRINCIPLES OF LAW UNITS 1 - 5 Unit 1: The English Legal System: The Nature and Development of English Law: including the nature and functions of the Law; an awareness of the development of the Common Law and the Writ system; the development of Equity and its role in the law today and the effects of The Judicature Acts 1873-75: Modern day sources of Law: including legislation, both primary and delegated; statutory interpretation; the doctrine of Judicial Precedent; an awareness of the role of Community Law. Dispute solving in English Law: including the Court system and structure, Legal Personnel (i.e. The Judiciary, Barristers, Solicitors and Paralegals); composition and jurisdiction of the Civil and Criminal Courts; the Appellate system; Tribunals; Arbitration and Mediation. Unit 2: The Law of Contract: Formation of a Contract, including offer and acceptance; intention to create legal relationships; form; legality and contracts in restraint of trade; consideration; consensus ad idem and capacity. Vitiating Factors: including mistake and undue influence; mistake and misrepresentation. Terms of a Contract: including conditions and warranties; express terms with particular reference to exemption clauses; implied terms with particular reference to the sale of goods and the supply of services. Discharge of Contractual Obligations: including discharge by performance; discharge by agreement; discharge by breach and frustration. Remedies for Breach: including the difference between common law and equitable remedies; damages; rescission; specific performance and injunction. Unit 3: The Law of Tort: The Nature of and Liability in Tort: including fault bases liability; strict liability; the doctrine in Ryland -v- Fletcher; vicarious liability and limitation of actions. Negligence: including duty and standard of care; contributory negligence; res ipsa loquitur; proof of damage and negligent mis-statement; Nuisance: including public nuisance, private nuisance, defences and remedies. An awareness of Trespass to the Person (assault, battery and false imprisonment, with their defences). General Defences: including volenti non fit injuria; mistake; act of God; inevitable accident. Unit 4: Criminal Law: The Nature of Criminal Law: including the nature of a crime; distinction between crimes and tort; burden of proof. Classification of Offences: including summary, indictable, hybrid and arrestable offences. Elements of a Crime: including actus reus, mens rea and strict liability; basic intent, specific intent, express intent and implied intent. General Defences: including automatism; mistake; insanity; duress and intoxication. Homicide: including lawful and unlawful homicide; causation in fact and causation in law. Murder: including its definition; malice aforethought express and implied., the differences between murder and manslaughter. Manslaughter: including voluntary and involuntary manslaughter, recklessness, special defences to murder - diminished responsibility, provocation, suicide pact and infanticide. Theft: an understanding of theft, robbery, burglary and obtaining by deception. Unit 5: Wills, Intestacy and Family Provision: Wills: including the nature of a Will, testamentary capacity; formalities; attestation; additions and alterations; informal wills and revocation. Legacies and Devises: including an understanding of legacies, devises, bequests, gifts, lapsing, abatement and ademption. Intestacy: including the rules of intestate succession. Family Provision: including the basis of family provision, the class of claimants and factors taken into by the Courts. PROCEDURAL LAW UNITS 6 - 10 Unit 6: Procedure in the County Court: including the commencement of proceedings; the rules regarding litigants under a disability; the difference between procedure in the County Court proper and the Small Claims Court; types of summonses; the preparation, issue and service of a default summons; admission; default; pleadings (Particulars of Claim, Defence and Counter- claim); interlocutory applications; pre-trial review; discovery; payment into court; obtaining judgment; ways of enforcing a judgment. Unit 7: Matrimonial Disputes: including the contract of marriage; the grounds for divorce and the Five Facts under The Matrimonial Causes Act 1973, an understanding of the changes introduced by The Family Law Act 1996; voidable marriages; an undefended divorce - documentation and the sequence of events; contents of a Petition; Affidavit in Support; Decree Nisi and Absolute; an awareness of orders relating to children - contact orders, residence orders, prohibited steps orders and specific issue orders - and ancillary relief; domestic jurisdiction of the Magistrates Court. Unit 8: Criminal Proceedings including the commencement of criminal proceedings - laying an information, summons and arrest; procedure on summary trial, guilty pleas (including pleading guilty by post) and pleas of not- guilty; hybrid offences; transfer of indictable offences from Magistrates Court to Crown Court; Bail; Criminal Legal Aid; Trial on Indictment from arraignment to sentence; burden of proof; qualification and selection of jurors; types of sentences and an awareness of juvenile proceedings. Unit 9: Conveyancing including the fee simple absolute in possession; the term of years absolute; the effect of the 1925 property legislation; Registered titles; the system of Land Registration; estates capable of registration; classes of registered titles; Land/Charge Certificates; parts of the Register; third-party rights; registered Charges; overriding interests and minor interests; procedural steps in connection with both a registered and an unregistered title from initial instructions through to completion and beyond; the effects of The Law of Property (Miscellaneous Provisions) Act 1989; pre-contract Searches and Enquiries; post-contract Searches; deducing and investigating title; co-ownership an awareness of possessory titles, restrictive covenants, exceptions and reservations and easements and an awareness of the form of a Conveyance and a Transfer. Unit 10: Succession including what happens to a person's estate on their death; the necessity for a Grant; Executors and Administrators, their powers and authority; Grants of Probate; Grants of Probate with the Will Annexed; Grants of Letters of Administration; steps in obtaining a Grant; documents involved; order of priority to obtain a Grant of Letters of Administration; post-Grant steps; an understanding of double and cessate Grants, Settled Land Grants, Grants de bonis non, Administration pendente lite and Caveats; the Commorientes Rule.
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