CONTENTS
Note on this Handbook
PART I
INTRODUCTION TO THE LAW SCHOOL
1
COURSE OVERVIEW
Programme Outcomes
European Credit Transfers (ECTS)
Academic Year Structure
2
3
3
4
LECTURES AND SEMINARS
Taking Notes
Lectures
Seminars
Seminar Cycles
Legal Skills
Sophister Seminars
Non Satisfactory Attendance (NS)
Module Materials
5
5
5
6
7
7
7
7
8
COLLEGE PORTAL AND TIMETABLES
Optional Law Modules
Timetables
9
9
10
EXAMINATIONS AND ASSESSMENT
Duration of examinations for Law modules
Examination Sessions/Periods
Examination Timetables
Essays
Handwriting
Course rules
Detailed Course Regulations
German Assignments
Past Exam Papers
Medical Certificates
Examination Results
Finality of Module Results
Regulations for Re-Checking Scripts
Appeals
Aegrotat Degree
Foundation Scholarships
11
11
12
12
12
12
12
12
15
16
17
17
17
18
18
19
19
PLAGIARISM
22
TRANSFERS TO AND FROM COURSES WITHIN COLLEGE
24
LAW AND GERMAN COURSE STRUCTURE
Modules and Semesters
Broad Curriculum Modules
Sophister Module Choices
Changing Sophister Modules
Senior Sophister German Topics
Module Evaluations by Students
Year Abroad – Erasmus/Exchange Programme
Current Links
Information Session
Contacts
25
26
29
29
30
30
31
32
32
32
32
LOCATION OF AND ACCESS TO THE LAW SCHOOL
38
STAFF MEMBERS OF THE SCHOOL OF LAW
Office Opening Hours
Officers
Academic Staff (Undergraduate)
Arthur Cox Teaching Fellows
Administrative Staff
39
39
39
40
43
44
DEPARTMENT OF GERMANIC STUDIES CONTACTS
45
STAFF STUDENT CONTACT
Academic Problems
References
Transcripts
Internships and Summer Posts
Personal Tutors
Mentoring Programme
Student2Student
Law School Committee
Law School Executive
Email
Noticeboards
Local Access Website
47
47
47
47
48
48
48
48
49
49
49
49
50
SOCIAL EVENTS
Receptions and Christmas Drinks
Staff – Student Walk
Law School Cabaret
Debating and Mooting
Conferences
51
51
51
51
51
51
Trinity College Law Student Colloquium
Social Events in Germanic Studies
51
52
STUDENT WELFARE
Personal Tutor
Student Counselling
Student2Student
Niteline
Student Health Service
Students’ Union Welfare Officer
Free Legal Advice Centre
Chaplains
Careers Advisory Service
53
53
36
53
53
53
53
54
54
54
HEALTH AND SAFETY
Fire Safety
Fire Exits
First Aid
Accident Reporting
Other Matters/Safety Officers
55
55
55
55
55
55
STUDENT SOCIETIES
DU Law Society
Free Legal Advice Centre
European Law Students’ Association (ELSA)
Trinity College Law Review (TCLR)
The Hist and the Phil
56
56
56
57
57
57
PART II
BOOK OF MODULES
German Law Modules
Law Modules
German Language Modules
BESS/Non-Law/Exchange Modules
61
61
64
103
114
PART III
LEGAL RESEARCH AND LEGAL WRITING
Legal Research
Legal Writing
Legal Citation Guide
118
118
119
119
Appendix 1:
Appendix 2:
Appendix 3:
Academic Year Structure
Oscola
Examining Conventions
121
122
123
SCHOOL OF LAW AND DEPARTMENT OF
GERMANIC STUDIES
A NOTE ON THIS HANDBOOK
This handbook provides a guide to your degree programme. It outlines the
structure of the programme and indicates what is expected of you. It offers
guidance as to how you should interact with the academic community that
you are now joining. It also sets out the supports that are available to you. We
strongly advise that you read through this handbook during Freshers’ Week
and then keep it as a reference for the duration of the degree programme.
The information in the handbook changes slightly from year to year, but you
will not be given another hardcopy of it.
Information is also available on the Law School’s website and the handbooks
for all programmes can also be found there should you ever lose this one.
The information in this handbook is accurate at the time of preparation. Any
additional information considered necessary will be emailed to your TCD
email account. You should check your TCD email account at least once a day
during term time to ensure that you do not miss any important notices.
In the event of any conflict or inconsistency between the General Regulations
published in the University Calendar and the information contained in this
handbook, the provisions of the General Regulations will apply.
INTRODUCTION TO THE SCHOOL OF LAW
Welcome to the School of Law in Trinity College, Dublin. You are joining a
community of scholars – students and professors – of the highest calibre.
There are 24 full-time members of staff, many of whom are the leading
experts in their fields of study. Adjunct lecturers help us to offer a greater
diversity of modules to you. There are approximately 800 undergraduate
students on our five degree programmes. You will also get to know some of
our 200 postgraduate students, many of whom will be delivering seminars to
you in your Freshman modules. Although this may sound like a lot of people,
you will quickly learn that we are a small and friendly school. We place
student welfare at the heart of the School’s activities.
Our undergraduate degree programmes are among the most highly regarded
in the world and enable students to become autonomous, self-directed
learners, critically engaging with law and legal scholarship. Students learn
both how to construct sound arguments within the legal discipline and how to
conceptualise and evaluate law as a social phenomenon.
Creativity and independent thinking are amongst the key attributes we foster
amongst our students. In the Freshman years, fundamental skills are taught
through a study of core legal topics: legal research, case law method,
statutory analysis, oral and written argument. In the Sophister years, an
unparalleled range of modules allows students to explore diverse interests
and novel approaches to the law, tailoring their studies in accordance with
students’ particular areas of interest.
The globalised character of law is emphasised in many modules as well as
through our highly successful exchange programme which has both longestablished and ever-developing links with some of the best law schools in
Europe, North America, Asia and Australia.
The Law School is a vibrant and inclusive community. Inspired by the value of
mutual respect, we - students and staff alike - understand ourselves to be
involved in the common endeavour of broadening and deepening legal
scholarship. We educate people who will be the leaders of the legal
profession, the public service, business and society, and who will demonstrate
the highest standards of personal integrity and professional ethics, as well as
a deep concern for social justice
1
COURSE OVERVIEW
Since October 1993, the four-year Law and German degree programme has
been offered by the Law School in conjunction with the Department of
Germanic Studies. Together with the Law and French programme the two law
and language courses form a small, close-knit and valued community within
the Law School and the German Department.
Law and German is both a demanding and rewarding degree. It offers
students the opportunity to combine the study of Irish law with a grounding in
German law, the German language, and elements of German society and
culture.
The main professional and academic importance of studying German law is
that Germany is one of the principal civil law legal systems, in marked
contrast to our own common law system. Understanding the German
approach to law is therefore particularly relevant in the context of increasing
European integration. Furthermore, the ability to conduct legal work through
German is very important in the fields of European and international law.
The honor course in Law and German normally requires four years of study.
In the Junior and Senior Freshman years, students study aspects of the Irish
and German legal systems, together with elements of common law and civil
law. In addition, they study German language and culture. The Junior
Sophister year is spent abroad, studying legal or related modules in a German
speaking university, within the framework of the ERASMUS exchange
programme. Students’ academic performance at that university counts
towards a significant portion of their overall degree. 35 per cent of final degree
marks will be awarded on the basis of grades obtained during this year.
The degree is offered through the co-operation of the School of Law and
Germanic Studies Department.
The German component of the Law and German degree programme is
designed:

to train students to acquire the greatest possible fluency in the
German language, and,

to familiarise students with the German legal system and its
terminology, and to enable them to develop a clear grasp of the
cultural, political and societal context in which the German legal
system has evolved and operates.
The study of the German language is firmly integrated with the study of
substantive material. This includes German law as well as Germany’s cultural
history. German area studies, culture, politics and society are covered in order
to provide students with a contextual background for their specific legal
expertise and an understanding of modern Germany. All German law lectures
are conducted through German.
There is a strong emphasis on developing a knowledge and understanding of
the German legal system, substantive law and legal methodologies. Due to
the time invested in studying German and German law over the four years,
2
COURSE OVERVIEW
students cover fewer Irish law modules and have a reduced choice of optional
law modules, compared to a straight law degree.
The third year of the programme must be spent studying law at a respected
German university. This mandatory year in Germany is a key element of the
degree. It is valuable not only for the academic benefits it confers but also
more broadly for the personal development and transferable skills which
students develop while living and working in a different country.
Due to the time invested in studying German language, culture and law over
the four years, students cover fewer Irish law modules and have a reduced
choice of optional law modules, compared to the ordinary LL.B. degree.
In addition to a general interest in the study of law, students on this course will
need a specific and strong interest in Germany and its language, culture and
law.
Programme Outcomes:
Having completed this degree programme, students should be able to:

Identify, evaluate and synthesise jurisprudential theories and concepts;

Use appropriate legal theories, doctrines and concepts to identify,
formulate, analyse and solve legal problems within national and
international contexts;

Map the relationship between law and society, including the role of law
in promoting and responding to social change;

Demonstrate a capacity for critical reflection and judgement in the light
of evidence and argument

Discuss and debate different perspectives on legal problems, theories
and doctrines in both a national and international context;

Conduct effective and targeted research in case law, legislation and
academic legal commentary at both the national and international
levels, in particular in the Irish and German legal systems;

Demonstrate a differentiated and in-depth knowledge and
understanding of, together with an ability to evaluate critically, the legal
environment and institutions of the countries where the target language
is spoken and to place these in their historical context

Demonstrate a high level of oral, aural and written proficiency in the
German language, including the ability to discuss freely general and
legal topics, and to evaluate, synthesise and present legal arguments
in a structured, reasoned and coherent way in both written and oral
modes;

Integrate critical linguistic and cultural awareness with the appropriate
knowledge and strategies to deal creatively and ethically with
challenges in communication in social and professional settings
3
COURSE OVERVIEW

Demonstrate flexibility, adaptability and independence in order to
engage productively with a changing social, cultural and technological
environment and with a capacity to move effectively within and
between cultures;

Have developed the capacity to engage in life-long learning, including
vocational training for the legal profession.

Work and communicate effectively as an individual and in teams in
multi-disciplinary and multi-cultural settings
European Credit Transfer System
You must study 240 ECTS over the duration of the four years. Generally this
entails 60 ECTS per year.
The ECTS weighting for a module is a measure of the student input or
workload required for that module, based on factors such as the number of
contact hours, the number and length of written or verbally presented
assessment exercises, class preparation and private study time, classes, and
examinations. There is no intrinsic relationship between the credit volume of
a module and its level of difficulty.
In College, 1 ECTS unit is defined as 20-25 hours of student input so a 10credit module will be designed to require 200-250 hours of student input
including class contact time and assessments.
The Academic Year Structure
The academic year is divided into two semesters (also referred to as
Michaelmas and Hilary Term), with examinations taking place after the
second semester (in Trinity Term). Reading Weeks will take place in the
seventh teaching week (Calendar weeks 11 and 27) of each semester.
Michaelmas Term:
Hilary Term:
Trinity Term:
23 September – 13 December 2013 (weeks 5-16)
13 January – 4 April 2014 (weeks 21-32)
7 April – 25 April 2014 (Revision Period)
28 April – 23 May 2014 (Examination Period)
Full details of the academic year structure are set out in Appendix 1.
4
LECTURES AND SEMINARS
Our core educational aim is that all our students become self-directed, critical
thinkers, well-versed in the law and legal scholarship. In order to achieve this
aim, we have developed a mixed pedagogical approach of lectures, seminars
and independent coursework. Your professors have different styles and you
will benefit from the broad range of approaches to teaching and learning.
Indeed, the Law School is one of the most innovative centres in College when
it comes to teaching and learning, as evidenced by the fact that
proportionately more law professors have won the College’s Provost’s
Teaching Award than have professors in any other discipline. You will learn
from each of your professors what is expected of you. What follows here is an
account of some common requirements.
Lectures and seminars1 commence on the hour and finish 50 minutes later.
Taking Notes:
A lecture is designed to provoke thought, encourage learning and impart
information to the audience. Note-taking at a lecture should, therefore, be
regarded as an aide-memoire and not as the principal objective. Students
should concentrate primarily on hearing everything said by the lecturer, and
then commit it to paper. Good note-taking might consist solely of writing a
single key-word or phrase - provided it prompts clear and accurate recall
when revising. Students should also make a note of their own ideas or
reactions to a lecture.
Different lecturers have different styles of lecturing and different expectations
of students in lectures. Some will require interaction from the class and your
co-operation is expected in this regard. Some lecturers will require you to
prepare for lectures by completing assigned reading. Others expect you to do
the reading after lectures. When taking notes from assigned reading, it is
advisable to consult (and take relevant notes from) the leading textbook in
that area. When reading an article or case, look first at the subheadings, if
any, to understand the structure of the document. Then read through it once,
mentally noting important passages. Some students transcribe those
passages into their notebook or onto their computer, adding their own
comments, others prefer to summarise important passages. Alternatively, you
can paraphrase the passage involved, always making a note of where you
found it so that you can cite it properly and check it later if required.
At Lectures:
Lectures are a communal learning environment. Certain standards of
behaviour must be followed both to allow the lecture serve its function but
more basically out of common courtesy to your fellow students and the
lecturer.
(i) Students must be punctual. Latecomers distract the lecturer and
students and impede the flow of the discourse.
Seminars are often referred to as ‘Tutorials’. The School of Law uses the phrase ‘Seminar’;
other schools and departments may refer to them as ‘Tutorial’.
1
5
LECTURES AND SEMINARS
(ii) It is extremely ill-mannered to converse with one’s colleagues
during a lecture. If the lecturer mentions something that you do not
understand, simply raise your hand and ask the lecturer to clarify
the point. If you still cannot grasp the issue involved, wait until the
lecture has ended and approach the lecturer then.
(iii) Although it is perfectly acceptable to use laptop computers for the
purposes of taking notes or other tasks related to the lecture, you
should not use them for social networking or more solitary online
pursuits. This is a distraction to your fellow students but it is also a
waste of your time.
(iv) Mobile phones must be switched off before every lecture.
If you do not comply with these requirements, the lecturer may ask you to
leave the lecture theatre.
Seminars:
In addition to lectures, students are required to attend seminars arranged by
the Law School. Such seminars are held in all of the Freshman modules and
some of the Sophister options. The same standards of behaviour apply to
seminars as to lectures. The main difference is that seminars occur in smallgroups and are discussion-based. Therefore, all students must read the
assigned material in advance and be prepared to participate as directed by
the seminar tutor. The topics for seminars will be announced well in advance
and a reading list of relevant materials supplied by the course lecturer, so that
students can familiarise themselves with the matter fully.
The composition of seminar groups, which generally consist of 12 -16 people,
will be notified a number of weeks before the seminars start. Each freshman
module will have four seminar cycles.
Seminar Groups: each student will be assigned to a seminar group. Students
will be in the same group for each module. Students must attend the seminar
organised for their assigned group.
Seminars commence during the fourth teaching week of Michaelmas Term
(Calendar week 8) and the cycle will finish on the twelfth teaching week
(Calendar week 16). In Hilary Term, seminars commence in the fourth
teaching week (Calendar week 24) and will finish on the twelfth teaching week
(Calendar week 32).
The seminar cycles for law modules will run as follows for Freshman
Seminars:
6
LECTURES AND SEMINARS
Michaelmas Term
Calendar Weeks 8, 10, 13, 15 or
or
Calendar Weeks 9, 12, 14, 16
Hilary Term
Calendar Weeks 24, 26, 29, 31
Calendar Weeks 25, 28, 30, 32
Legal Skills
In addition to seminars for your Junior Freshman Law modules, all Junior
Freshman students must attend a “Legal Skills” course. Details of this are
provided in the Book of Modules (See Part II). Classes are for one hour a
week for 3 weeks (with one of those hours taking place in a computer lab).
Thereafter, students must attend 4 seminars.
The Legal Skills classes will run as follows:
Michaelmas Term
Calendar Weeks 5 – 6 (all groups)
Calendar Weeks 7 (computer labs)
Calendar Weeks* 8, 10, 13, 15
Calendar Weeks* 9, 12, 14, 16
* Depending on seminar groups.
Sophister seminars
Some Sophister law modules will have seminars. Details of these will be
announced at lectures.
Non-satisfactory attendance and assessment:
Students must attend seminars at the time specified for the group to which
they are assigned. If you are assigned a time at the start of the year which
will cause you a recurring difficulty (for instance, on account of a family
commitment), you should contact the Secretariat immediately. It may be
possible to assign you to a different group. Thereafter, you must attend every
seminar in that group at the time that you have been assigned.
If there is a grave and compelling reason why you are unable to attend a
particular seminar, you must submit an online request to change seminar
groups. It may be possible to change a seminar time for one week only.
Requests for all changes should be made at least two working days before
the seminar is due to take place. Changes will be permitted if the reason is
valid and if there is room in the seminar group.
To submit a request to change seminar group please visit the Seminar Group
Form on the Law School local access website – http://www.tcd.ie/Law/local
Failure to attend and participate in seminars/tutorials can result in a
student being denied permission to sit the annual examinations.
Provision of Module Materials
Lecturers take different approaches to the provision of module materials.
Nearly all lecturers will provide you with a reading list. Some lecturers may
7
LECTURES AND SEMINARS
provide you with notes for the module. Other lecturers may provide you with
the reading material, or links to the reading material. This reflects our diverse
pedagogical approaches which greatly enrich your educational experience on
the degree programme. These module materials may be handed out at
lectures, available from the reading list area (beside the stairs in House 39) or
posted on Blackboard - http://mymodule.tcd.ie/
To log onto the Blackboard you need:
(i) your TCD username and
(ii) your TCD Network Password
Only modules that you have registered for will appear on Blackboard. If you
cannot see your module you must check with Anne Burke or Mairead
Morrissey in the Law School Secretariat to ensure you are correctly enrolled
for the class.
8
THE COLLEGE PORTAL AND TIMETABLES
You will be able to access most information about your modules and
timetables through the portal. By logging onto my.tcd.ie, you will be able to
do the following:
1.
2.
3.
4.
5.
view your timetable for lectures, seminars and examinations;
view your modules;
pay your fees;
receive a breakdown of your results and review past results;
receive emails.
This is a new system and it will be developed to allow for online module
registration and ongoing provision of module assessment results. Students
will be advised of developments and changes in practice as the new system
develops.
In order to log onto my.tcd.ie you will need your valid student login and
network password. This information should not be shared with anyone. If you
lose or forget your login or password you must contact the College Helpdesk
(located in Aras an Phiarsaigh). Your password and network details will be
released to you only upon presentation to the Helpdesk of your College ID
card.
The Law School Office does not have access to students’ network
logins or passwords.
Optional Modules
Students with optional modules MUST ensure that the information contained
in my.tcd.ie is correct. The modules listed for you here ARE the modules that
you will be registered to take exams in. If, when viewing your timetable on the
portal, you notice that the modules you wish to take do not appear, or
modules you do not wish to take appear, then you may be registered for the
wrong modules. You should contact Mairead Morrissey (morrissm@tcd.ie)
and Anne Burke (aburke@tcd.ie) to rectify the matter.
In the first semester you may change your modules by the end of Calendar
week 6 (ie. second week of teaching). Please note there may be limited
availability for some Sophister modules. It is therefore advisable to choose
your modules carefully. Should you wish to move modules, you should do so
as soon as possible.
In the second semester you may change your modules by the end of
Calendar week 21 (ie. first teaching week). This deadline is FINAL and is
required in order to enable the Examinations Office prepare the Annual
Examination Timetable. After this week the Law School will not have access
to the database to change the modules. It is your responsibility to ensure that
your modules are correctly recorded on the Portal.
9
THE COLLEGE PORTAL AND TIMETABLES
Timetables
Students must attend College during the teaching term. The onus lies on
students to inform themselves of the dates, time and venues of their lectures,
seminars and other forms of teaching by consulting the School/departmental
timetables. Each Department/School is responsible for the production of its
own timetable.
Students are advised to check their course modules, lecture timetables and
seminar timetables on my.tcd.ie. They should also check the hardcopy
timetables posted on the notice boards in the Law School. Lecture timetables
are posted on the noticeboard inside the front door of House 39. Seminar
timetables are posted on the noticeboard at the bottom of the stairs, on the
left. If any of the seminar classes you have been assigned to clash, you
should contact the Secretariat immediately.
During the first week of term, copies of law lecture timetables are available
from the Law School hall.
Attendance at lectures and seminars is COMPULSORY for Junior
Freshman students. Attendance at seminars is compulsory for students
in all years.
Unsatisfactory attendance at lectures and seminars may result in a
finding of ‘Non-satisfactory’, in which case a student will not be
permitted to take his/her annual examinations.
10
EXAMINATIONS AND ASSESSMENTS
Duration of Examinations
Duration of all Examinations for Law Modules and appropriate weightings of each module:
Year
Examination Duration
Weighting
JF
2 hour paper in each of the four law modules.
Each paper carries ECTS
weighting in determining the
overall mark for the year.
German Law: essay and tests
German Language: see module descriptions
SF
German Text and Area Studies: see module
descriptions
2 hour paper in each of the four law modules.
Each paper carries ECTS
weighting in determining the
overall mark for the year.
German Civil Law: essay and 2 hour exam
German Language: see module description
JS
SS
German Cultural History: see module
descriptions
This year spent studying in Germany counts towards the Law and German
degree. The results obtained in Germany will count for 35% of the final degree
mark.
2 hour paper in each of the modules unless
otherwise notified in Book of Modules or by the
module Lecturer.
Each paper carries ECTS
weighting in determining the
overall mark for the year.
German law: 2 essays
German Language: see module descriptions
German Translation: see module descriptions
Examination Sessions/Periods
There are two examination sessions: Annual and Supplemental (see Appendix 1 for
dates). A supplemental examination may be held in Michaelmas Term for JF, SF and JS
years. Students are, in the first instance, required to present for examination at the annual
session for their class.
Students who are unable to complete their examinations at the annual or supplemental
session due to illness (see below) or other grave cause beyond their control may apply to
the Senior Lecturer (through their Tutor) for permission to repeat the year. Examinations
outside these two sessions will only be considered by the Senior Lecturer in exceptional
circumstances.
11
EXAMINATIONS AND ASSESSMENTS
Examination Timetables
Examination timetables (which are set by the Examinations Office and not the individual
Schools and Departments) will be published in advance of the dates of examinations on
my.tcd.ie.
They will not be published on local noticeboards. Students are advised to consult the
website and their email accounts regularly for any changes to the schedules. The onus is
on the student to ensure they have the correct timetable.
Anonymous marking for all undergraduate examinations is fully implemented. This does
not apply to continuous assessment and term tests.
Course rules
For course rules, please refer to the current edition of the College Calendar, which is
available from the local homepage of the TCD website: http://www.tcd.ie/calendar/part1/
(See page L46 et seq. for Law and German).
The Examining Conventions (Appendix 3) set out the rules on coursework and
assessment.
Essays
The module lecturer will advise you if there is a coursework element to the assessment of
your module. You must meet the deadline to submit the essay. You must submit your
essay during office hours to the Law School Secretariat and sign the book provided. Late
submission is subject to penalties as advised by the module lecturer.
Handwriting
Students must ensure that they write legibly on their examination scripts and coursework.
Examiners can only mark content that they can read. Failure to write clearly may result in
a poor grade being awarded.
** IMPORTANT FOR ALL YEARS ** Detailed coursework regulations
The following are the general regulations, which will apply to Law and German essays and
assignments unless the lecturer or examiner specifies other rules to be applied to a
particular assignment.
Where an assignment is to be submitted to the German Department, you must be sure to
comply with that department’s regulations.
1) Purpose of these regulations
The aims of the following detailed regulations are, firstly, to allow each student to know the
formalities and conventions with which his or her assignments are expected to comply,
and, more importantly, to ensure fairness and a level playing field as between all students
completing a particular assignment. This is the guiding principle and is of particular
relevance when it comes to requests for deadline extensions.
12
EXAMINATIONS AND ASSESSMENTS
2) Format
(i) Assignments will preferably be typed but may instead be handwritten. Weekly or short
term homework assignments are generally handwritten.
(ii) Where work is typed, the following format is preferred:




12 point font
1.5 line spacing
fully justified
headings and subheadings in a clearly distinguishable style, such as bolded or
underlined
(iii) items to be included:




footnotes at the foot of each page
where appropriate, a table of contents at the beginning of the document
bibliography at the end of the document
word count included at the end
3) Identifiers
In general, you may choose freely between your name and student ID number to label
your work.
4) Citations and plagiarism
Always cite your sources as fully as possible. Never incorporate material quoted from
another source without making it quite clear that it is a quote. Plagiarism is a very serious
offence, and you must be very careful to ensure that all your sources are fully attributed.
Sloppy research is the most frequent cause of unintentional plagiarism, so be sure to keep
proper notes and citations for all the sources you encounter in the course of your research.
College regulations on plagiarism apply.
5) Declaration of authorship
Please submit a declaration in the form set out in the Law School's Assignment
Submission Form/Essay Cover Sheet with each of your written assignments. The template
is available on the Law School's Local Access Website.
6) Word counts
In general, we will accept without penalty assignments which are less than ten per cent
above or below the specified required length.
Otherwise, essays which are too short are highly likely to lose marks for content. Essays
which are too long may be penalised by the deduction of marks.
7) Topic choice
Where you are permitted a certain amount of latitude in your choice of topic for an
assignment, as opposed to choosing from a list of titles, you must inform the lecturer in
advance of your proposed topic and obtain his or her authorisation to proceed. (If you are
abroad the Law and German Coodinator for Law must give her approval.)
13
EXAMINATIONS AND ASSESSMENTS
8) Coursework duplication
You may not present what is substantially the same piece of work more than once in the
course of your degree. If you attempt to do so, the usual severe Law School penalties will
apply. These can include being awarded 0% for both assignments.
9) Deadlines
(i) In general, assignments should be submitted to the Law School office before 4pm
(when it shuts) on the submission deadline. Early submission is always possible.
(ii) If you have good reason to seek an extension, or if you are unable to meet a deadline,
you must talk to the lecturer concerned and/or your tutor about it as early as possible, and,
in any event, before the submission deadline.
(iii) In appropriate circumstances, and where there is good reason to do so, the lecturer
may, at his/her discretion, grant an extension to one or more students in relation to a
particular assignment. No distinction will be made between the application of the
regulations to different students except where, and in so far as, such distinction may be
justified by the circumstances.
10) E-mail submission
(i) please e-mail an electronic copy of your work as well as handing in a hard copy.
(ii) If you are having difficulty printing out your assignment, e-mail it to before the deadline
expires.
11) Late submission penalties
(i)
A scale of penalties shall be applied whereby an increasing number of marks will be
deducted from the grade awarded to a late assignment in proportion to the period by which
it was late.
(ii)
day.
The general scale will be a deduction of 10% (not 10% of the awarded mark) per
(iii)
If there is convincing and exceptional reason to do so, the scale of penalties to be
applied to a particular assignment may be amended. The same scale shall be applied to
all students, having regard, however to distinctions between different reasons advanced
(with supporting documentation, where relevant) to explain the late submission.
12) Non-completion
Where a student fails to complete a mandatory coursework element, without receiving a
specific exemption from that assignment, he or she will receive zero for the percentage of
the annual grade assigned to that exercise, and, whether or not the assignment counts
towards the end of year grade, he or she may, at the discretion of the Court of Examiners,
be deemed non-satisfactory and therefore barred from sitting his end of year exams.
13) Modification and waiver
14
EXAMINATIONS AND ASSESSMENTS
Where there is good reason, these regulations may be amended or deadlines postponed,
but only in consultation with the entire class. If the class wishes to seek to have a
regulation amended for an assignment, speak to me about it as early as possible.
14) Appeal to tutors
If a student believes that in a particular case, the application of these rules leads to
injustice, he or she may approach his or her College tutor to discuss the matter and if
appropriate, request the tutor’s intervention on his or her behalf.
15) Communication
If you have any doubts, queries or difficulties in relation to these rules or your
coursework, it is always best to contact the Course Coordinator as early as
possible.
German Assignments
It is the general practice of the Department of Germanic Studies to expect students to
submit one piece of written language work per week in the Freshmen years. Additionally,
in the JF year, students have to complete an online test each week.
All assessed assignments must be of the stipulated length and must be submitted before
the stated deadline, or penalties will be incurred. If you need to request an extension and
have a valid reason for this, contact the lecturer who assigned it as early as possible, prior
to the deadline. Work submitted late without an extension granted incurs increasing
penalties.
Assessment dates
Examinations for all law modules, including those taught in Michaelmas Term, take place
in the examination period in Trinity Term. Various components of the Law and German
degree also include continuous assessment.
Assignment submission dates
In addition to the following, you will be required to complete many assignments which
need not be signed in.
Assignments to be signed in to the Department of Germanic Studies
Hilary Term:
SF
All
Kulturgeschichte Project
12.00 on Fri wk 4 HT
Assignments retained by the Department for scrutiny by the External Examiner (all other
work will be returned, as notified in class).
JF and SF students must deposit assessed work in the locked mailbox beside the
departmental office (Room 5065) by the specified time. For submission dates: see
above. The mailbox is emptied at 12 noon on submission dates. JS & SS students must
15
EXAMINATIONS AND ASSESSMENTS
sign in all assessed work in the Departmental Office at the specified times and on the
specified sheet. The Departmental Executive Officers will countersign the sheet. The
Department takes no responsibility for work that is handed in or left in the office
without signing and counter-signing.
In case of accident or loss, all students should keep hard and disk copies of all assessed
work. You are also required to submit any assessed work as an e-mail attachment
(Word) so that it can be run through anti-plagiarism software.
Assignments, other than dissertations, should be stapled together and not placed in
folders or binding of any sort. Please write clearly on the front page: your name, the title
of the course, and the name of the lecturer responsible for it.
There will be a folder for each assignment in 5065, with a signing-in sheet inside. Please
be sure to sign your project in, and to ask a member of staff to countersign.
If you need to request an extension, use the extension forms available from the window
of 5065. Work submitted up to a week late without an extension granted incurs a penalty
of 10%. Thereafter a mark of 0% is awarded, but all coursework must be submitted to
complete the year.
Assignments to be signed in to the Law School for the German Law Modules
JF LG
SF LG
SS LG
Grundgesetz project
German Civil Law
Two Option Papers (one in MT, one in
HT)
TBC in lectures.
TBC in lectures.
TBC in lectures.
All Assignments must be handed in the Law School Office in House 39 during their
opening hours AND emailed to both heimannn@tcd.ie and eberback@tcd.ie as a Word
document until 11:59pm of that day so that it can be run through anti-plagiarism software.
If you need to request an extension, contact Ms Nazli Heimann prior to the deadline. Work
submitted late without an extension granted incurs a penalty of 10% per day.
Past Examination papers
It is advisable to familiarize yourself with the format of exams and the type of questions
which have been asked in the past. Past examination papers for annual and Scholarship
exams are available online at:
http://www.tcd.ie/Local/Exam_Papers/index.html.
As for annual examinations, if a student has to sit a supplemental examination, it is the
student’s responsibility to check the departmental notice boards, and to inform her/himself
fully of all the examinations which s/he has to take.
16
EXAMINATION AND ASSESSMENT OF MODULES
Medical Certificates (see also the Calendar)
Students who consider that illness may prevent them from attending an
examination (or any part thereof) should consult their medical adviser and
request a medical certificate for an appropriate period. If a certificate is
granted, it must be presented to the student’s tutor within three days of the
beginning of the period of absence from the examination. Medical certificates
must state that the student is unfit to sit examinations. Medical certificates will
not be accepted in explanation for poor performance.
(a) Where a student becomes ill prior to the commencement of the annual
examination, they may seek permission from the Senior Lecturer to
withdraw and take the supplemental examination in that year.
(b) Where illness prevents a student from completing any part of the
annual examination and they withdraw from the examination, permission
may be given for a supplemental examination to be taken in that year.
(c) Where illness occurs during the writing of an examination paper, it
should be reported immediately to the chief invigilator. The student will
then be escorted to the Student Health Centre. Every effort will be made
to assist the student to complete the writing of the examination paper.
Students who consider that other grave cause beyond their control may
prevent them from attending an examination (or any part thereof) should
consult their tutor. Regulations (a) and (b) also apply in the case of absence
from annual examinations due to other grave cause beyond a student’s
control.
Examination Results
Annual examination results are posted on the glass notice board in the Law
School and via my.tcd.ie. Names do not appear on the publication sheets.
Following publication of exam results, Senior Sophister students who would
like a transcript of their four years’ examination results must provide a
stamped addressed envelope to the Law School office by the end of April.
All other students will obtain a breakdown of their results via my.tcd.ie.
Under no circumstances will results be given out by the Law School
over the telephone to students, family or friends.
Finality of module results
Module results are subject to rigorous systems of internal and external
moderation prior to approval by the Court of Examiners. There is no right to
challenge a module result. However, there are two courses of action open to
students who are unhappy with their module results are the consequences of
their module results. First, students can discuss their module performance
with the module-lecturer and, in very limited circumstances set out below, an
assessment can be re-checked or re-marked. Second, students may appeal
on specified grounds to be relieved of the usual consequences that follow on
from a particular result.
17
EXAMINATION AND ASSESSMENT OF MODULES
Regulations for Re-Check/Re-Marking of Examination Scripts
Access to scripts and discussion of performance:
(i) All students have a right to discuss their examination and
assessment performance with the appropriate members of staff.
Students should approach the module lecturer directly. This right is
basic to the educational process.
(ii) Students are entitled to view their scripts when discussing their
examinations and assessment performance.
(iii) Students’ examination performance cannot be discussed with them
until after the publication of the examination results.
(iv) A breakdown of results is provided to students when the
examination results are published.
(v) Examination scripts are retained by schools and departments for
thirteen months from the date of the meeting of the court of
examiners which moderates the marks in question and may not be
available for consultation after this time period.
Re-check/re-mark of examination scripts:
(i) Having received information about their results and having
discussed these and their performance with the Director of
Teaching and Learning (Undergraduate) or the Head of
School/Department and/or the appropriate staff, students may ask
that their results be reconsidered if they have reason to believe:
(a)
that the grade is incorrect because of an error in
calculation of results;
(b)
that the examination paper specific to the student’s
module contained questions on subjects which were not part of the
module prescribed for the examination; or
(c)
that bias was shown by an examiner in marking the
script.
(ii) In the case of (a) above, the request should be made through the
student’s tutor to the Director of Teaching and Learning
(undergraduate) or course Coordinator as appropriate. In the case
of (b) and (c), the application should be made to the Senior
Lecturer.
Appeals against consequences of results
Students can appeal to claim that they should not have to suffer the normal
consequence of a result. There are 3 grounds on which you can take such an
appeal:
(i) Your case/ situation is not adequately covered by College regulations
(ii) The regulations were not properly applied
(iii) Ad misericordiam grounds, such as illness, bereavement, serious
personal crisis, etc.
This appeal is taken to the Court of First Appeal. This Court is generally held
3-5 days after the publication of the Freshman results. Dates for this are
published in Trinity Term. You should discuss your appeal with your Tutor
18
EXAMINATION AND ASSESSMENT OF MODULES
who will present your case to the Court of First Appeal. If your Tutor is
unwilling to act on your behalf you can contact the Senior Tutor in House 27.
School based Courts of First Appeal comprise the Director of Teaching and
Learning (Undergraduate), Pro-Dean (Chair), School Administrator,
Postgraduate Student representative, School representation, including
representation from at least two other schools within the faculty. Appellants
(students) and their tutors are entitled to attend to present their case. If
unsuccessful, your case may be taken to the Academic Appeals Committee.
Aegrotat Degree (see also the Calendar)
In exceptional circumstances students, who are prevented by illness or other
grave cause beyond their control from writing the whole or part of the
moderatorship examination in their final year, may apply to the Senior
Lecturer, through their tutor, for the award of an aegrotat degree. Such
application must be made as soon as the extent of the illness or grave cause
becomes evident and must be accompanied by a full explanation of the illness
or grave cause.
If the Senior Lecturer is satisfied that a case for the award of an aegrotat
degree has been made successfully, s/he will advise the appropriate court of
examiners accordingly and request that they proceed to make arrangements
for the publication and award of an aegrotat degree at either unclassified
honor or ordinary degree level. Its level will be determined by reference to the
previous appropriate academic record of the candidate. The names of
persons to whom an unclassified honor aegrotat award is being made will be
included on the customary moderatorship examination result sheets in a
section at the end of the lists headed ‘aegrotat unclassified honor award’. The
names of persons to whom an ordinary degree award is being made will be
included on the customary ordinary degree examination result sheet in a
section at the end of the list headed ‘aegrotat ordinary degree award’.
As an alternative, a student who has been awarded but not conferred with an
aegrotat degree of unclassified honor or ordinary level may, within one year of
the award and with the permission of the Senior Lecturer, elect to write the
next moderatorship examination in the appropriate discipline with the prospect
of proceeding to the award of a classified honor degree.
Foundation Scholarships (see also the Calendar)
In the Law School, we celebrate academic excellence and achievement. The
Foundation Scholarship examinations provide a testing examination of Senior
Freshman students’ academic ability. Students self-select to take these
exams. Students who are awarded an overall First Class Honours mark are
elected Scholars of the College and receive many benefits, including full or
partial fee-remission, free accommodation, an emolument and free dining on
commons. Students of Law and German are strongly recommended to sit the
scholarship exams.
During Michaelmas Term, a meeting will be held in the Law School to discuss
the Scholarship Examination with prospective candidates. Another meeting
will be held to discuss the Scholarship Examination in German. For further
19
EXAMINATION AND ASSESSMENT OF MODULES
details please contact Dr. Clemens Ruthner (ruthnerc@tcd.ie). Candidates
must apply to sit the exams by the date provided on the following website
(usually November). The application can be downloaded:
http://www.tcd.ie/vpcao/administration/examinations/foundation-scholexam.php. The Scholarship examinations will be held during the week before
the beginning of Hilary Term.
Law and language students sitting schol must take a total of six hours of
written law examinations in modules taught in the Junior and Senior
Freshman year of their course, in addition to three hours of compulsory
written examinations in foreign law and language and a viva voce
examination.
Structure of Exam Papers
Papers I and II (concerning Irish law) are each three hours long. Students
must answer FOUR questions on each of Papers I and II. Students cannot
answer more than two questions from any one part of these papers.
Paper III (language and civilisation) involves both a 90 minute written paper
and an oral examination. Paper IV (German law) is 90 minutes long. Note that
all examinations are closed book. Materials will be provided where indicated.
Paper I
Part A: Tort law
There will be two problem questions and two essay questions.
Part B: Contract law
There will be two problem questions and two essay questions.
Part C: Land law
There will be two problem questions and two essay questions.
Part D: General Question
There will be one essay question.
Paper II
Part A: Constitutional Law 1
The Constitution of Ireland is supplied.
There will be one problem question and three essay questions. One of the
essay questions will involve a critical assessment of one of three cases.
Part B: Criminal Law
There will be two problem questions and two essay questions.
Part C: Irish Legal System
There will be four essay questions.
Part D: General Question
There will be one essay question.
Paper III (German language)
Paper III includes both a written examination, which counts for 75% of this
mark, and an oral examination, which counts for 25% of this mark. The paper
will normally consist of an essay to be written in German on a topic of
contemporary interest. The 15-minute oral can be on any aspect of the
course.
20
EXAMINATION AND ASSESSMENT OF MODULES
Paper IV (German law)
The Grundgesetz and the BGB are supplied.
You might expect questions relating to the first three semesters of German
Law. You might be expected to solve problem type questions and to answer
essay type questions.

The regulations governing schol are to be found in the College Calendar
(http://www.tcd.ie/calendar/) and at http://www.tcd.ie/vpcao/teo/teopdf/TCDR1.pdf.
21
PLAGIARISM
We are all engaged in the development and advancement of legal knowledge.
In this process, it is perfectly legitimate and proper to build on the work of
others. However, it is a fundamental value of academic integrity that we
acknowledge the contribution of others and do not pass off their work as our
own. Any transgression of this value is plagiarism, an offence that will be
treated very seriously under College Regulations.
All students are urged to read very carefully the following extract from the
College Calendar, General Regulations and Information, on plagiarism – the
improper use of the work of others. All written assignments must include a
cover sheet on which the student signs a plagiarism declaration. These
coversheets will be available to download from the Law School local
access website: http://www.tcd.ie/law/local.
Plagiarism is interpreted by the University as the act of presenting the work of
others as one’s own work, without acknowledgement.
Plagiarism is considered as academically fraudulent, and an offence against
University discipline. The University considers plagiarism to be a major
offence, and subject to the disciplinary procedures of the University.
Plagiarism can arise from deliberate actions and also through careless
thinking and/or methodology. The offence lies not in the attitude or intention of
the perpetrator but in the action and its consequences.
Plagiarism can arise from actions such as:
(a) copying another student’s work;
(b) enlisting another person or persons to complete an assignment on the
student’s behalf;
(c) quoting directly, without acknowledgement, from books, articles or other
sources, either in printed, recorded or electronic format;
(d) paraphrasing, without acknowledgement, the writings of other authors.
Examples (c) and (d) in particular can arise through careless thinking and/or
methodology where students:
(i)
fail to distinguish between their own ideas and those of
others;
(ii) fail to take proper notes during preliminary research and therefore
lose track of the sources from which the notes were drawn;
(iii) fail to distinguish between information which needs no
acknowledgement because it is firmly in the public domain, and
information which might be widely known, but which
nevertheless requires some sort of acknowledgement;
(iv) come across a distinctive methodology or idea and fail to record
its source.
All of the above serve only as examples and are not exhaustive.
Students should submit work done in co-operation with other students only
when it is done with the full knowledge and permission of the lecturer
concerned. Without this, work submitted which is the product of collusion with
other students may be considered plagiarism.
22
PLAGIARISM
It is clearly understood that all members of the academic community use and
build upon the work of others. It is commonly accepted also, however, that we
build on the work of others in an open and explicit manner, and with due
acknowledgement. Many cases of plagiarism that arise could be avoided by
following some simple guidelines:
(i)
Any material used in a piece of work, of any form, that is not
the original thought of the author should be fully referenced in the
work and attributed to its source. The material should either be
quoted directly or paraphrased. Either way, an explicit citation of
the work referred to should be provided, in the text, in a footnote,
or both. Not to do so is to commit plagiarism.
(ii)
When taking notes from any source it is very important to
record the precise words or ideas that are being used and their
precise sources.
(iii) While the Internet often offers a wider range of possibilities for
researching particular themes, it also requires particular attention
to be paid to the distinction between one’s own work and the work
of others. Particular care should be taken to keep track of the
source of the electronic information obtained from the Internet or
other electronic sources and ensure that it is explicitly and
correctly acknowledged.
It is the responsibility of the author of any work to ensure that s/he does not
commit plagiarism.
Students should ensure the integrity of their work by seeking advice from their
lecturers, tutors or supervisor on avoiding plagiarism.
If plagiarism as referred to above is suspected, the Head of School will
arrange an informal meeting with the student, the student’s tutor, and the
lecturer concerned, to put their suspicions to the student and give the student
an opportunity to respond.
If the Head of School forms the view that plagiarism has taken place, s/he
must notify the Senior Lecturer in writing of the facts of the case and
suggested remedies, who will then advise the Junior Dean. The Junior Dean
will interview the student if the facts of the case are in dispute. Whether or not
the facts of the case or in dispute, the Junior Dean may implement the
procedures set out in CONDUCT AND COLLEGE REGULATIONS (see
College Calendar)
23
TRANSFERS TO AND FROM COURSES WITHIN COLLEGE
The College allows students to transfer from one course into another at
certain times during the Junior Freshman year. This is subject to (a) the
student having the required CAO points, (b) there being space in the new
course, and (c) the consent of the Director of the new Course. After first year,
students can apply to transfer into the junior freshman year of another course.
This is again subject to having the CAO points. At the end of the first year,
students on any of the law degrees can apply to transfer into the senior
freshman year of single honors Law, Law and French, Law and German and
Law and Political Science. This is subject to the approval of the Director of
Undergraduate Teaching and Learning and Course Coordinator from the
associated discipline (where relevant). In such cases students will follow a
modified course.
In all circumstances, a student can only change course with the approval of
their tutor. If you think you might want to change course, you should contact
your tutor immediately as the deadlines are very important. Your tutor will
discuss your options with you and advise you on the details of the rules.
For further information on transfers to other courses and deadlines, please
see the College Calendar.
24
LAW AND GERMAN COURSE STRUCTURE
Students study 70 ECTS in the Junior Freshman (JF) year, 65 ECTS in the
Senior Freshman (SF) year, 45 ECTS while on Erasmus exchange in the
Junior Sophister (JS) year and 60 ECTS in the Senior Sophister (SS) year.
Unless otherwise indicated, all modules carry 10 ECTS and are taught over
one semester. In JF and SF, all modules are compulsory. In SS, some
modules relating to the German law and language are compulsory; all other
modules in SS are optional. Students must select their own choice of modules
that add up to 60 ECTS for the final year.
The Freshman years (First and Second Year)
The essential knowledge and skills which students need to develop in the first
two years include: the foundations of legal knowledge within both the civil law
and common law systems; a high level of linguistic fluency, including aural
and reading comprehension and oral and written fluency and accuracy of
expression; an understanding of the cultural context which informs German
law and competence in the techniques necessary for the academic study of
law in Germany.
In the Freshman years of the Trinity Law and German course, students study
a range of core Irish legal modules together with their classmates in law.
These modules are: The Irish Legal System, Constitutional law, Criminal law,
Contract, Tort, Land law, Private Law Remedies, and Equity. There are also
ancillary modules in legal skills and mooting. The difference between the Irish
law modules taken by law and law and language students in the first two
years is that straight law students also cover Legislation and Regulation, EU
law, Administrative law and Constitutional law II at this stage, whereas law
and language students may take these courses later in their degree (EU law
may be studied in Germany, and the others in the Senior Sophister year).
The German law modules taught in the first two years of a Law and German
degree are constitutional law (Grundgesetz) and civil law (BGB). There are
also legal-oriented elements within the German Area Studies and Cultural
History component of the course, which are taught in the Department of
Germanic Studies. In second year, there is also a legal-oriented module within
the German language component of the course (Fachsprache der
Rechtswissenschaft) offered by the Department of Germanic Studies.
The Sophister Years (Third and Fourth Year)
The Junior Sophister Year in Germany
The third, or Junior Sophister, year of a Law and German degree is spent
studying legal or related modules through German in one of a number of
prestigious German universities. The universities with which we currently have
exchange agreements are: Humboldt-Universität zu Berlin, Universität
Hamburg, Marburg, Jena, Mainz, Erlangen, Würzburg, München, Freiburg,
Tübingen. This year spent studying in Germany counts towards the Law and
German degree from Trinity, unlike some other degree programmes. The
results obtained by each student in Germany will count for 35% of his or her
final degree mark.
25
LAW AND GERMAN COURSE STRUCTURE
The Final Year
In the Senior Sophister year, students’ total workload is 60 ECTS credits.
Generally, students select legal modules amounting to 40 ECTS credits,
which count for 40% of their degree. It is compulsory to study EU law, unless
the student has already passed it in Germany. Other modules may be chosen
from the full range of Sophister courses offered by the Law School. In
addition, alternative possibilities available include:
a) Senior Sophister German option;
b) Writing a dissertation in German on a legal topic; or,
c) Broad curriculum courses offered by other departments.
However, students should note that, should they wish to become a solicitor or
a barrister after they graduate, they will have to ensure that their module
choices fulfill the requirements of the relevant professional training body.
Thus, in practice, many students choose their law modules with a view to
meeting the requirements or preparing for the entrance examinations set by
one or more external professional organizations.
COURSE STRUCTURE IN DETAIL

Junior Freshmen
Semester 1
Semester 2
The Irish legal system (10 credits)
Law of contract (10 credits)
Constitional law I (10 credits)
Criminal law (10 credits)
German Constitutional Law (all year) (10 credits)
GermanText and Area Studies (GR1014) (10 credits) (all year)
German language (GR1000) (10 credits) (all year)2
Junior Freshman assessment
There are assignments and tests throughout the year. Written examinations
will be held during the exam period in April and May 2013.
As JF Law and German students undertake 70 ECTS credits of work, their
overall grade will be calculated as follows: (i)-(iv) each law module, (v)
German law, (vi) German language and (vii) German Text and Area Studies
will each be worth one seventh respectively (10/70 ECTS credits) of a
student’s overall grade. A student’s annual grade will therefore be the
straightforward average of each of these seven distinct components.
The breakdown of marks between continuous assessment exercises and
written examinations is set out below. However, this breakdown is indicative,
2
Pass requirement.
26
LAW AND GERMAN COURSE STRUCTURE
and may be modified as appropriate with the consent of the class during the
year.
Module assessment
Each of the Junior Freshman law and German law modules (including
German Constitutional Law) counts for 100 marks out of the total of 700
awarded for the year. The Irish law modules are examined by means of
written exams and such coursework as may be decided by the lecturer. For
information on the assessment of the individual modules please refer to the
book of modules, part II.
Pass/Fail: Candidates must pass overall and must pass German language in
order to rise with their year. To pass German language, they must pass the
written exam and achieve a mark of 40% or above in language overall.
Candidates who fail to do so must sit supplementals in all three German
language components in September. An F I in the oral, the aural or the inclass test is compensatable at the discretion of the Court of Examiners. An F2
is not normally compensatable.

Senior Freshmen
Semester 1
Semester 2
Law of Tort (10 credits)
Equity (10 credits)
Land Law (10 credits)
Private Law Remedies (10 credits)
German Civil Law (all year) (10 credits)
German Cultural History (5 credits) (all year)
German language ((GR2000) (10 credits) (all year)3
Senior Freshman assessment
There are continuous assessment assignments and tests throughout the year.
Written examinations will be held during the exam period in April and May
2013.
Module assessment
Each of the Senior Freshman law and German law modules (including
German Civil Law) counts for 100 marks out of the total of 650 awarded for
the year. The Irish law modules are examined by means of written exams and
such coursework as may be decided by the lecturer. For information on the
assessment of the individual modules please refer to the book of modules,
part II.
Pass/Fail and compensation
To rise with their year students must receive a mark of at least 40%
overall and a pass in the Language Fluency paper. Failure at F1 level is
compensatable within and across modules, at the discretion of the
examiners. An F2 is not normally compensatable.
3
Pass requirement.
27
LAW AND GERMAN COURSE STRUCTURE
Modules are weighted according to their credit value.

Junior Sophister
Academic year abroad at a German university
2 semesters, usually September to August, in Germany
(See Compulsory Year Abroad section in this Handbook)

Senior Sophister
Students must study the following compulsory modules:



German language – Rhetorik:
Translation:
German and German European Law:
10 ECTS
5 ECTS
5 ECTS
Students must choose 40 ECTS from the following modules:
 Law modules not already studied, subject to meeting any prior study
requirements. Please refer to the Book of Law Modules (Part II) for
details. The Dissertation may be written on a German law topic.
 A Senior Sophister German module (10 ECTS). 4
LAW MODULES
Semester 1
Semester 2
Advanced EU Law
Clinical Legal Education
(SS ONLY)
Commercial Law
Criminology
Current Issues in
Constitutional Law (5)
Employment Law
Evidence
Family Law
Jurisprudence
Public Interest Law
Public International Law
Research Dissertation
Sports Law
Advanced Evidence (5)
Child Law (5 ECTS)
Collective Labour Law
Company Law
Conflicts
Critical Perspectives on Law
(5)
Current issues in the Legal
Profession (5)
English Land Law
EU Law
European Human Rights
Intellectual Property Law
International Human Rights
Legal Philosophy (5)
Medical Law and Ethics
Penology (5)
Tax Law
Freshman modules
available (to students who
have not previously
studied them)
Freshman modules available
(to students who have not
previously studied them)
4
Senior Sophister German topics are displayed in detail at the German Department notice
board.
28
LAW AND GERMAN COURSE STRUCTURE
Administrative Law Constitutional Law II
Equity
EU
Compulsory Modules
LA4002 German and EU Law (Compulsory)
GR4001 German Language (Compulsory)
GR4010 German Translation (Compulsory)
5 ECTS (all year)
10 ECTS (all year)5
5 ECTS (all year)
For descriptions of the above Law modules and their learning outcomes
please consult Part II of this Handbook – The Book of Modules.
Broad Curriculum
JS and SS students may opt to take a Broad Curriculum module. For further
details see the college Broad Curriculum website
(http://www.tcd.ie/BroadCurriculum).
Sophister Module Choices
There will be a meeting in Hilary Term to discuss the modules available for
the following academic year. Students must make their choices on the
appropriate forms (available at the meeting) and submit to the Law School
office by the deadline set out on the forms. Choices must be made for both
semesters. The annual rollover of the timetable will take place in early April
and the following year's timetable will be set based on the options submitted.
Attention regarding Sophister options!
If a law and language student wishes to retain the option of taking one of the
professional courses (for the possibility of becoming a barrister or solicitor in
the Republic of Ireland), he or she is advised to take EU law and
Jurisprudence during the year abroad and Administrative law, Company and
Evidence as a Senior Sophister in Trinity.
Please note requirements for the professional bodies are subject to
change, and since meeting them is essential for your career, you must keep
up to date with any changes. Visit www.lawsociety.ie and www.kingsinns.ie to
verify current requirements.
Sophister Module Choices
There will be a meeting in Hilary Term to discuss the module choices
available for the following academic year. Students must make their choices
on the appropriate forms (available at the meeting) and submit to the Law
School office by the deadline set out on the forms. Choices must be made for
both semesters. The annual rollover of the timetable will take place in early
April and the following year's timetable will be set based on the options
submitted.
5
Pass requirement.
29
LAW AND GERMAN COURSE STRUCTURE
Changing Sophister Modules
Students may change their module choices no later than the end of the
second week of the Michaelmas term for first semester modules. Students
may also change their second semester modules, but this must be done
before the end of the first week of Hilary Term. Modules can be viewed online
via the my.tcd.ie.
*Senior Sophister German Topics
If a student is interested in taking a Senior Sophister German module, he or
she should be aware that some such modules may build on work which TSM
students would have done in previous years of their degree, or may otherwise
prove particularly difficult for a Law and German student. Therefore, any such
student must make his or her intentions known as early as possible, in order
to discuss the advisability of this proposal with both the Law School and the
German Department. Particular weight will be given to the opinion of the
German lecturer who teaches the course in question as to its suitability for a
Law and German student.
Senior Sophister Assessment
The Senior Sophister Assessment counts for 65% of the student’s final
degree total. This overall degree total is calculated as follows:




Junior Sophister total:
German language – Rhetorik:
Translation:
German and German European Law:
35%
10%
5%
10%
AND

Any other 10 ECTS module
10%

Any other 5 ECTS module
5%
Pass/Fail: An F1 in one of the module components of GR4001 and GR4010
may be compensated at the discretion of the examiners as long as the overall
numerical mark is above 40 and as long as the candidate passed the written
language paper. An F2 is not normally compensatable.
Other components: Fail grades in non-language components are
compensatable only at the discretion of the examiners.
Note: Exams are set with the approval of the external examiner. All
assessment and examination work is double-marked, in some cases by two
internal examiners, in other cases by an internal and the external examiner. In
order to allow external examiners to survey any candidate’s entire
30
LAW AND GERMAN COURSE STRUCTURE
performance, all assessed work is retained in the Department and not
returned to students after marking.
Module Evaluation by Students
The Law School is committed to excellence in teaching and learning. One
facet of this is taking on board student feedback in order to improve our
modules. Students are requested to provide an evaluation of each module
they have taken during the year. These evaluations may be conducted online
(using Survey Monkey) or by paper based evaluation forms. Both evaluation
formats are anonymous and participation is strongly encouraged. You have
benefited from evaluations carried out by students in previous years and
should continue with this to help us improve modules for future students. Your
evaluation and comments will be reviewed both by the module-lecturers and
the Director of Teaching and Learning (Undergraduate).
31
COMPULSORY YEAR ABROAD
Students will spend their Junior Sophister year studying legal or related modules in a
German university. Participation in the ERASMUS Scheme is an ideal way of broadening
horizons, improving language skills, learning about the culture and legal system of another
country and improving career opportunities. The vast majority of Trinity students who have
participated in the scheme since its inception have attested as to its value and how
delighted they were at the opportunities it afforded them. Studying in Germany is a vital
component of the Law and German course, and the natural progression from the
Freshman courses offered in Trinity.
The essential premise of the ERASMUS programme is that a student travels abroad for
the entire academic year in the Junior Sophister year. College regulations do not permit
ERASMUS participation in any other year. The student continues to pay Trinity fees, in so
far as these are required, but pays no fees to the host university. Participation is usually
assisted by a small grant from the EU Commission, but this grant, which may be of
approximately one thousand euro, is not guaranteed.
35 per cent of Law and German students’ final degree marks will be awarded on the basis
of grades obtained during this year. There is a possibility that this proportion will be
amended in future years.
The application procedure
As early as possible during the Senior Freshman year, each member of the Law and
German class in consultation with Katrin Eberbach should consider where he or she
wishes to go. It is not advisable to rely on where others are going, as they may change
their minds or may not end up going there. If there is competition for places, a fair method
will be devised to allocate the places among the students who desire them.
Students are required to fill out the ERASMUS application forms for the Law School and
TCD's central International Office early in Hilary Term. A booklet detailing the conditions
and requirements for the year abroad is appended to the Law School application form. All
students are required to sign a copy of that booklet to indicate that they have read and
understood the conditions and regulations.
Law and German students have preference over Law students for places in German
universities, as the year abroad is compulsory for them.
Trinity notifies its partner universities of the students it is sending around Easter, or
perhaps slightly later. The universities are then requested to contact the individual
students directly to inform them of any procedures which they must fulfil. Each university
has different formalities (some have none) and you cannot rely on the Law School to be
aware of the particular requirements of your university. It is best to check the international
students section of the university’s website long in advance to see what procedures might
be outlined there. If you do not hear from the university reasonably soon after we notify
them, please contact the Erasmus Coordinator.
Destination universities
The Junior Sophister year is spent abroad at one of the following universities:


Humboldt-Universität zu Berlin
Julius-Maximilians-Universität Würzburg
32
COMPULSORY YEAR ABROAD








Johannes Gutenberg-Universität Mainz
Universität Hamburg
Ludwig-Maximilians- Universität München
Friedrich-Alexander Universität Erlangen-Nürnberg
Friedrich-Schiller- Universität Jena
Philipps-Universität Marburg
Albert-Ludwigs-Universität Freiburg
Eberhard Karls-Universität Tübingen
Course requirements for Junior Sophister Law and German students
Law and German students studying in Germany will be required to take modules through
German worth a minimum of 45 ECTS credits.
Compulsory law module
Students must do either BGB, Strafrecht or Öffentliches Recht and pass a Hausarbeit
(essay).
Language
A written German language or translation course (each semester) is required for all
students. Students must also attend a spoken course or phonetics course. The language
courses do not count towards the required number of ECTS credits which must be
completed.
Optional modules
Students must take further legal or related courses to make up the minimum of 45 ECTS
credits. They must pass a second Hausarbeit (essay) which may also be a Seminararbeit.
In oder to establish that the Hausarbeit proposed is suitable, they must obtain prior written
approval by the Coordinator for Law and German, Ms Nazli Heimann, heimannn@tcd.ie.
German university courses generally last a semester rather than the full year, and so it will
be possible to cover an interesting variety of modules. In addition, our partner universities
generally offer a wider range of modules in law and related areas, than might be available
in Ireland. All module choices must be submitted to and approved by the Coordinator for
Law and German. Modules may not be approved if it is felt that they are not sufficiently
related to the student’s degree.
A wide range of factors may influence your decision as to which optional law modules you
study. You may choose modules because they interest you, because you consider you
can do well at them, or because they would be useful for your career plans. You may
focus on domestic German modules or prefer those with an international dimension. You
may take into account the lecturers and assessment methods. Do not be put off choosing
undergraduate modules of all levels; there can be advantages to taking final year classes.
If possible, you should attend the early lectures in a variety of modules in order to help you
make up your mind.
Students are recommended to take modules abroad which will facilitate their entry to the
King’s Inns, should they choose to follow this path. These subjects include EU Institutional
law, EU law and Philosophy of law (or other subjects that may be deemed equivalent to
EU law or Jurisprudence). An arrangement is currently in place whereby, if Trinity deems
the modules taken abroad to be satisfactory equivalents for the required subjects, it can
certify this to the King’s Inns. If you have questions if a course is deemed as being
equivalent, please contact the Director for Undergraduate Teaching and Learning in the
Law School.
33
COMPULSORY YEAR ABROAD
Students are permitted to take additional subjects beyond the minimum requirements, and
recommended to consider doing so, particularly where this will enable them to obtain a
certificate or diploma awarded by their host university. Where a student takes extra
optional modules, his or her best results will be used to calculate his mark for the year.
Results from the year abroad
Each host university should send students’ results directly to Trinity before the 15 th of
September. Exchange students may wish to collect a personal copy, if possible, before
leaving. This can expedite matters if there is any breakdown in communications.
Provided that a student has taken the required course load, the marks obtained in each
subject will be converted by the Court of Examiners to equivalent Trinity grades according
to the conversion table in force at the time.
Conversion tables used in previous years are published on Blackboard as an indicative
guide to reassure students. Please note that the Court of Examiners retains its discretion
to amend the conversion scales it uses at any time, so it is not certain that the published
historical tables will continue to be used in future. The Court of Examiners’ guiding
concern in dealing with the grades attained in foreign universities is to treat all students
fairly.
The results attained by each Law and German student in his or her Junior Sophister year
in Germany will count for 35% of his or her overall degree grade. Many students are
understandably anxious about how the grades they earn abroad will affect their final
degree mark. Students should be reassured that the vast majority of students are satisfied
with the results they receive for their year in Germany. Trinity’s law and language students
are highly intelligent, hardworking and well-prepared for their year abroad. While there is
naturally a challenge involved in studying in a German university, it is one that all Law and
German students are well able to undertake. Students should not therefore allow
themselves to become unduly anxious about their results.
Finally, Junior Sophisters should note that the Court of Examiners does not meet to
approve the results obtained by all the Law School’s students abroad until the end of
September. Thus, Junior Sophister Law and German results will usually be published on
the Law School noticeboard in early October. In the meantime, students will generally
have obtained their raw results directly from their host universities. Any students who are
waiting for converted marks from a year abroad should pay close attention to the deadline
for the filing of academic appeals, as this falls very shortly after the publication of these
results.
Passing the year abroad
For a student to pass the Junior Sophister year abroad and rise with the year:
(i) his or her converted grades must average above 40%
and
(ii) he or she must pass the Hausarbeit (essay) in a compulsory subject as well as a
second Hausarbeit which may also be a Seminararbeit, and
(iii) have courses worth 45 ECTS. Students also must provide proof of German written and
spoken language courses.
34
COMPULSORY YEAR ABROAD
Resits of examinations
If a student fails a subject at the first sitting, he or she may avail of the host university’s
internal provisions for repeats. If appropriate, it may alternatively be possible in
exceptional circumstances to resit an exam in Trinity.
If a Law and German student fails a compulsory subject, he or she must repeat and pass it
in order to be able to pass the year. If he or she fails an optional subject, but has already
passed sufficient subjects to pass the year, he or she is not required to repeat the exam in
that subject but should note that repeating it might raise his or her grades and would
therefore usually be advisable.
However, students should note that, as Trinity’s academic year begins earlier, it may lead
to practical difficulties if they sit a repeat examination and their results are not available
when Trinity’s Court of Examiners meets in September.
Repeating the year in the event of failure
If a Law and German student does not pass the year abroad at the first attempt, he or she
must repeat the year in Trinity. This would require taking a modified Junior Sophister year
incorporating a course in German as prescribed by the Department of Germanic Studies
and three law modules from among European Union law, Constitutional Law II and the
optional modules available in the Sophister years of the LL.B. degree course, excluding
advanced European Union law. On completing this modified year, the student would rise
to Senior Sophister Law and German in the normal way.
Contact with Trinity while abroad
The Erasmus Coordinator or International Students’ Office in your host university should
be able to help you with any difficulties which might arise in the course of your year there.
However, it is also vitally important to remain in contact with Trinity Law School and alert
the Erasmus Coordinator to any significant issues. If you have any questions concerning
the subject choice contact the Law and German Coordinator Ms Nazli Heimann.
Contact Details of the Law School Visiting/Exchange Students Office
If you have any queries regarding the Erasmus/exchange programme, you can contact the
Erasmus Coordinator Aislinn Lucheroni and the Erasmus Administrator Celine Walsh in
the Visiting/Exchange Students Office located in Room 01C, House 39, or at
law.exchange@tcd.ie.The Law and German Coordinator also provides valuable
information and guidance for the students’ year abroad in Germany.
Further information
Further information on the Law School exchange programme is posted on the Law School
notice board, Blackboard, and the Law School's Study Abroad webpage at
http://www.tcd.ie/Law/undergraduate/study-abroad.php
Trinity’s International Office webpage http://www.tcd.ie/international/ is also useful for
general information on studying abroad.
35
LANGUAGE LEARNING STRATEGIES
Language Learning Strategies6
The "Good Language Learner"
According to research by Rubin (1975), the Good Language Learner:







is a willing and accurate guesser
has a strong drive to communicate
is often not inhibited
is prepared to attend to form
practises
monitors his own speech and the speech of others, and
attends to meaning.
Another researcher (Naiman et al. 1978) 7 identified five major strategies for language
learning:





active task approach (Good Language Learners actively involve themselves in
the language learning task)
realisation of language as a system (Good Language Learners develop or
exploit an awareness of language as a system)
realisation of language as a means of communication and interaction
management of affective demands (Good Language Learners realise initially or
with time that they must cope with the affective demands made upon them by
language learning and succeed in doing so)
monitoring of performance in the target language.

The most frequently used techniques (Naiman et al., 1978) by Good Language Learners
were:
 having contact with native speakers
 listening to radio, T.V., records, movies, commercials etc.
 reading anything: magazines, newspapers, professional articles, comics, etc.
 repeating aloud after teacher and / or native speaker
 making up bilingual vocabulary charts and memorising them
 following the rules as given in grammar books or text books
 having pen-pals.
Study Skills
Language students should ensure that they are skilled at:








managing time effectively
making good notes
planning out studies
collecting together necessary resources
choosing a suitable place to study
using IT skills
trying a few memory exercises
developing confidence-building techniques.

6
Source: http://www.lingualearn.co.uk/learners/advice.htm
7
Naiman N. et al., 1978, The good language learner: a report, Ontario Institute for Studies in Education, 1978
36
LANGUAGE LEARNING STRATEGIES
Developing Study Skills
To keep on top of your work you need to develop good study skills. As part of your
undergraduate study, we will be helping you to develop important soft or transferable
skills such as planning, time management and multi-tasking so that you can manage your
learning more effectively. These skills are life-skills and are as critical for study as they are
for the world of work. When you are planning your study time, try to remember that for
every hour of class, you should be doing at least two to three hours of private study (see
ECTS and also the study skills document at https://www.tcd.ie/Germanic_Studies/
language-resources/).
The JF-Language Course has integrated study–skills and transferable skills into the JF
curriculum in order to ease transition into studying & learning at university level.
There is advice on study skills at the Student Learning Development site at http://studentlearning.tcd.ie/undergraduate/topics/study-skills/
Books and materials
It is essential to study your German Law (and language) as you would your Irish Law
subjects. This will help you not only to succeed in your upcoming exams, but also to make
the most of your year abroad.
German books
Besides the books which are required for specific courses, students will need to acquire
appropriate reference works to support their language learning.
The recommended books are generally available from International Books of Sth.
Frederick Street, Dublin 2.
Essential books are:





Langenscheidts Großwörterbuch Deutsch als Fremdsprache (a German-only
dictionary designed for learners) and/or
The Collins German Dictionary, a bilingual German-English and English-Geman
dictionary.
The required grammar for first year you will need is Essential German Grammar
by Martin Durrell et al, London: Arnold 2002, which students are required to buy
and should bring to language classes.
In later years, Hammer's German Grammar and Usage, rev. ed. by Martin Durrell,
publ. Arnold will be needed.
A specialist legal dictionary should be bought (Köbler, Rechtsenglisch,
Rechtswörterbuch für Jedermann, Verlag Vahlen, 8. Auflage, 2011).
You are advised to work independently on your grammar throughout the year and in
particular to concentrate on any weaknesses which are pointed out to you in corrected
written work. If you have any questions, any of your lecturers would be happy to answer
them for you.
37
LOCATION AND ACCESS TO THE LAW SCHOOL
Opening Hours for access to the Building
Monday – Friday
8:30 – 9:00 am
a valid student card.
Access at this time is restricted and only accessible with
9:00 – 5:15 pm
5:15 – 7:15 pm
Door is open.
By valid student card only.
Saturday – Sunday
House 39 is closed.
Bank/Public Holidays
House 39 is closed.
House 39: Access and Egress
Monday – Friday
8:30 – 9:00 and 5:15 to 7:15 pm
Place valid student card against the control panel to the right of the front door.
Monday – Friday
9:00 am - 5:15 pm
Press the large button with the wheelchair icon, marked "Press to Open" which is
mounted on the ramp. Alternatively pull the door open.
Exiting House 39
To exit the building press the exit/wheelchair button beside the brown noticeboard in
the hall of House 39.
38
STAFF MEMBERS OF THE SCHOOL OF LAW
Unless otherwise indicated all staff members and the main offices for the School are in
House 39.
Law School Office Opening Hours
Course Office:
Room 01B, House 39
11-1 pm and 2-4 pm
(Monday to Friday)
Visiting Students/Exchange/International Office:
Room 01C, House 39
Officers of the School:
11-1 pm and 2-4 pm8
(Monday to Thursday)
Head of School:
Professor Hilary Biehler
Registrar:
Dr. Rachael Walsh
Director of Teaching and Learning
(Undergraduate):
Professor Oran Doyle
Director of Teaching and Learning (Postgraduate):
Mr. Alex Schuster
Director of Research:
Professor Blanaid Clarke
Director of the LL.M. Programmes:
Professor Neville Cox
Law and French Coordinator:
Dr. Niamh Connolly
Law and German Coordinator:
Ms Nazli Heimann
Coordinator of Erasmus/Exchange Programme:
Ms Aislinn Lucheroni
Law and Business Coordinator
(for the Law Component):
Dr. Catherine Donnelly
Law and Political Science Coordinator
(for the Law Component):
Professor Ivana Bacik
Disability Liaison Officer:
Dr. David Fennelly
School Administrator:
Catherine Finnegan
8
Revised hours will be in place until mid-October. Please check the local noticeboard and emails for
details.
39
STAFF MEMBERS OF THE SCHOOL OF LAW
ACADEMIC STAFF LECTURING ON THE UNDERGRADUATE
PROGRAMMES
Dr Deirdre Ahern LL.B. Ph.D., F.T.C.D. (2012)
Modules:
Commercial Law, Company Law, Principles of
Delaware Law*
Professor Ivana Bacik LL.B. LL.M. (Lond.), F.T.C.D.,
Barrister-at-Law
Reid Professor of Criminal Law, Criminology and Penology,
Coordinator (Law), Law and Political Science Degree
Modules:
Room 18
T: 896 2299
E: icbacik@tcd.ie
Criminal Law, Criminology, Penology
Professor Hilary Biehler B.A. Mod.), M.Litt., Ph.D., LL.D.
F.T.C.D. (1998), Barrister-at-Law
Head of School of Law
Modules:
Room 21B
T: 896 3018
E: dahern@tcd.ie
Room 14
T: 896 1276
E: hilary.biehler@tcd.ie
Equity, Administrative Law
Dr. Alan DP Brady** LL.B., LL.M. (Lond.), Attorney-at-Law Room 18
(New York), Ph.D.(Lond.), Barrister-at-Law
T: 896 1125*
E: bradya8@tcd.ie
Modules:
Critical Perspectives on Law, Judicial Review
and Human Rights: Theory and Practice*
Ms. Patricia Brazil LL.B. M.Litt., Barrister-at-Law
Averil Deverell Lecturer in Law
Modules:
Family
Immigration Law
Law,
Child
Law,
Room 29
T: 896 3059
E: pbrazil@tcd.ie
Refugee
and
Professor Rosemary Byrne, B.A. (Columbia), J.D.
(Harvard)
Room 3158 (Arts Bldg)
T: 896 1201
E: rbyrne@tcd.ie
Modules:
International Human Rights, Public International
Law, International Criminal Law*
Professor Blanaid Clarke, BCL, MBS (Banking & Finance),
PhD.
McCann FitzGerald Chair of Corporate Law
Modules:
Contract,
Company
Law,
Governance*
Dr. Niamh Connolly LL.B. (ling. franc.), Ph.D.
Law and French Coordinator
Modules:
Room 19
T: 896 1632
E: blanaid.clarke@tcd.ie
Corporate
Room 22
T: 896 3670
E: niamh.connolly@tcd.ie
French Constitutional Law, French Civil Law,
40
STAFF MEMBERS OF THE SCHOOL OF LAW
Advanced Comparative Law: European Legal Systems*
Mr. Paul Coughlan B.C.L. (N.U.I.) LL.M. (N.U.I.) F.T.C.D.
(2000), Barrister-at-Law.
Room 5015 (Arts Bldg)
T: 896 2041
E:
Modules:
Land Law, Intellectual Property, Intellectual pcoughlanbl@eircom.net
Property: Litigation and Enforcement*
Professor Neville Cox LL.B., Ph.D. F.T.C.D., Barrister-atLaw
Director of the LL.M. Programmes
Room 28
T: 896 1350
E: ncox@tcd.ie
Modules:
Irish Legal Systems, Employment Law, Sports
Law, Comparative Civil Rights*, Islamic Law*, Intellectual
Property Law and Sport
Dr. Catherine Donnelly LL.B., B.C.L. (Oxon); LL.M. (Harv);
D.Phil. (Oxon); Barrister-at-Law, Attorney-at-Law (New York),
F.T.C.D. (2011)
Coordinator (Law), Law and Business Degree
Room 02D
T: 896 8550
E:
catherine.donnelly@tcd.ie
Modules:
Administrative Law, European Human Rights,
Public Law of the European Union*
Dr. Oran Doyle LL.B, LL.M (Harv), Ph.D., F.T.C.D. (2010),
Barrister-at-Law
Room 23
T: 896 3872
E: ojdoyle@tcd.ie
Modules: Constitutional Law I, Jurisprudence, Legal
Philosophy, Comparative Constitutional Law and Theory*
Dr. David Fennelly LL.B. (ling. franc.), Ph.D.,
Barrister-at-Law
Modules: Clinical Legal Education, Current Issues in the
Legal Profession, EU External Relations Law
Nazli Heimann
Modules: Introduction to the German Legal System, German
Civil Law, German and EU Law,
Professor Liz Heffernan LL.B., LL.M. (Dalhousie), LL.M. &
J.S.D. (Chicago), F.T.C.D. (2008), Barrister-at-Law,
Attorney-at-Law
Room 14A (College
Green)
T: 896 1109
E: david.fennelly@tcd.ie
Room 21A
T: 896 4521
E: heimannn@tcd.ie
Room 13
T: 896 1625
E: liz.heffernan@tcd.ie
Modules: Evidence, Advanced Evidence, Conflict of Laws,
International Criminal Evidence*
41
STAFF MEMBERS OF THE SCHOOL OF LAW
Mr. David Kenny LL.B., LL.M. (Harv.)
Modules: Current Issues in Constitutional Law, Conflict of
Laws
Dr. Caoimhin MacMaolain B.C.L. (N.U.I.) LL.M. (N.U.I.)
Ph.D. (D.C.U.)
On sabbatical MT 2013.
Room 25
T: 896 8539
E: david.kenny@tcd.ie
Room 16
T: 896 2587
E: macmaolc@tcd.ie
Modules: EU Law, International Trade Law, Food Law
Professor Eoin O'Dell B.C.L (NUI), B.C.L (Oxon), LL.M.
(a.e.g. (Dubl)), M.A. (j.o. (Dubl)), Ph.D. (Cantab), F.TC.D.
(2003), Barrister-at-Law
Room 2.11
T: 896 1178
E: odelle@tcd.ie
Modules: Contract Law, Private Law Remedies, Copyright
and Innovation, Online*, Freedom of Expression and
Intellectual Property Law, Online*
Mr. Niall O’Hanlon** B.A. (Hons.) (Accounting & Finance),
LL.M.(Commercial Law), Barrister-at-Law, F.C.A., A.I.T.I.,
Modules: Tax Law, International and European Tax Law*
Dr. Ailbhe O’Neill LL.B., LL.M. (Cantab), Ph.D., Barrister-atLaw
On Leave 2013-14
Room 21A
T: 896 4521
E: ailbhe.oneill@tcd.ie
Modules: Media Law, Company Law, Corporate Governance
Dr. Diarmuid Rossa Phelan B.C.L. (N.U.I.) LL.M.
(Berkeley) Ph.D. (E.U.I.), Senior Counsel, Attorney (New
York), M.A.
Room 27
T: 896 2298
E: drphelan@tcd.ie
Modules: Advanced EU Law, Advanced Lawyering
Techniques*, EU Competition Law*
Mr. David Prendergast LL.B., LL.M., Barrister-at-Law
Seminar Programme Coordinator
Modules: Legal Philosophy, Criminal Law (Broad Curriculum
module), Theoretical and Comparative Criminal Law*
Dr. Desmond Ryan LL.B., B.C.L., M.A. (Oxon.), Ph.D.,
Barrister-at-Law
Room 27
T: 896 2298
E:
david.prendergast@tcd.ie
Room 24
T: 896 8572
E: desmond.ryan@tcd.ie
Modules: Law of Torts, Employment Law, Contemporary
Issues in Law and Political Science, Employment Litigation*
42
STAFF MEMBERS OF THE SCHOOL OF LAW
Professor Yvonne Scannell M.A. LL.M. (Cantab), Ph.D.,
LL.D. (h.c.), Barrister-at-Law
Modules: Legislation and Regulation, Environmental Law
Mr. Alex Schuster B.A. LL.B. M. Litt., Barrister-at-Law.
Modules: Advanced European Union Law*, EU Consumer
Law*, Product Liability in Comparative Perspective*
Dr. Rachael Walsh LL.B., LL.M. (Harv), Ph.D.
Registrar
Room 17
T: 896 1773
E: yvonne.scannell@tcd.ie
Room 12
T: 896 1110
E: alex.schuster@tcd.ie
Room 29
T: 896 8544
E: rachael.walsh@tcd.ie
Modules: English Land Law
Professor Gerard F Whyte BCL (NUI) LLM (NUI) MA FTCD
(1990) LL.D. (NUI), Barrister-at-Law
Room 02C
T: 896 1939
E: gwhyte@tcd.ie
Modules: Constitutional Law II, Public Interest, Collective
Labour Law
* LL.M. Module
** Adjunct Lecturer
Arthur Cox Teaching Fellows
Gerard Downey, BCL, BA (Music) (NUIM), Ph.D. Candidate
Modules: Constitutional Law II
Lynsey Black, LL.B., M.A., Ph.D. Candidate
Modules: Irish Legal System and Legal Skills
Donna Lyons LL.B., LL.M. (NYU), Attorney (NY)
Modules: Legislation and Regulation
Brian O’Beirne, LL.B. (Dubl.), BCL (Oxford), Ph.D. Candidate
Modules: Constitutional Law I, Private Law Remedies
Eoin O’Connor, Ph.D. Candidate
Modules: Irish Legal System and Legal Skills
Gemma O’Farrell LL.B. (Dubl.), Barrister-at-Law, Ph.D. Candidate
Modules: Private Law Remedies, Land Law
43
STAFF MEMBERS OF THE SCHOOL OF LAW
ADMINISTRATIVE STAFF
School Office (01B, Ground Floor, House 39):
Opening Hours:
Monday – Friday : 11 – 1, 2 – 4 pm
General Enquiries: (01) 896 1125 / 1278; Email: law.school@tcd.ie
Undergraduate Studies
Student Records/Reading Lists/Transcripts/Seminars/Module Choices
Ms Ann Battersby, Executive Officer
Tel. (01) 896 1125; Email: ann.battersby@tcd.ie: Room 01B
Ms Anne Burke (job-share), Executive Officer
Tel. (01) 896 1278; Email: aburke@tcd.ie: Room 01B
Ms Mairead Morrissey (job-share), Executive Officer
Tel. (01) 896 1278; Email: aburke@tcd.ie: Room 01B
International & Visiting Students / Erasmus/Year Abroad
Ms Celine Walsh, Executive Officer
Tel. (01) 896 2296; Email: law.exchange@tcd.ie: Room 01C
Postgraduate Studies
Ms Kelley McCabe, Senior Executive Officer
Taught (LL.M.) Programmes: Tel. (01) 679 2392; Email: kelley.mccabe@tcd.ie:
Room 14, 2 College Green, Monday – Friday: 9.30 – 12.30
Research Students: Tel. (01) 896 2772; Email: kelley.mccabe@tcd.ie;
Room 2.10 Monday – Friday: 2 – 4
CPD Programmes, Conferences, Events, Guest Lectures
Ms Soraya Sobrevia, Executive Officer
Tel. (01) 896 2772; Email: soraya.sobrevia@tcd.ie; Room 2.10
School Executive, Timetabling, CPD Programmes, Conferences, Events, Alumni
Ms Catherine Finnegan, School Administrator
Tel. (01) 896 2367; Email: catherine.finnegan@tcd.ie; Room 2.10
44
CONTACT DETAILS FOR GERMANIC STUDIES
German Department Contacts
German Department
Mondays, Tuesdays and Wednesdays
Office
9.30 a.m. – 11.30 a.m. and
Room 5065, Arts Block
2.30 p.m. – 3.30 p.m.
Head of Department
Prof Moray McGowan
moray.mcgowan@tcd.ie
room 5067, Arts Block
Coordinator for Law
and German
Katrin Eberbach
eberback@tcd.ie
room 5080, Arts Block
Nora Maguire
nomaguir@tcd.ie
room 5069 Arts Block
Academic Staff in the German Department
Professor Moray McGowan
Head of Department, TSM Course Director, Senior Dean
Modules: Landeskunde, Literature, Translation
Room 5067
T: 896 2415
E: moray.mcgowan@tcd.ie
Dr Peter Arnds
Director MPhil in Comparative Literature, Director MPhil
in Literary Translation
Modules: Literature
Room 5072
T: 896 1501
E: arndsp@tcd.ie
Professor Jürgen Barkhoff
Director of the Long Room Hub
Modules: Literature
Room 5069
T: 896 1210
E: juergen.barkhoff@tcd.ie
Ms Katrin Eberbach
Coordinaton: Law and German, CSLG, peer-learning,
Praktikanten
Modules: Language & specialist legal language
Room 5090
T: 896 3469
E: eberback@tcd.ie
Dr Catriona Leahy
Coordination: TSM
Modules: Literature & Textual Analysis
Room5070
T: 896 1107
E: cleahy@tcd.ie
Dr Gillian Martin
Coordination: Business German, CSLG, BESS,
GRADLINK
Modules: Business German, Intercultural Communication
Room5071
T: 896 2329
E: gsmartin@tcd.ie
Ms Brigitte Morrogh
Modules: ROHAN BESS, Business German
Room 5090
T: 896 3469
E: morroghb@tcd.ie
Room 5068
T: 896 1935
E: : ruthnerc@tcd.ie
Dr Clemens Ruthner
Director of Research, coordination European Studies
Modules: Literature, Language, Kulturgeschichte
45
CONTACT DETAILS FOR GERMANIC STUDIES
Ms Karin Staufer
OEAD Lektorin, coordinaton: Theatergruppe,
Praktikanten
Modules: Language
Room 5089
T: 896 3188
E: stauferk@tcd.ie
Dr Frank Mattern
DAAD Lektor, coordination: Praktikanten
Modules: Language
Room 5089
T: 896 3188
E: matternf@tcd.ie
Dr Nicola Creighton
Coordination: TSM, Exams Officer
Modules: Literature, Language
Room 5069
T: 896 1210
E: nicola.creighton@tcd.ie
Dr Nora Maguire
Coordination: Law and German
Modules: Literature, Language
Room 5069
T: 896 1210
E: nomaguir@tcd.ie
46
STAFF / STUDENT CONTACT
The Law School is a warm and welcoming community. Members of staff are
available to discuss academic matters with students.9 Each student is
assigned to a college tutor, usually a member of staff in the Law School. Your
tutor can discuss both academic and pastoral matters with you. They are a
good first point of contact if you have concerns on any matters. There are also
many opportunities to meet staff informally in non-academic settings.
Academic Problems
Students who find they are having academic problems should seek advice.
There are several sources of help:
1.
Personal Tutor (or any tutor if your tutor is not available).
2.
Education Officer, Students’ Union
Jack Leahy - Phone: 083 303 8519, Email: education@tcdsu.org
3.
Class representatives
4.
Director of Teaching and Learning (Undergraduate):
Professor Oran Doyle.
6.
Academic Staff
References
Sophister students are assigned two Referees. If you need to nominate a
referee on a job or postgraduate application, you should notify you referee in
advance and submit an up-to-date curriculum vitae to aid the writing of the
reference.
Please note that students should only approach their assigned Referees
for references and should give them adequate notice if references are
needed by a deadline. If students are not individually acquainted with a
member of Academic staff to whom they have been assigned for Referee
purposes, then the onus is on students to establish contact with their
Referee(s) in order to introduce themselves. Lack of individual acquaintance
with an assigned Referee is not an acceptable basis on which to request
another member of Academic staff to act as Referee, as such approaches
impede the smooth and efficient running of the Referee system. This Referee
system is a very important and valuable one for students: please respect the
system and work within its parameters, in the interests of the entire Law
School community.
Transcripts
A breakdown of results is available to all students via my.tcd.ie or by request
from the Law School Office. Transcripts of results are available upon request.
A minimum of FIVE working days is required for same. If multiple copies are
required, please order them together.
9
Appointments should be made with the lecturer concerned. Generally, tutors keep a note of
their office hours on their doors, tutees should visit during these times or by appointment.
47
STAFF / STUDENT CONTACT
Internship and Summer Posts
During the year, usually in Hilary Term, the School of Law may send email
notification of competition for internships with firms of solicitors, NGOs,
government departments and LA Federal courts. In order to apply you must
send a cv with details of your results to date. Please retain all previous
transcript of results and ensure that your cv contains the correct results. Any
errors in your cv will result in your application being disqualified.
Personal Tutors
All students are assigned a college tutor who will give advice on personal
problems, subject choices and career matters. Tutors are usually members of
the Law School.
Mentoring Programme
The law mentoring programme was launched in the Law School in 2003-2004
to provide a network of peer support for students. The coordination and
organisation stems from a group of scholars and the general aim is to involve
as many students as possible in creating communication across the different
years. This provides valuable assistance for more junior students as well as
creating a greater sense of community within the Law School.
All mentors have been approved by the Student 2 Student (S2S) programme
in College. This year’s coordinators are Dr. David Kenny (academic) and the
student coordinator is Graham Murtagh.
Student 2 Student (S2S)
From the moment you arrive in College right the way through to your end of
year exams Student 2 Student (S2S) is here to make sure your first year is
fun, engaging and a great foundation for the rest of your time in Trinity. You’ll
meet your two S2S mentors early in Michaelmas term and they’ll make sure
you know other people in your course. They will keep in regular touch with
you throughout your first year and invite you to events on and off campus.
They’ll also give you useful information about your course and what to look
out for. Mentors are students who have been through first year and know
exactly what it feels like, so you never have to worry about asking them a
question or talking to them about anything that’s worrying you.
Law School Committee
The Law School Committee, comprising staff and student representatives,
meets regularly to consider matters of concern to the Law School. The
Students Union organises elections for class representatives who then sit on
the Law School Committee, as well as representing their class in other ways.
48
STAFF / STUDENT CONTACT
Law School Executive
The membership of the School Executive Committee comprises the Head of
School, Directors of Teaching and Learning Undergraduate and
Postgraduate, Director of Research, School Administrator, Registrar, one
additional member of staff and an undergraduate and postgraduate student
representative. The Executive meets regularly throughout the academic year.
Email
Students are advised to regularly check my.tcd.ie for important emails and
announcements from members of staff. Changes in timetables, special
notices and important documents and information are sent to students’ Trinity
College accounts.
Noticeboards
Students should keep a close eye on the notice boards. In the School of Law,
in addition to a general notice board in the hall of House 39, there are
dedicated notice boards for examinations and timetables, seminar notices,
LL.M. students and Socrates students. The notice boards should be checked
regularly as important information concerning lectures, subject choices, the
Socrates programme, examinations, further study, summer internships and
career opportunities are affixed upon them.
Exam results are published on the glass noticeboards in the hall of the Law
School. Seminar groups will be published in the glass noticeboards. Seminar
times will be published on the noticeboard beside the student toilet (through
the glass doors in the hallway).
Information about the German components for Law and German students is
displayed on the German Department’s noticeboard, which is organized by
year-group, in the corridor beside Room 5065 on the fifth level in the Arts
Block. Information about German law courses is displayed on the Law and
Language noticeboard in the Law School next to Room 21.
Course Specific Noticeboards
Information about the German components for Law and German students is
displayed on the German Department’s noticeboard, which is organized by
year-group, in the corridor beside Room 5065 on the fifth level in the Arts
Block. Information about German law courses is displayed on the Law and
Language noticeboard in the Law School next to Room 21. Please also take
notice of the Law School noticeboard in the entrance of the Law School in
House 39 for all other relevant announcements. Information may also be
posted for your attention on Blackboard. The notice board at the bottom of the
stairs in House 39 is where groups, timetables and sign-up sheets for
seminars are posted.
49
STAFF / STUDENT CONTACT
Local Access Website
Important notices, Handbooks and other relevant documentation will be
available from the Local Access page of the Law School’s website:
http://www.tcd.ie/Law/local
This page is restricted access only, so a TCD password and login is required.
50
SOCIAL EVENTS
Receptions and Christmas Drinks
During the academic year special receptions for undergraduate students, scholars and
incoming LL.M. students will be organised. Christmas drinks are usually arranged by
individual lecturers. Students are routinely invited to lectures by visiting lecturers and
receptions afterwards.
Staff / Student Walk
Professor Scannell and other staff members often organise a staff/student walk around the
Hill of Howth during Michaelmas term.
Law School Cabaret
There is an annual Law School cabaret in March/April every year. All classes and staff
prepare and perform a short ‘skit’, individual acts also perform (talent is welcome but not
compulsory) and the event is mc’d by students. Preliminary notices will be circulated in
Hilary Term.
Debating and Mooting
During the course of your education at the Law School, you may avail of the opportunity to
participate in international and domestic moot court competitions. While these are
extracurricular in nature, members of the Law School staff coach teams to participate in
these competitions. International competitions in which students from the Law School
participate include the Jessup International Moot Court, the ELSA Moot Court Competition,
the European Law Moot Court. On the domestic scene, there are also several
competitions of note.
Conferences
The Law School runs a number of legal conferences every year. These conferences are
attended primarily by members of the legal profession. However, subject to availability,
most of these conferences are open to students (on a first-come-first-served basis). For
more information, students should consult http://www.tcd.ie/Law/Events or email
lawevent@tcd.ie to see if there are any places available.
Trinity College Law Student Colloquium
The Colloquium is a prestigious student conference at which law students of all levels
present their work to their peers. It is held annually at Trinity College and organised by a
committee of undergraduate and postgraduate students from the Law School. It has
become usual for over 100 delegates to attend the conference, at which dozens of student
speakers from Ireland and abroad contribute on all aspects of legal scholarship. In
previous years the Colloquium has been addressed by Mr Justice Ronan Keane, Mrs
Justice Catherine McGuinness and Mr Justice Gerard Hogan. The encouragement of
undergraduate speakers is a core mission of the organising committee and prizes are
awarded to the best undergraduate participants. Successive committees have worked
hard to ensure that no attendance fee is charged. To this end, sponsorship has been
secured from law firms and the Friends of the Colloquium, barristers who support the
event. Involvement in the colloquium enables students to gain valuable skills in
organisation, communication and legal research.
Students are generally contacted by email about the above events and should also
check the School noticeboard for information on what is happening in the Law
School.
51
SOCIAL EVENTS
Social Events and activities in the Department of Germanic Studies
Peer-Learning
The German department operates a peer tutoring system for JF students. More senior
students advise and help Junior Freshmen to get to grips with coursework and private
study. For information, please contact Katrin Eberbach, eberback@tcd.ie
GradLink/E-Mentoring
The German department runs an e-mentoring programme, which enables SF and SS
students to contact graduates of the department, who are working in Ireland and abroad
and can share their experiences of looking for that first job and pursuing a particular career
path. Details of the e-mentoring programme are provided at the annual Germanic Studies
Careers Fair, which will be held in November. At this event you can meet and chat to
graduates of the department. Watch the departmental notice boards for information on this
event.
Stammtisch
Bi-weekly German Stammtisch & get-together of staff and students in Kennedy’s Pub,
Lincoln Place. Come along to speak German!
As part of Stammtisch, at the end of each term we will have a
German Pub-Quiz
Theater Gruppe
Rehearsals: once a week (October – December) and twice a week January / February;
Performances in St Killian’s German School, Dublin, and the University of Tübingen,
Germany. This year the play will be ‘Häuptling Abendwind’ (Nestroy). More information
available on the web: https://www.tcd.ie/Germanic_Studies/events/theater/index.php or on
the notice boards in the German department.
Film
A series of German films will be shown fortnightly at 6 p.m. in Room 3025 on Wednesday
nights, beginning in Week 2 of Michaelmas Term. Afterwards (from 8 p.m.) staff and
students gather in one of the local pubs, where they can speak German in a relaxed
atmosphere.
German Colours Debate
This event usually takes place in HT. More information will be available from December or
contact matternf@tcd.ie or eberback@tcd.ie
Weihnachtsfeier & Backwettbewerb
Learn about German Christmas traditions and taste German Christmas cookies!
Information on those events will be posted on the Departmental noticeboard and on
the Department.
52
STUDENT WELFARE
There are a number of places to which students can turn if they have a problem.
Personal Tutor
(or any other tutor if your tutor is not available):
Tutors within the law school are Dr. Deirdre Ahern, Dr. Niamh Connolly, Professor
Neville Cox, Dr. Catherine Donnelly, Dr. Oran Doyle, Dr. Caoimhin MacMaolain, Dr.
Desmond Ryan and Professor Gerry Whyte. Tutors advise on personal problems,
subject choices and career matters.
Student Counselling
This service is located on the 3rd Floor, 7/9 South Leinster Street, Trinity College, Dublin 2
(Near the National Gallery).
Contact: Tel: (01) 896 1407; Fax: + 353-1-8963464: E-Mail: studentcounselling@tcd.ie; http://www.tcd.ie/Student_Counselling/
Student2Student
Student 2 Student are a group of students trained in listening and helping.
Contact: Tel: 01 896 2438 ; Email: student2student@tcd.ie; http://student2student.tcd.ie
Niteline
This is a confidential listening service, run jointly by students from TCD, UCD, DCU,
NCAD, NUI (Maynooth) and RSCI for students from these universities. Niteline is:
 Not based on any political or religious beliefs;
 Confidential;
 Anonymous;
 Non-judgemental;
 Non-directive.
All volunteers undergo intensive training which is supported by the Student Counselling
Service. Niteline will help any student from Trinity who needs help.
Contact: 1800-793-793; http://www.tcd.ie/Student_Counselling/niteline-confidentialhelpline/index.php
Student Health Service
The Health Centre is a year round service. For consultations please make an appointment
as early as possible. Emergencies will be accommodated.
Contact:
Tel: 896 1556; http://www.tcd.ie/collegehealth
Welfare Officer, Students’ Union:
TCDSU Welfare Officer: Stephen Garry
Contact: 085 101 6481; Email: welfare@tcdsu.org
53
STUDENT WELFARE
(Free Legal Advice Centre) FLAC
In 1998 FLAC established a legal advice centre in Trinity. Although the
service is aimed in particular to students who are unable to obtain legal advice
due to financial difficulties, it is open to any member of staff. Check the
noticeboards in House 39 or contact the FLAC society for further information.
Chaplains
The Chaplains are:
Darren McCallig (Church of Ireland), Julian Hamilton (Methodist and
Presbyterian) and Peter Sexton and Paddy Gleeson (Roman Catholic). The
Chaplains also have information on local resources for other faiths.
The Chaplaincy offers a number of services to students including:
 Listening and Pastoral Guidance;
 Bereavement Support;
 Peer Orientation Programme (POP);
 Taize Prayer;
 Introduction to Meditation.
The Chaplaincy also organises retreats, days of reflection, weekends away,
and an annual day excursion. The chaplains prepare individuals for baptism,
Eucharist, confirmation, and marriage.
Location: House 27, College.
Careers Advisory Service
The Careers Advisory Service is open to students on a year round basis,
providing advice and information on careers, postgraduate study and how to
finance it, application forms, interviews and tests, taking a year out and
working in Europe. Students may meet a Career Advisor by booking an
appointment at Reception. The Careers Advisor for Law is Fiona Hayes;
Email Fiona.hayes@tcd.ie
Careers Advisory Service 2nd Floor, 7-9 South Leinster Street, Dublin 2 (near
the National Gallery).
The Careers Liaison Officer for Law is Dr. Diarmuid Rossa Phelan
During Term:
Hours
Monday, Tuesday, Thursday, Friday
Wednesday - closed 12noon - 1.00pm
9.30am - 5.00pm
Vacation Time:
Monday – Friday
9.30 - 12.30pm & 2.15 - 4.30pm
54
HEALTH AND SAFETY
Fire Safety
On Discovery of Fire
1. Raise the alarm – By breaking the nearest break glass unit or call
point. A break glass unit can be found in the Front Hall, under the
‘Firecheck II Alarm Control’ panel.
2. Dial (896) 1999 to call the fire brigade.
3. Attack the fire only if it is at a stage where you feel confident in doing
so and you are familiar with the use of fire extinguishers.
On Hearing the Fire Alarm
4. Leave the Building – Close all doors behind you.
5. Report to your assembly point - This is located in the car park directly
behind House 38.
6. Re-enter the building only when the fire alarm has ceased.
Fire Exits
It is important that you familiarise yourself with the location of the
fire/emergency exits in House 39, both for your own safety. You should also
note emergency exits when attending classes in other buildings on campus.
 Ground Floor – Exit through main doors
 First Floor - Exit through rooms 1.2 and 1.7. Use ONLY in
emergencies.
 Second Floor - Exit through the doors adjacent to rooms 2.2 and
2.9. Use ONLY in emergencies
First Aid
If you have an accident or are feeling ill, please contact College Health at
(896) 1556/1591.
Accident Reporting
If you have an accident in College, please let the School Safety Officer know
the exact details as soon after the event as possible. An official accident
report form will be filled out and dealt with appropriately.
Other Matters
Any other matters that may arise in relation to Health, Safety and Welfare in
the Law School should be reported to the School Safety Officer, Catherine
Finnegan (catherine.finnegan@tcd.ie / Tel 896 2367) or Deputy School Safety
Officer, Ann Battersby, (ann.battersby@tcd.ie / Tel 896 1125)
55
STUDENT SOCIETIES
Trinity College has over 130 societies and clubs, catering for all interests.
The University is also home to several undergraduate publications, including
the Trinity College Law Review. Three societies cater specifically for law
students, the Law Society, the European Law Students’ Association and the
College Branch of the Free Legal Advice Centre Ltd.
D.U. Law Society
Law Soc, as it is affectionately known, has been at the very heart of student's
social lives for over 65 years. It hosts weekly social and law related events to
ensure students have the best possible college experience.
The Law Soc is renowned around campus for having two of the best balls in
Trinity. The biggest event of the year is the annual Law Ball. This opulent
black tie ball is held in the Mansion House. It is an undoubted highlight every
year with revelers dancing long into the night to celebrate another action
packed Law Soc year. Swing Ball is the other ball of the year of the Law Soc.
Here, students swing to their hearts content as a live Swing band belts out all
the crooner classics.
However, Law Soc is not just about lavish balls. An annual trip to Galway,
mock trial competition, mooting and debating competitions are just some of
the vast array of events held throughout the year. Law Soc. also seeks to
give back and annually runs "Law Day", a day where students head out to the
streets of Dublin and raise money for a chosen charity.
The Law Soc not only tries to make sure you have a good social life, but also
tries to make a difference with your career. They have a designated Careers
Liaison officer whose job it is to guide members towards all all the best
available career opportunities. They also host frequent career related talk so
Law Soc members can stay abreast of all that is current in the legal world.
In essence, Law Soc. forms an essential part of the Trinity Law experience
and provides a group of people whose very goal is to make sure students time
in Trinity is an enjoyable one.
FLAC – Free Legal Advice Centre
Trinity's branch of the Free Legal Advice Centres (FLAC) is a student society.
At the heart of FLAC's existence is the concern that the law is accessible to all
in society, not just to the privileged few. All too often it is exactly those with
most difficulties gaining access to the legal system who are the most in need
of it to vindicate their legal rights. FLAC has played a key role in shaping the
changing landscape which eventually saw the Government's introduction in
1980 of the first ever civil legal aid scheme. This was placed on a statutory
footing in 1995 under the Civil Legal Aid Act, but has failed to tackle the depth
and magnitude of the issues of access to justice in Ireland. With FLAC now
over 40 years in existence, the need for radical and far reaching reform of the
legal aid system has never been more pressing.
56
STUDENT SOCIETIES
What can Trinity FLAC do for you?
Trinity FLAC operates fortnightly free legal advice clinics in Room 4 of the
Atrium where students can avail of free legal advice from qualified
professionals. Trinity FLAC also hosts debates and talks dealing with law
reform and public interest law issues. We run campaigns and are involved
with research on issues such as homeless rights, prisoners' rights, the rights
of children with learning difficulties and the rights of asylum seekers. To get
involved please email flac@csc.tcd.ie.
ELSA - European Law Students’ Association
ELSA is the world’s largest independent law students’ association operating at
nearly 300 law faculties in 42 countries across Europe with in excess of
30,000 members. ELSA’s core purpose is to contribute to legal education and
to promote social responsibility amongst students and young lawyers. ELSA
provides its members with the opportunity to become internationally minded
and professional skilled and to learn about other cultures and legal systems.
ELSA TCD is an extremely active society and we are delighted to introduce
students to the vast ELSA network and to all of the opportunities and
experiences membership can provide.
Some distinguishing features of ELSA are its international Moot Court
Competition (EMC2); its publications, including Selected Papers on European
Law (SPEL) and Synergy Magazine, its international seminars and
conferences and STEP (Student Trainee Exchange Programme), which offers
students the unique opportunity to undertake a legal internship abroad.
TCLR - TCD Law Review
The Trinity College Law Review (TCLR) is a law journal published entirely by
the students of the Law School. What sets TCLR apart is that it is edited by
students and seeks to publish articles written exclusively by law students and
recent graduates. Typically, the authors are from Junior Sophister year all the
way up to Ph.D. holders and newly qualified practitioners, writing on a range
of topics, from hate crimes and natural law to financial regulation.
For the editors, TCLR involves the production of a journal from scratch with
assistance from the Advisory Board and the principle sponsor, Arthur Cox.
This includes selection of articles, editing and coordination of several events
throughout the year. There are two branches to the editorial board. The
Senior Editorial Board is made up of students from the Senior Freshmen to
Senior Sophister years. The Junior Editorial Board, comprising entirely of
Junior Freshmen, assists at the events and with some of the editing. It also
gives Junior Freshmen an exposure to the work of TCLR so they can decide
whether to apply for the Senior Board.
The application processes for both boards will take place early in Michaelmas
Term. As with all college societies, TCLR requires a commitment of time and
effort, but the unique experiences and skills that it gives to its editors and
authors make it one of the most rewarding activities in college. More
information can be found at www.trinitycollegelawreview.org.
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STUDENT SOCIETIES
The Hist and the Phil
The Hist and Phil are the two most active debating societies in college as well
as being amongst the oldest in the world. The weekly debates (the Hist on
Wednesday nights and the Phil on Thursday nights) in the Graduates
Memorial Building (GMB) provide a forum for discussion of topical ideas as
well as hearing the opinions of those in the ‘know’. Normally, weekly debates
attract a regular crowd but for the big events it is better to turn up early.
Private Business starts at 7.30 pm with public business at 8.00 pm.
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PART II
59
BOOK OF MODULES
BOOK OF LAW MODULES
Academic Year
2013-14
Please note the information contained herein was correct at time of
publication and may be subject to change.
For information on Germanic Studies modules please also refer to their
website
www.tcd.ie/Germanic_Studies
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BOOK OF MODULES
GERMAN LAW MODULES
(AVAILABLE TO LAW AND GERMAN STUDENTS)
INTRODUCTION TO THE GERMAN LEGAL SYSTEM (LA1020) 10 ECTS
This is a course designed to provide Law and German Junior Freshman
students with an introduction to the German legal system with an emphasis on
German constitutional law. Topics covered include the German constitutional
history, German legal methods, but also the state organs as well as the
protection of human rights.
Learning Outcomes
Having successfully completed this module, students should be able to:








Identify the differences between German public and private law
Understand the civil law system and identify the differences to the
Common Law system
Identify the structure and key elements of the German Constitution
Analyse and understand the structure of the state institutions and their
interconnection in the political process
Explain the role of basic and human rights, both from a philosophicalhistorical and a German constitutional perspective
Solve cases following the procedures provided in the Basic Law
Discuss problems and the key jurisdiction of German Constitutional
Law
Present and discuss problems of German Constitutional Law orally and
in a Hausarbeit
Teaching:
2 hours of lectures per week in both .
Assessment:
Continuous Assessment (Tests) - 30% and Essay (1,500
words) - 70 %
Lecturer:
Ms Nazli Heimann
GERMAN CIVIL LAW: (LA2004) 10 ECTS
This is a course designed to provide Law and German Senior Freshman
students with an introduction to German civil law. Topics covered include
general principles of German civil law and the structure of the German civil
code BGB. The emphasis will be on contracts while an introduction to torts
and the law of property will be given. Basic problem-solving skills as well as
an overview over the legal education in Germany will also be covered.
Learning Outcomes
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Having successfully completed this module, students should be able to:









Explain the principles of Civil/Private Law
Identify the structure and content of the German Civil Code
Discuss and analyse the difference between Gutachten- and Urteilsstil
Apply the German Civil Code using the Gutachtenstil
Conduct effective research in commentary books and online on the
respective German sources
Research problems of German civil law and presenting it in a
Hausarbeit
Discuss problems of German civil law and comparing the findings to
Irish law
Understand the role of the courts and jurisdiction for German civil law
Present German civil law questions orally and in writing
Teaching:
2 hours of lectures per week in both semesters.
Assessment:
Essay (Hausarbeit) (1,500 words) - 40% and exam (in class
test) - 60%
Lecturer:
Ms Nazli Heimann
GERMAN AND EU LAW: (LA4002) 5 ECTS
This is a course designed to provide Law and German Senior Sophister
students with an opportunity to deepen their knowledge in German and
European Law. Students will give presentations of German and European law
topics in a German context. The lectures cover German problem-solving
approaches, German constitutional, administrative, civil and criminal law.
Learning Outcomes
Having successfully completed this module, students should be able to:





Understand the historical development of the German legal system
Explain and discuss current questions of German Constitutional Law
and European Law in a historical, philosophical and legal context
Identify the general principles of European Union Law and the relation
to German Constitutional Law including the respective jurisdiction;
Present complex legal subjects in German orally and in writing and
contextualize the topics both politically and socially
Identify, formulate and address key research questions into two
particular aspects of German/European law and present them in a
Seminararbeit
Teaching:
2 hours of lectures per week in both semesters
Assessment:
2 Seminararbeiten/essays (each 50%)
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Lecturer:
Ms Nazli Heimann
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Junior Freshman Law Modules
The Irish Legal System: (LA1017) 10 ECTS
This module is intended to provide students with a thorough grounding in a number of
aspects of the Irish legal system. Commencing with an identification of the key sources of
law in Ireland and the principal features of the common law system, the module also includes
a detailed analysis of the courts system in Ireland, as well as a thorough examination of the
key principles of common law precedent. The impact of the European Convention on Human
Rights is also explored in detail. The course concludes with an overview of key aspects of
civil and criminal procedure. This module also comprises Legal Skills (see below).
Learning Outcomes:
Having successfully completed this module, students should be able to:

Identify and comment critically on the key features of the common law nature of
the Irish legal system when contrasted with other legal systems;

Identify and comment critically on a number of aspects of the Irish courts system,
including recent and proposed reforms within this system;

Critically assess the impact upon the Irish legal system of both EU law and the
European Convention on Human Rights;

Apply critical analysis and problem-solving skills and techniques to different essay
and problem-based questions on material covered in the module.
Teaching
Assessment:
Lecturer:
Erasmus/
Visiting Students
Available:
3 hours of lectures per week and four hours of seminars
in the 1st Semester.
Essay – 15%, Legal Skills Assignment – 10%, Examination
– 75% (1 x 2 hour paper) TBC
Dr. Rachael Walsh
Places are limited. Priority will be given to students
studying law in their home university and are attending
Trinity on a law exchange programme. Auditing this
module is only possible subject to availability of spaces.
All JF Students
Legal Skills
This introductory course which aims to provide students with the basic skills required for the
study of Law. The course is applied in nature, and covers topics such as reading a case,
answering problem questions, legal writing, library and internet resources and exam
technique, all of which are necessary to ensure success in your substantive subjects. The
course has been in operation for a number of years and has changed and developed over
time. It is taught by seminar. As in all seminars, student discussion is vital to ensure its
success. You should feel free to contribute and ask questions in class.
HOW LEGAL SKILLS WORKS
You will be divided into groups to attend a total of seven seminars per group, all in the first
term. The seminars will be weekly for the first three weeks, then change to fortnightly for the
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BOOK OF MODULES
remainder of the term. There will be no seminars in reading week. Classes will run in the
following weeks:
Weeks 5 – 6
Week 7 (in PC Lab)
Weeks 8, 10, 13, 15 or Weeks 9, 12, 14, 16
Torts: (LA1015) 10 ECTS
This is a standard course designed to provide Freshman students with an introduction to the
law of torts. Topics covered include the major torts such as negligence, defamation and
nuisance, but also issues such as defences, limitation periods and the interaction between
the law of torts and the Constitution.
Learning Outcomes:
Having successfully completed this module, students should be able to:

Identify and analyse the key principles underlying the law of tort;

Use appropriate legal concepts, relevant judicial precedents and statutory law to solve
concrete practical problems;

Explain how tort law seeks to give effect to social policies as well as address issues of
personal responsibility;

Differentiate between liability for intentional wrongs, negligence and strict liability;

Discuss the principles of compensation and their practical application in specific
contexts.
Teaching
Assessment:
Lecturers:
Erasmus/
Visiting Students
Available:
3 hours of lectures per week and four hours of seminars
in the 1st Semester.
Examination (1 x 2 hour paper) - 75%, Essay - (3,000
words) - 25%
Dr. Des Ryan
Places are limited. Priority will be given to students studying
law in their home university and are attending Trinity on a
law exchange programme. Auditing this module is only
possible subject to availability of spaces.
JF Law, Law and Business, Law and Political Science,
SF Law and French and Law and German
Contract Law: (LA1204) 10 ECTS
Contract is one of the core subjects of the common law of obligations. It involves analysis of
the legal principles behind the rules relating to the formulation of contracts and the
circumstances in which they will not come into existence or in which they cease to be
effective.
Learning Outcomes:
Having successfully completed this module, students should be able to:
Having successfully completed this module, students should be able to:
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BOOK OF MODULES





Engage in sophisticated, creative and critical discussion of common law
concepts, both orally and in writing,
Analyse and apply the substantive principles of the law of contract,
Appreciate and explain the role of the law of contract in society,
Identify contractual issues in disputes, and advise accordingly, and
interpret and draft key contractual provisions
Teaching:
Assessment:
Lecturer:
Erasmus/
Visiting Students
Available:
3 hours of lectures per week and four hours of seminars
in
the 2nd Semester.
Examination - 100%
Professor Blanaid Clarke and Dr. Eoin O’Dell
Places are limited. Priority will be given to students
studying law in their home university and are attending
Trinity on a law exchange programme. Auditing this
module is only possible subject to availability of spaces.
JF Law, Law and French and Law and German,
Law and Business, Law and Political Science
Constitutional Law I: (LA1016) 10 ECTS
Constitutional law I introduces students to the study of constitutional law and theory,
addressing a number of key doctrines and significant points of debate. The first part of the
module addresses a number of constitutional rights, including rights relating to the criminal
trial, property and unenumerated rights. The second part of the module addresses the
separation of powers under the Irish Constitution, focusing on the limits of and interaction
between the legislative, judicial and executive powers of government. The third part of the
module addresses the overarching issues of constitutional litigation and constitutional
interpretation.
Learning Outcomes:
Having successfully completed this module, students should be able to:







Map the basic structure of government in Ireland;
Identify, evaluate and critique the role of constitutional law in ensuring respect for
human rights and democratic governance;
Apply constitutional law concepts and doctrines for the purpose of solving concrete
practical problems;
Identify the role which judicial interpretation plays in the development of constitutional
law;
Critically analyse the case law interpreting Articles 38, 40 and 43 of the Constitution,
articulating a coherent position on the ways in which constitutional law should develop
in the future;
Apply critical analysis and problem-solving skills and techniques to different essay and
problem-based questions on the implications of the above constitutional provisions;
Write convincingly on basic issues in the development of Irish constitutional law,
grounding analysis in the constitutional text and decided case.
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Teaching
Assessment:
Lecturer:
Erasmus/
Visiting
Students
Available:
3 hours of lectures per week and four hours of seminars in the
1st Semester.
Essay - 20%, Webcourse Participation - 5% Examination - 75%
(1 x 2 hour paper)
Professor Oran Doyle
Places are limited. Priority will be given to students studying
law in their home university and are attending Trinity on a law
exchange programme. Auditing this module is only possible
subject to availability of spaces.
JF Law, Law and French and Law and German, SF Law and
Business, Law and Political Science
Criminal Law: (LA1203) 10 ECTS
This module is about criminal liability; it is concerned with whether certain acts and conduct
performed by a person amounts to that person being guilty of a particular crime. The module
accordingly deals with the definitions of criminal offences and defences. Offences are broken
down into physical elements (precisely what acts, in terms consequences and conduct, are
prohibited?) and mental elements (what intentions must be present in the person’s mind at
the time of their act in order for them to be guilty?). The module is also concerned with
general principles that apply across the board to questions of criminal liability such as the
question of what it means to cause something to happen. The basic aspects of the courtbased process by which a person can be found to be guilty of a crime and punished are also
looked at.
Learning Outcomes:
Having successfully completed this module, students should be able to:

Identify and critically analyse the basic principles of criminal liability and
substantive criminal law;

Appraise and evaluate general rules relating to individual governing criminal
defences;

Appraise and evaluate specific principles relating to particular categories of
offences;

Appraise and evaluate rules and principles regulating different modes of criminal
liability;

Apply critical analysis and problem-solving skills and techniques substantive
criminal law knowledge to different essay and problem-based criminal law
questions
Teaching:
Assessment:
Lecturer:
Erasmus/
Visiting
3 hours of lectures per week and 4 seminars in the 2 nd Semester
Essay (1,500 words) – 10%; Examination – 90%
Prof Ivana Bacik
Places are limited. Priority will be given to students studying law
in their home university and are attending Trinity on a law
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BOOK OF MODULES
Students
Available:
exchange programme. Auditing this module is only possible
subject to availability of spaces.
JF Law, Law and French and Law and German, SF Law
and Business, Law and Political Science
Legislation and Regulation: (LA1231) 10 ECTS
This exciting new course is about how legislation is made, interpreted, administered and
enforced with reference to regulatory law. We will examine the important aspects of
regulatory law which is among the most prevalent and powerful sources of law that you will
encounter as a legal practitioner or a citizen. The course deals with the role of regulators,
how regulatory systems are designed, operated and enforced, how they provide for
democratic control, quality decision-making, transparency in decision-making and access to
justice for those who wish to question the substantive and procedural merits of decisions.
The skills that you will acquire in this course will transfer to other courses and to your jobs,
whether you work for a private firm, a non-profit group, or a government organization. They
will also enable you to understand and evaluate the structure and operation of our national
government better.
Learning Outcomes:
Having successfully completed this module, students should be able to:
 Identify and evaluate the structure of the national government of the Republic of
Ireland
 Critically assess the different regulatory systems and the manner in which they work
 Identify and evaluate how all kinds of legislation is enacted in Ireland
 Evaluate the roles of the Regulators and their transparency and accountability
 Possess the knowledge and skills to read and interpret legislation
 Critically assess and evaluate the structure and operation of the national government
of the Republic of Ireland
 Assess the roles of the courts in overseeing actions
 Analyse the merits of different kinds of regulatory enforcement.
Teaching
Assessment:
Lecturers:
Available:
3 hours of lectures per week and four hours of seminars in
the 2nd Semester.
Participation in group work and legislative drafting exercise 33.3% and 1 x 2 hour paper in annual examinations 66.66%
Professor Yvonne Scannell
JF Law, SS Law and French and Law and German, JS,
SS Law and Business, Law and Political Science
Senior Freshman Modules
Land Law: (LA2020) 10 ECTS
This module introduces the student to the considerable body of common law, equitable
principles and legislation which governs the various ways in which land may be acquired,
held and alienated. It commences with an historical account of the evolution of land law, an
understanding of which is fundamental to an appreciation of the complex system in operation
in Ireland today. The substantive areas dealt with include leases, rights of way, the use of
land as security, and succession to the property of deceased persons.
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Learning Outcomes:
Having successfully completed this module, students should be able to:

Identify and analyse the evolution of land law and the complexities of the system in
Ireland;

Outline the body of common law, equitable principles and legislation governing the
ways in which land may be acquired, held and alienated;

Analyse and apply substantive areas in land law such as leases, rights of way;

Explain the use of land as security and succession to the property of deceased
persons.
Teaching
Assessment:
Lecturers:
Available:
3 hours of lecture per week and 4 seminars in the 1st semester
Examination (1 x 2 hour paper)– 100%
Mr. Paul Coughlan
SF Law, Law and French and Law and German,
Law and Business, Law and Political Science
Administrative Law: LA1233 (10 ECTS)
This module examines public administration and judicial review of administrative action. The
module addresses the powers of the administration, the position of the administration in
separation of powers, and the non-delegation doctrine will be examined. The bulk of the
module is concerned with the control of administrative action through judicial review. The
module will consider in depth the reach of judicial review and in particular, the main grounds
of judicial review. The module will also address judicial review procedures and remedies.
Throughout this module, extensive comparisons will be made between the English and Irish
case law.
Learning Outcomes
Administrative law in Ireland is primarily judge-made. It is a public law subject and is often
concerned with issues that are politically contentious and raise separation of powers
concerns. Students will need to develop the ability to navigate the complex tapestry of public
law principles that have developed in Irish administrative law jurisprudence. Having
successfully completed this module, students should be able to:
 Describe and assess the theoretical rationale for judicial supervision of administrative
action.
 Discuss the substantive case law in a manner that incorporates the principles and
theory of administrative law.
 Classify and compare the grounds for judicial review.
 Synthesise and evaluate case law on each of the main grounds of review.
 Apply the relevant principles and predict legal outcomes in factual situations
Teaching:
Assessment:
Lecturer:
Erasmus/
Visiting Students:
3 hours of lectures per week and four hours of seminars in
the 1st Semester.
Essay (3,000 words) - 25%; Examination (1 x 2 hour paper)
- 75%
Professor Hilary Biehler and Dr. Catherine Donnelly
Places are limited. Priority will be given to students
studying law in their home university and are attending
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Restrictions:
Available:
Trinity on a law exchange programme. Auditing this module
is only possible subject to availability of spaces.
Students taking this module may not take Advanced EU
Law (LA3444) and Family Law (LA3459)
JF, SF Law, SS Law and French, Law and German,
and JS/SS Law and Business, Law and Political Science
Constitutional Law II: (LA2345) 10 ECTS
This module examines the following aspects of constitutional law - the guarantees relating to
the family and education; freedom of religion; freedom of expression; freedom of association;
freedom of assembly; the guarantee of personal rights; the guarantee of equality; the
guarantee of personal liberty; inviolability of the dwelling; constitutional policy on abortion.
Learning Outcomes:
Having successfully completed this module, students should be able to:

Critically analyse the case law interpreting Articles 40 to 45 of the Constitution,
articulating a coherent position on the ways in which constitutional law should
develop in the future;

Assess the role of the courts in the protection of constitutional rights;

Discuss the philosophical influences on the fundamental rights provisions of the
Constitution;

Apply critical analysis and problem-solving skills and techniques to different essay
and problem-based questions on the implications of the above constitutional
provisions.
Teaching
Assessment:
Lecturers:
Available:
3 hours of lectures per week and four hours of seminars in
the 1st Semester.
Essay (2,000 words) – 20% and Examination (1 x 2 hour
paper) – 80%
Professor Gerry Whyte
JF, SF Law, SS Law and French, Law and German,
and JS/SS Law and Business, Law and Political Science
EU Law: (LA2346) 10 ECTS
The aim of this course is to provide an introduction to the law and institutions of the
European Union, in particular to examine their origins and development. The first part of the
course concentrates on constitutional issues, including the workings of the institutions and
legal system. The second part of the course examines selected aspects of substantive law,
including free movement of goods and persons and an introduction to EC Competition law.
Learning Outcomes:
Having successfully completed this module, students should be able to:
 Identify the general principles of European Union Law;
 Differentiate between the Institutions of the European Union and evaluate their role in
the formulation and application of EU Law;
 Explain the relationship between European Union Law and the national law of the EU
Member States;
 Discuss and appraise key aspects of European Union substantive law.
Teaching
3 hours of lectures per week and 4 seminars in the 2nd
Semester.
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BOOK OF MODULES
Assessment:
Lecturers:
Erasmus/
Visiting Students
Restrictions:
Available:
Examination – 100%
Dr. Caoimhin MacMaolain
Places are limited. Priority will be given to students
studying law in their home university and are attending
Trinity on a law exchange programme. Auditing this module
is only possible subject to availability of spaces.
Students taking this module may not take
Legal Philosophy (LA3441) or Tax Law (LA3468)
SF Law, JS Law and Business, Law and Political
Science,
SS Law and French and German
Equity: (LA2344) 10 ECTS
Equity may be described as that body of rules and principles which was developed by the
Court of Chancery in order to mitigate the rigours of the common law. This course examines
general principles, the law relating to private and public or charitable trusts and the
administration of trusts, focusing on the powers and duties of trustees. It also covers some
aspects of equitable remedies such as injunctions and examines the principles relating to
proprietary estoppel.
Learning Outcomes:
Having successfully completed this module, students should be able to:
 Evaluate the relationship between law and equity;
 Identify the contribution made by equity and the law of trusts to legal relationships and
commercial situations;
 Discuss and debate different perspectives on various aspects of the law relating to
trusts of a private and public nature;
 Use appropriate legal concepts, case law and statute law to analyse and solve legal
problems relating to the use of equitable remedies
Teaching
Assessment:
Lecturers:
Erasmus/
Visiting Students
Available:
3 hours of lectures per week and four hours of seminars in
the 2nd Semester.
Examination – 100%
Professor Hilary Biehler
Places are limited. Priority will be given to students
studying law in their home university and are attending
Trinity on a law exchange programme. Auditing this module
is only possible subject to availability of spaces.
SF Law, Law and French, Law and German,
JS, SS Law and Business, Law and Political Science
Private Law Remedies: (LA1232) 10 ECTS
Students will already have encountered private law obligations in the Tort (JF), Contract (JF),
and Equity (SF) courses. A conceptual understanding of the remedies available to a plaintiff
in civil proceedings at Common Law and in Equity to vindicate those obligations is the
capstone of private law analysis. This course analyses the remedial goals (such as
compensation for loss, punishment for wrongdoing, or restitution of unjust enrichment)
underpinning various personal and proprietary remedies available for private law claims
arising from tort, breach of contract, unjust enrichment, equitable wrongs, and so on.
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BOOK OF MODULES
Learning Outcomes:
Having successfully completed this module, students should be able to:
 evaluate remedial strategies from a range of theoretical and comparative
perspectives,
 analyse private law claims at law and in equity to determine the appropriate remedy or
remedies, and
 advise and advocate accordingly.
Teaching:
Assessment:
Lecturers:
Available:
3 hours of lectures per week and four hours of
seminars
nd
in the 2 Semester.
Examination (1 x 2 hour paper) – 80%; Moot – 20%
Dr. Eoin O'Dell
SF Law, Law and French, Law and German,
JS/SS Law and Business, Law and Political Science
Mooting Programme: (LA2011)
This programme gives students the opportunity to develop the written and oral advocacy
skills which are a central component of any lawyer's training. Students prepare mock cases
for appeal before the Supreme Court, arguing on behalf of their clients. Following a series of
introductory classes, students undertake one moot on Private Law Remedies in the second
term.
Junior /Senior Sophister Law Modules
Advanced EU Law: (LA3444) 10 ECTS
This course considers a number of specialist topics in European Union law and is divided
into two parts. In Part I, the focus is on 'Market Europe', with two to three topics: Competition
Law, and either or both of State Aids and Public Procurement. In Part II, the emphasis is on
'Constitutional and Social Europe', and the topics studied are EU Competences,. Human
Rights in the EU, and Constitutional Foundations of the EU.
Learning Outcomes:
Having successfully completed this module, students should be able to:
 Describe and summarize the most important primary materials on EU Competition
Law, State Aid, and to a lesser extent Public Procurement law published by the EU, of
which the course manual is composed, such as Treaty Articles, and the most
important Regulations and Directives, official Notices and Vade Mecum
 Analyze, breakdown, and interpret those primary materials.
 Initiation into creating independent authoritative argument and exposition on the basis
of those materials, with the idea and incipient technique and ability of breaking the
hold of assumptions of secondary literature by reference to primary materials
 Conduct effective and targeted research in case law, legislation and academic legal
commentary regarding the EU;
 Identify, evaluate and critique different aspects of the evolution and practice of the EU
from market to constitutional to social;
 Discuss and debate different perspectives on the impact of the EU on citizens and on
the nature of the EU;
 Apply their understanding of the EU and EU law to concrete practical problems and
important contemporary public debates.
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Teaching:
Assessment:
Lecturers:
Prerequisite:
Restrictions:
3 hours of lectures per week and additional seminars in the
1st Semester.
Examination (1 x 2 hour paper) 75%; Coursework 25%
Dr Diarmuid Rossa Phelan SC
Students have completed EU Law. This module is only
available in the SS year for Law and Business and Law
and Political Science students. Law and
French/German students may take this module if they
have completed EU at a French/German university.
Students taking this module may not take Administrative
Law (LA1233), or Family Law (LA3459).
Advanced Evidence (LA3473) 5 ECTS
This module builds upon the introduction to the law of evidence in Ireland provided in
Evidence (LA3458) 10 ECTS. Certain themes and issues touched upon in that module are
explored in greater detail including character evidence and expert scientific evidence.
Additional topics drawn from the fields of criminal and civil evidence will be explored in their
theoretical and practical contexts. Examples include the rules relating to discovery and
disclosure and various evidentiary privileges.
Learning Outcomes:
Having successfully completed this module, students should be able to:

Identify and critically analyse evidentiary concepts, doctrines and rules, both orally
and in writing;

Apply the law of evidence in practical and hypothetical settings;

Develop theoretical and policy perspectives on the law of evidence;

Formulate proposals for reform of the law in this area;

Conduct effective comparative and interdisciplinary research, where relevant.
Teaching:
Assessment:
Lecturers:
Pre-Requisite:
Restrictions:
2 hours of lectures per week in the 2nd Semester.
Coursework – 100%
Professor Liz Heffernan
Students must have studied LA3458 - Evidence
Students taking this module may not take Collective
Labour law (LA3429)
Child Law (LA3442) 5 ECTS
This course will address the law relating to children including theoretical perspectives on
children’s rights, sources of children’s rights, the status of children under Irish, European and
international law, before moving into more substantive aspects of child law such as
guardianship, custody and access, adoption, abduction, and children in care.
Learning Outcomes:
Having successfully completed this module, students should be able to:


Identify and evaluate the law relating to children in Ireland in the light of the
Constitution, the domestic legal framework as well as international human rights law.
Debate and discuss the policy which shapes and informs child law in Ireland.
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BOOK OF MODULES

Apply critical analysis and problem-solving skills and techniques to different essay and
problem-based child law questions.
Teaching:
Assessment:
Lecturer:
Restrictions:
1-2 hours of lectures per week in the 2nd Semester.
Examination - 100% (1 x 1 hour paper)
Ms. Patricia Brazil
Students taking this module may not take
European Human Rights Law (LA3436) or Tax Law
(LA3468)
Clinical Legal Education (LA3478) 10 ECTS
This module offers students an introduction to legal practice, allowing students the
opportunity to develop core professional skills essential for a lawyer as well as to gain
valuable practical experience in a legal environment. Students will undertake placements in a
variety of organisations in the private, public and voluntary sectors. Under the supervision of
experienced professionals, students will gain first-hand experience of legal practice,
observing, assisting and, where appropriate, participating in the organisations’ work. This
gives students an opportunity to apply and develop their legal skills and knowledge in a
practical way and to learn from this experience. Students will also attend a weekly lawyering
class which will focus on developing students’ professional legal skills and fostering an
understanding of legal ethics. Students will give presentations on their experiences and
engage in a process of reflection on these experiences, individually and as a group.
Learning Outcomes
Having successfully completed this module, students should be able to:
- Understand the range of persons and organisations engaged in legal practice and
their role in the legal system and in society;
- Apply core legal skills in a practical context;
- Apply legal knowledge in a practical context;
- Develop their knowledge and skills through practical experience;
- Reflect upon practical experience in order to broaden and deepen their understanding
of the law;
- Understand fundamental principles of legal ethics;
- Recognise and respond to ethical issues arising in legal practice;
- Work effectively in a professional setting and develop skills useful in a wide range of
professional settings.
Teaching:
Assessment:
Lecturer/Coordinator:
Restrictions:
1-2 hours per week
(Further information to follow)
Student presentation, Reflective Journal and Case
Study - 100%
Further information to follow
Dr. David Fennelly
This module is only available to Senior Sophister
students.
Number of places available will be restricted to 20 only.
Admission is also subject to confirmation of placement.
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Collective Labour Law: (LA3429) 10 ECTS
Collective Labour law examines the legal relationship between a) employers and workers
acting collectively through unions and b) unions and their members. In relation to the
employer/union relationship, we will examine the law relating to collective bargaining,
including statutory regulation of collective bargaining and the legal status of collective
agreements, and the law on trade disputes, including liability for engaging in industrial action
and legal immunities available to participants in such action. In relation to the union/member
relationship, we will examine how the law regulates the formation of this relationship, the
legal incidents of the relationship and the termination of the relationship.
Learning Outcomes:
Having successfully completed this module, students should be able to:
 Critically assess how the law regulates the relationship between employers and
workers operating through trade unions, in particular, in relation to collective
bargaining and industrial conflict;
 Explain the salient elements of Irish industrial relations;
 Apply critical analysis and problem-solving skills and techniques to different essay and
problem questions based on material covered in the module;
 Research topics in law regulating the relationship between employers and trade
unions.

Teaching:
Assessment:
Lecturers:
3 hours of lectures per week in the 2nd Semester.
Essay (3,000 words) – 20% and Examination – 80% (1 x
2 hour paper).
Professor Gerry Whyte
Commercial Law: (LA3445) 10 ECTS
The objective of this course is to provide students with a good knowledge of key areas of
commercial law. Commercial Law is taught with a practical emphasis on what occurs in
business life and will be of benefit to students who intend to go into professional practice in
this area. The course begins with the history and nature of commercial law and moves on to
consider legal regulation of a range of areas which are significant in the business world.
These include the law of agency, insurance law. the banker-customer relationship,
commercial payment methods such as bills of exchange, cheques and electronic credit
transfers. A particular focus of the course is the regulation of the sale of goods and supply of
services.
Learning Outcomes:
Having successfully completed this module, students should be able to:



Identify the relationship between law and the commercial world;
Use appropriate legal concepts, case law and statute law to analyse and solve legal
problems within the world of commerce;
Evaluate the contribution made by default rules provided by the law as opposed to
choices made by parties using freedom of contract.
Teaching
Assessment:
3 hours of lectures per week and additional seminars in the
1st Semester.
Essay (optional) (3,000 words) - 20%, Annual Examination 75
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80% or 100% Annual Examination.
Lecturer:
Prerequisite:
Assessment for Socrates students is by way of essay.
Dr. Deirdre Ahern
BESS students must have taken LA1240 and LA2012
Company Law: (LA3446) 10 ECTS
This course deals with the law relating to companies. The subjects covered include the
incorporation of companies and the legal consequences of incorporation, the constitutional
documents of a company, the law relating to corporate capacity, directors' duties and their
enforcement; shareholder and creditor protection; corporate borrowing, examinership and
liquidation of companies.
The course is open to both law students and BESS students. BESS students must have
taken Introduction to Law and Aspects of Irish Law in a European Perspective.
Learning Outcomes:
Having successfully completed this module, students should be able to:



Identify and evaluate the interplay between the legal entity that is the company and
the shareholders and directors, as the other organs of the company, in a wide range
of situations;
Apply relevant statutory rules and case law to companies in order to analyse and
solve legal issues relating to companies;
Discuss and debate different perspectives on various aspects of the law relating to
companies including the change in legal approach which occurs when a company
runs into financial difficulties.
Teaching
Assessment:
Lecturer:
Prerequisite:
3 hours of lectures per week and additional seminars in the
2nd Semester.
Examination (1 x 2 hour paper)
Professor Blanaid Clarke and Dr. Deirdre Ahern
BESS students must have taken LA1240 and LA2012
Conflicts of Laws: (LA3448) 10 ECTS
Conflict of Laws (also known as Private International Law) is the body of rules whose
purpose is to assist the Irish court in deciding a case containing a foreign element. It consists
of three main elements: (1) the jurisdiction of the Irish court (whether the Irish courts is
competent to hear the dispute); (2) the selection of the appropriate rules of a system of law,
Irish or foreign, which it is to apply in deciding a case before it (choice of law); and (3) the
recognition and enforcement of judgments given by foreign courts. A particular focus of the
course is the development of distinctive conflict of law rules within the European Union in the
areas of tort, contract and commercial litigation
Learning Outcomes:
Having successfully completed this module, students should be able to:


Locate contentious issues within national and international legal contexts;
Identify and evaluate the role of EU law in the development of rules and standards
applied in the Irish courts;
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




Identify and critically analyse rules governing jurisdiction, choice of law and the
recognition and enforcement of judgments both orally and in writing;
Compare and contrast the application of those rules in different substantive legal
contexts;
Discuss and debate different theoretical and practical perspectives on the conflict of
laws and formulate proposals for reform;
Apply Irish and European conflicts regimes in practical settings to resolve hypothetical
fact scenarios;
Conduct effective research of contentious issues at national and international levels.
3 hours of lectures per week in the 2nd Semester.
Examination - 100% (1 x 2 hour paper)
Mr. David Kenny
Students taking this module may NOT take
Medical law and Ethics (LA3479)
Teaching:
Assessment:
Lecturer:
Restrictions:
Criminology: (LA3450) 10 ECTS
This course covers the different theoretical perspectives attempting to offer a scientific
analysis of crime‚ and the criminal, from classical to contemporary theories. Throughout,
different theoretical perspectives are applied to the exercise of criminal justice in an Irish
context.
Learning Outcomes:
Having successfully completed this module, students should be able to:
 Critically appraise social and political ideas relating to crime and the criminal justice
system.
 Construct well-sourced arguments on criminological topics using a broad interdisciplinary social sciences approach
 Identify and analyse general principles of criminological theories;
 Appraise and evaluate the development of criminological thought;
 Map the connections between different strands of theoretical analysis about crime and
punishment;
Apply key tenets of criminological theory to analysis of the Irish criminal justice
system.
Teaching:
Assessment:
Lecturer:
3 hours of lectures in the 1st Semester
Essay (5,000 words) -33.33% Examination – 66.66% (1 x
2 hour paper)
Professor Ivana Bacik
Contemporary Issues in Law and Political Science: (LA3475) 5 ECTs
This module seeks to explore at an advanced level the complex-interrelationship between
the disciplines of Law and Political Science. It is aimed at Junior and Senior Sophister
students in the Law and Political Science Degree programme.
Each seminar will be based around a specific theme or set of themes of relevance to a
Contemporary Issue/Issues in the intersection of Law and Political Science. The classes will
be in a seminar-style format and will be led in the main by Guest Speakers who are expert in
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this area, for example, experienced Superior Court judges, former Attorneys General etc.
There will, in addition, be a number of seminars led by the Module Co-Ordinators in which
the class will have the opportunity to reflect upon the Guest Speakers’ presentations.
By way of examples of the type of contemporary issues to be addressed the module, it is
proposed that the first year of the module would include most if not all of the below themes:
1. The Constitutional Convention – Issues of Relevance from a Law and Political
Science Perspective
2. The Children’s Rights Amendment to the Constitution: Political and Legal Questions
3. Access to Justice Issues in a Legal and Political context
4. The Role of the Judge in a Modern Democracy
5. The Politics of the Economic Crisis: A Failure of Regulation?
6. Socio-Economic Rights in the Irish Courts: Legal and Political Themes in Case Law
7. Tribunals of Inquiry
8. Asylum and Immigration: The Role of the Courts
The nature of the skill-set being developed by this module is such that engaged and active
contribution to the round-table discussion is required. The aim of the teaching structure will
be for the Guest Lecturers to lead a discussion that will facilitate and prompt the effective
articulation of students’ own analyses and perspectives.
Materials
There is no core text book for this module. The reading list will encompass both critical and
doctrinal academic literature from the disciplines of Law and Political Science as well as
specific case studies that will form the basis of much of the critical analysis in the roundtable
discussions. For each seminar it is envisaged there will be one or two pieces of core reading.
This will consist of, for example, a leading judgment of relevance to a particular
contemporary issue or issues in Law and Political Science that will form the basis of the
discussion in class and/or a critical journal article on the topic. Students will be required to
complete this core reading in advance as it will form the basis of the discussion in class.
Learning Outcomes
Having successfully completed this module, students should be able to:




Formulate their own, critically aware, position on contemporary issues in Law and
Political Science;
Debate and discuss critically complex Legal and Political themes using sophisticated
analytical tools;
Display an ability to approach complex contemporary questions in an interdisciplinary
manner that unites the methodologies of both Law and Political Science;
Write coherently about the issues addressed in the module.
Teaching:
Assessment:
1 x 90 min seminar per week in the 2nd Semester.
The module will be examined by a 5,000 word essay. Students
are free to choose their own essay topic, subject to the approval
of the Module Co-ordinators. The topic should encompass the
critical approach and methodology of the module, although it
need not necessarily focus on any of the specific contemporary
issues explored at the round-table sessions.
Marks will be awarded for structure, clarity of argument and
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analysis as well as originality and insight. Students will be
expected to reference and cite in the usual manner.
Coordinator
Available
Professor Ivana Bacik and Dr. Jac Hayden
JS and SS Law and Political Science Students ONLY
Critical Perspectives on Law: (LA3474) 5 ECTS
Doctrinal approaches to law are generally based on certain assumptions about human
motivations and behaviour and the structure of society. Many of these grounding
assumptions are rooted heavily in particular socio-political ideologies, most commonly those
of 19th Century liberalism. Ideas about individual legal rights, justice and public policy have a
strong tendency to assume a level of equality of power and opportunity that is wholly absent
from the status quo in most developed economies.
The purpose of this module is to equip students to identify and critique the sacred cows of
legal doctrine. By examining social context, economic realities and power relationships, the
fallacies of many of the founding principles of core legal subjects will be deconstructed and
evaluated. Students may ultimately conclude that these founding principles are sound or
meritorious; however, whatever their conclusion, the process of critique and defence of
fundamental elements of the legal order adds significantly to students’ understanding of the
law.
The critique is primarily aimed at the core subjects that students will have studies during their
Freshman modules. This ensures that students have sufficient background material. These
subjects have also been chosen as they are the basis for the legal education of all
professional lawyers in the state in that they are also the core subjects of the FE1 exams and
the King’s Inns’ Diploma in Legal Studies.
Learning Outcomes:
At the end of this module, students should be able to:
 Identify and categorise political and ideological assumptions that have been
subsumed into legal doctrine

Describe and evaluate the appropriateness of grounding principles in the
contemporary socio-economic context

Differentiate the sectoral interest groups that benefit and do not benefit from the legal
status quo

Justify and defend principles with which they agree based on full evaluation of their
applicability in the practical legal context

Appraise the extent to which the existing corpus of Irish law serves its ostensible
goals.
Teaching:
Assessment:
Lecturers:
Restrictions:
1-2 hours of lectures per week in the 2nd Semester.
Essay – 100%
Dr. David Kenny and Dr. Alan Brady
Available places will be limited to 20. Please consult the Book
of Modules distributed by the School of Law
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Current Issues in Constitutional Law: (LA3477) (5 ECTS)
Current Issues in Constitutional Law is a skills based course, designed to promote critical
engagement by Sophister students with constitutional issues through close reading of major
cases. Such cases, and complementary academic materials, will serve as a vehicle for
exploring themes that run through constitutional law. The aim of this course is to deepen
students’ knowledge and legal skills in constitutional law.
This course will adopt the reading group format, which focuses on collective text analysis and
student-led discussion of principles, themes, and impacts of major constitutional decisions.
Students are assigned advanced reading, including cases and academic commentaries, with
one or two students chosen to deliver a springboard presentation each week, which will
catalyse a class discussion on the issues raised by the assigned readings. The lecturers will
act as facilitators, contributing opinions and posing questions to tease out additional issues
and deeper analysis, but will eschew the ordinary lecture format. Essential to this format is a
small group of students. As a result, student numbers will be capped at c. 20 students.
The key materials for the course will be prescribed decisions of the Irish Superior Courts, as
well as academic materials on Irish and comparative constitutional law. The course will
concentrate on topical issues, incorporating major developments in constitutional law on an
on-going basis.
The focus of the course will be on thorough individual reading of major cases and group
discussion and analysis, through which the class can collectively explore major themes in
constitutional law. The course will enhance students’ research abilities, their critical analysis
of legal materials, their legal writing, and their communication skills. It will challenge them to
think about constitutional law at both the detailed micro level of discrete problems and the
broader macro level of cross-cutting thematic issues.
Learning Outcomes:
Having taken this module, students should be able to:









Critically and contextually analyse in detail leading cases in Irish constitutional law;
Competently distil differing judicial positions in contentious judgments, and identify the
broader context of those positions;
Present complex constitutional law issues, and judicial reasoning relating to those
issues, in a clear and compelling manner;
Coordinate effectively with classmates in preparing presentations;
Discuss current constitutional law issues in their political and social context;
Critically analyse contextual issues in constitutional law on a thematic basis, tracking
trends and developments over time;
Make independent and original contributions to constitutional law discourse;
Develop an awareness of the political and broader practical implications of
constitutional litigation;
Understand the role of the constitutional litigant and litigator in legal practice.
Week-to-week, the course will be focused on particular themes. The following are illustrative
of the sort of themes that will be discussed, but these may be adapted to reflect the latest
developments and trends in the area, in particular new Superior Court decisions.



Social Policy and Rights; Distributive Justice
Group Rights
Enforcement of Rights, Remedies, Constitutional Lacunae
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




The Relationship Between Administrative Government and the Courts
Role of Interest Groups/ Oversight of Legislative Objectives
Trends in Court Jurisprudence - eras of the Court and shifting attitudes
New Issues in the Interpretation of Fundamental Rights
Constitutional Reform
The following are examples of how these themes will be explored.
Social Policy, Resources, and the Courts – The Distributive/Commutative Justice
Distinction
This session will critically assess the distinction between the roles of judges in the context of
distributive and commutative justice drawn by the Irish courts in decisions such as O’Reilly v
Limerick Corporation and Sinnott v Minister for Education. It will do so by exploring a reverse
version of the usual question (namely when the courts will require redistribution of resources
to vindicate fundamental rights) asking instead when, if ever, courts will intervene to prevent
legislatively mandated redistribution of resources. To that end, the session will focus on the
decision of the Irish Supreme Court in Re Article 26 and the Employment Equality Bill 1998.
We will consider what, if anything, that decision tells us about the judiciary’s self-perception
of its role in reviewing social policy that has resource implications, and what that in turn might
tell us about the consistency of the courts’ approach to socio-economic rights claims. These
issues are particularly acute in the current political context, given the controversies
surrounding austerity and social justice.
The Relationship Between Administrative Governance and the Courts
Increasingly, individual rights are affected by administrative decision-making as much, if not
more than, legislative decision-making. Much of the substance of rights-definition and rightsenforcement takes place not in the Superior Courts, but rather in the often unnoticed and
underexplored administrative sphere. Consequently, the relationship between the courts and
administrative bodies, and the level of control that the courts exert over administrative
decision-making, has significant implications for the level of protection of individual rights in
modern society. This session will explore the current state of play in that relationship in the
Irish context, using as its starting point the decision of the Supreme Court in Meadows v
Minister for Justice. It will look at whether or not Irish Constitutional and Administrative law
has unduly prioritised process protections, and abdicated any responsibility for the defence
of substantive entitlements.
The Role of Interest Groups, Economic Crisis, and Legislative Freedom
This session considers two related themes in the context of the Supreme Court decision in
Re Article 26 and the Health (Amendment) (No 2) Bill 2004: first, the role and position of
minority interest groups in the legislative process, and in judicial review; and second, the
influence, if any, that economic circumstances and implications should have on constitutional
adjudication. Judges have potentially two roles in relation to the role of interest groups in
politics, and in constitutional litigation: first; through their decisions they can advertently or
inadvertently affect the relative power of interest groups and second; they themselves may
bring to the judicial process interests that colour their decision-making. They do so against
the backdrop of evolving adverse economic conditions, which bring with them increased
interest group activism and heightened complexity in judicial review of legislation with
financial implications for interest groups. This session will consider these themes in the
context of the legal manifestation of various aspects of Ireland’s austerity programme.
Constitutional Reform
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Constitutional reform is a live issue in Irish society, and raises a variety of questions for
constitutional law. The role of constitutional lawyers in political constitutional reforms is
contested and difficult, in particular in drawing the line between expertise-based contributions
and political contributions to reform discourse. The practical mechanisms for constitutional
reform are also a topic of contemporary debate, with the introduction of popular structures
such as The Constitutional Convention; increasingly high profile Oireachtas committee
hearings on constitutional issues; and debates around the merits of popular initiative for
constitutional amendments. In addition, there appears to be renewed judicial willingness to
engage in oversight of the referendum process in the wake of the McCrystal case, which
raises questions concerning the proper scope of judicial intervention in democratic decisionmaking.
Teaching:
Assessment:
1-2 hours of lectures per week in the 1st Semester.
Assessment will take the form of three response papers, each to be
1500 words in length, which can be submitted on any topics of the
students’ choice (subject to lecturer approval) that respond to the
themes raised in any of the sessions of the course. The timing for
submission of each paper will be confirmed with students at the outset
of the course, but will be staggered through the semester. Each of
these papers will count for 30% of the overall grade.
In addition, ten percent will be awarded for the students’ springboard
presentations, which will be assessed for clarity, depth of analysis,
and engagement with broader course themes.
Lecturers:
Restrictions:
Prerequisites:
Mr. David Kenny and Dr. Rachael Walsh
Places limited to 20.
None, students are advised that completing
Constitutional Law II would be an advantage.
Places will be restricted to 20.
Current Issues in the Legal Profession: (LA4010) (5 ECTS)
This course, which forms part of the Clinical Legal Education Programme, seeks to develop
students’ understanding of critical issues facing the legal profession in Ireland today. The
Irish legal profession is currently undergoing an important process of transition if not
transformation. Yet, despite its importance for future law graduates and legal professionals,
this process largely escapes scrutiny in the course of students’ academic and professional
training.
The course will begin by examining the role of the legal profession in society and the
economy and, in particular, will analyse the effect of globalisation and the current economic
crisis on the legal profession in Ireland. It will then examine some of the following issues in
detail: regulation of the legal profession; reform of professional structures; current issues in
professional ethics; costs and access to justice; delay, court structures and the
administration of justice; public procurement of legal services; the role of ADR; the effects of
technology on the legal profession; the role of women in the legal profession. Expert guests
speakers may be invited to contribute to the discussion where appropriate.
This course will allow students to develop an in-depth knowledge and understanding of the
Irish legal profession and will thereby contribute to students’ academic and professional
formation. Having taken the course, students will be more informed and articulate about
issues facing the legal profession as they approach graduation.
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Learning Outcomes
Having successfully completed this module, students should be able to:







Understand the role and structure of the legal profession in society and the economy,
in Ireland and internationally;
Critically analyse current issues affecting the legal profession in Ireland and
internationally;
Discuss and debate topical issues facing the Irish legal profession and the Irish legal
system;
Understand the diverse perspectives of legal professionals, legislators, litigants and
other actors in the legal system on these topical issues;
Conduct effective research on the legal profession, including from a comparative,
policy and/or interdisciplinary perspective where appropriate;
Apply their knowledge and understanding to these issues as they arise in legal
practice;
Contribute to discussion and debates on the future of the legal profession.
Teaching:
1-2 hours of lectures per week in the 2nd Semester.
Coursework (Presentation and Assignment)
Assessment:
Lecturer:
Dr. David Fennelly
Employment Law: (LA3430) 10 ECTS
This module offers a thorough overview of employment law in Ireland, introducing students
both to the variety of overlapping sources of employment law and to the multiplicity of
different fora in which employment disputes may be adjudicated upon in addition to (and
including) the civil courts. It analyses the nature of the employment relationship, the contract
of employment, and atypical types of employment status including agency workers, part-time
workers and fixed term workers. A thorough analysis is undertaken of employers’ statutory
and common law obligations to their employees, including the study of emerging causes of
action such as the liability of employers for workplace harassment, bullying and stress, and
the potential for vicarious liability being imposed upon employers for wrongs committed by
their employees. Employment equality law also receives detailed treatment in this module, as
does the termination of employment under both common law and statute. The module
concludes with a detailed analysis of remedies in employment law, with special emphasis on
the distinctive body of law that continues to grow in the context of employment injunctions.
Learning Outcomes:
Having successfully completed this module, students should be able to:




Identify and analyse the relationship between the different sources of Irish
employment law and the various fora in which employment disputes are litigated;
Appraise and evaluate the substantive legal principles in a number of distinct areas of
employment law;
Identify and evaluate the range of remedies available in employment litigation;
Apply critical analysis and problem-solving skills and techniques to different essay and
problem-based employment law questions.
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Teaching:
Assessment:
Lecturers:
3 hours of lectures per week and additional seminars
in the 1st Semester.
Examination - 100% (1 x 2 hour paper)
Dr. Neville Cox and Dr. Des Ryan
Economic and Legal Aspects of Competition Policy10: (LA3452) 10 ECTS
The object of this inter-disciplinary course is to allow students to gain a good understanding
of key legal and economic policies underlying EU competition law. The course engages with
the competition law rules which prohibit competitors from entering into anti-competitive
agreements and which prevent dominant market players from abusing their dominant
position at the expense of weaker competitors. The course is examined by final exam (80%)
and by a project (20%). Students have a choice of completing the project in either a law or
economics-related area of competition policy.
The course begins by explaining key legal and economic concepts which are central to
Competition policy. The introductory lectures also focus on the impact of Competition law in a
business context and on the extra-territorial impact of the EU Competition regime. It goes on
to cover areas such as the prohibition on anti-competitive agreements (including cartels) in
Article 101 TFEU and the prohibition on abuse of a dominant position in Article 102 TFEU.
The course also examines the public enforcement by the European Commission and the
national competition authorities of EU Competition law (under Council Regulation 1/2003).
Recommended introductory reading: Goyder’s EC Competition Law (5th edition, Oxford
University Press, 2009) and Jones and Sufrin, EU Competition Law (Oxford University
Press, 4th edition, 2011).
Learning Outcomes:
Having successfully completed this module, students should be able to:





Identify, evaluate and critique the key legal and economic principles underlying
competition policy
Locate competition policy within national and EU legal and economic contexts
Understand the salient elements of the principles governing anti-competitive
agreements and practices, and market abuses perpetrated by dominant players
Apply critical analysis and problem-solving skills and techniques to different essay
topics and seminar questions based on material covered in the module
Map the relationship between competition policy and the business world, as well as
understanding how the effective implementation of such a policy can reap major
benefits for consumers in the marketplace
Teaching:
Assessment:
Lecturers:
3 hours of lectures per week and additional seminars in the 1st
Semester
(Examination 1 x 2 hour paper)
Mr. Alex Schuster and Dr. Fran O'Toole (Economics)
English Land Law: (LA3471) 10 ECTS This module grounds students in the major principles of English land law, with particular
attention paid to those areas where English land law differs from Irish land law. It builds upon
10
This module is available as a year long 15 ECTS module for SS Law and Business students.
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the foundational work done in Land Law by deepening students conceptual understanding of
property as an institution, and of the competing policy goals that affect its development,
particularly through statutory reform. It also seeks to improve students’ critical understanding
of land law, and in particular of the interface between public and private law in the context of
land.
The course begins with an exploration of the foundational aspects of English land law. It
considers the historical evolution of English land law, the impact of equity, and the
understanding of ownership that it instantiates. In particular, the boundary between property
rights and personal rights is critically assessed, and relativity of title in English land law is
explored through the prism of the law of finders.
The course then addresses the various estates in land recognised in English law and their
key incidents, including detailed study of the leasehold estate and the option of holding
freehold estates as commonhold, under the Commonhold and Leasehold Reform Act 2002.
The law relating to trusts and co-ownership is explored, particularly the changes introduced
by Trusts of Land and Appointment of Trustees Act 1996. The course then turns to consider
the law relating to mortgages, easements and covenants, and the doctrine of adverse
possession.
A central focus throughout is the land registration system in England, and the priority rules
arising out of that registration system. Students will be continuously exposed to the
consequences of registration for dealings in relation to land, and to the divergent rules that
apply to registered and unregistered estates and interests in land in the various topics
covered in the course. The impact of e-conveyancing on these rules will also be considered.
Finally, the impact of the Human Rights Act 1998 on English land law will be analysed in
detail. The course will address the Act itself, the debate about impact that it generated
amongst academics, and the evolving jurisprudence on the human rights implications of land
law emanating from the courts in Strasbourg and England. In particular, the interaction
between European human rights principles and English private law principles, and the
dialogue it has prompted between the European Court of Human Rights and the English
Supreme Court, will be critically assessed.
Learning Outcomes:
Having successfully completed this module, students should be able to:
 Deconstruct reforms in English land law to understand their policy goals and their
strengths/weaknesses in achieving such goals;
 Identify and assess the principal differences between English and Irish land law;
 Apply the rules of English land law to solve complex problems in relation to both
registered and unregistered land;
 Analyse the pros and cons of a comprehensive land registration system and evaluate
its impact on dealings with land;
 Locate the rules of English land law within domestic and international human rights
contexts;
 Identify and evaluate the range of remedies available in land law disputes;
 Apply critical analysis and problem-solving skills and techniques to different essay and
problem based exam questions on English land law.
Teaching:
Assessment:
Lecturer:
3 hours of lectures per week and additional seminars in the 2 nd
semester
Examination (1 x 2 hour paper). Other modes to be confirmed in lecture
Dr. Rachael Walsh
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Restrictions:
Students taking this module may not take
International Human Rights (LA3428)
European Human Rights Law: (LA3436) 10 ECTS
This course is divided in two parts. The first part of the course will focus on the regional
human rights regime established by European Convention on Human Rights and
Fundamental Freedoms. In addition to a general discussion of practice and procedure under
the ECHR, case law concerning substantive rights, such as the prohibition against torture
and inhuman or degrading treatment or punishment, the right to respect for private and family
life, the right to freedom of religion, and the right to freedom of expression, will be analysed
in-depth. In the second part of the course, specific questions related to the protection of
human rights in Europe will be addressed, such as protection of socio-economic rights and
protection of human rights in the context of terrorism. This part of the course will draw upon
experience outside Europe to analyse European responses.
Learning Outcomes:
Having successfully completed this module, students should be able to:
 Conduct effective and targeted research in case law and academic legal commentary
regarding the protection of human rights pursuant to the European Convention on
Human Rights;
 Identify, evaluate and critique the evolution of human rights pursuant to the European
Convention on Human Rights;
 Discuss and debate the moral, theoretical and ethical assumptions underpinning
human rights;
 Apply the law and theory of human rights to concrete practical problems and to the
challenge of ensuring effective implementation and protection of human rights.
Teaching:
Assessment:
Lecturer:
Restrictions:
3 hours of lectures per week in the 2nd Semester.
Examination 100% (1 x 2 hour paper)
Dr. Catherine Donnelly
Students taking this module may not take
Child law (LA3442) or Tax Law (LA3468)
Evidence: (LA3458) 10 ECTS
This module is designed to provide Sophister students with a foundation in the law of
evidence in Ireland with particular emphasis on criminal evidence and procedure. Topics
covered include: the examination of witnesses, evidentiary privileges and confession
evidence. The influence of the Constitution and the European Convention on Human Rights
in shaping the law of evidence is a theme running through the module.
Learning Outcomes:
Having successfully completed this module, students should be able to:




Outline the role of evidence in the trial process;
Identify and evaluate the different forms of evidence and the manner in which they are
gathered and presented;
Conduct effective research on the law of evidence at national and international levels;
Locate the law of evidence within constitutional and human rights contexts;
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


Identify and critically analyse evidentiary concepts, doctrines and rules both orally and
in writing;
Apply evidentiary concepts, doctrines and rules in practical settings to resolve
hypothetical fact scenarios;
Discuss and debate different perspectives on evidentiary law and policy and formulate
proposals for reform.
Teaching:
Assessment:
Lecturer:
3 hours of lectures per week and additional seminars in the
1st Semester
Examination - 100% (1 x 2 hour paper)
Professor Liz Heffernan
Family Law: (LA3459) 10 ECTS
This course is designed to give the student an understanding of the basic principles and
procedures which apply in the context of Family law, as well as an awareness of the social
context of the subject. Policies underlying family law are analysed, the effectiveness of
present procedures is assessed, and the relationship between traditional legal remedies and
other forms of social support is examined. Topics covered include formation of marriage,
nullity, judicial separation, divorce, family property and maintenance. Domestic violence, the
rights of cohabitees, and related social issues, such as social welfare and family support
systems, will also be considered.
Learning Outcomes:
Having successfully completed this module, students should be able to:
 Identify and evaluate the law relating to families in Ireland in the light of the
Constitution, the domestic legal framework as well as international human rights law.
 Debate and discuss the policy which shapes and informs family law in Ireland.
 Apply critical analysis and problem-solving skills and techniques to different essay and
problem-based family law questions.
Teaching:
Assessment:
Lecturer:
Restrictions:
3 hours of lectures per week in the 1st Semester.
Examination - 100% (1 x 2 hour paper)
Ms. Patricia Brazil
Students taking this module may not take Advanced EU Law
(LA3444) and Administrative Law (LA1233)
Intellectual Property Law: (LA3460) 10 ECTS
The law of intellectual property is concerned with the legal regulation of the way in which
ideas, innovation and artistic endeavour are protected and commercially exploited. In
particular it deals with the law relating to patents, trade marks, passing off, copyright,
registered designs, plant varieties, trade secrets and confidential information. It also
examines the social and economic justifications for such rights. The course presents an
account of the Irish law relating to these matters, as well as a survey of Ireland’s international
obligations in this field.
Learning Outcomes:
Students successfully completing this module should be able to:
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



Identify and analyse the legal regulation of the way in which ideas, innovation and
artistic endeavour are protected and commercially exploited.
Understand the law relating to patents, trade marks, passing off, copyright, registered
designs, plant varieties, trade secrets and confidential information.
Appraise and evaluate the social and economic justifications for such rights.
Evaluate Ireland’s international obligations in this field.
Teaching:
Assessment:
Lecturer:
3 hours of lectures per week in the 2nd Semester
Examination - 100% (1 x 2 hour paper)
Mr. Paul Coughlan
International Human Rights: (LA3428) 10 ECTS
This course examines the foundations and development of international human rights law. It
considers the historical, political and legal context from which the current framework for
human rights has emerged and analyses the international and regional instruments and
mechanisms for monitoring and enforcing human rights. Select case studies explore the
complex interplay between law and policy and the role of international and national actors in
responding to human rights violations. Lectures will highlight the central debates
surrounding, and shaping, the evolution of international human rights norms, legal
instruments and state and non-governmental practices, as well as the current trends and
challenges in advancing human rights protection in a diverse and dynamic community of
nations.
Learning Outcomes:
Having successfully completed this module, students should be able to:
 Identify and describe the essential characteristics of the international human rights
regime;
 Debate different theoretical and cultural perspectives on the foundations of
international human rights;
 Discuss and evaluate the interaction between different international mechanisms for
the enforcement of human rights;
 Apply concepts, doctrines and rules to practical human rights challenges to resolve
hypothetical fact scenarios;
 Successfully complete substantial independent research into a particular aspect of
international human rights.
Teaching:
Assessment:
Lecturer:
Restrictions:
3 hours of lectures per week and additional seminars
in the 2nd Semester
Examination - 100% (1 x 2 hour paper)
Dr. Rosemary Byrne
Students taking this module may not take English Land Law
(LA3472)
Jurisprudence: (LA3463) 10 ECTS The primary objective of this module is to facilitate students in the formulation of their own,
critically aware, understanding of law and legal argument. By the end of the module, students
should be able to articulate a reasoned position on the role that rules and principles play in
the law, on the relevance of morality in legal argument and on the function that legal
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argument plays in legitimating the law and, by extension, the social order. The socratic
method is used and students must read all the assigned material before each class. Among
the theorists covered are HLA Hart, Dworkin, Fuller, Raz and Finnis.
Learning Outcomes:
Having successfully completed this module, students should be able to:






Formulate their own, critically aware, position on jurisprudential issues;
Read primary texts of a philosophical character;
Map out the various connections between law and morality;
Appraise critically the contributions to legal thought of the theorists covered during the
module;
Identify connections between jurisprudential theories and legal doctrinal issues;
Write coherently about the theorists addressed in the course.
Teaching:
Assessment:
Lecturer:
3 hours of lectures per week and additional seminars in the 1st
Semester.
Webcourse participation - 5%, Essay - 20% and Examination 75%
(1 x 2 hour paper)
Professor Oran Doyle
Legal Philosophy: (LA3441) 5 ECTS
This is an advanced module which may only be undertaken by students who have already
completed jurisprudence. The module takes a thematic approach to legal philosophy. Among
the themes which may be addressed are the following: the Rule of Law; the role of morality in
the identification of law; the role of morality in legal interpretation; constitutionalism and
democracy; conceptions of justice. There is a heavy emphasis on coursework and active
participation in the classes.
Learning Outcomes:
Having successfully completed this module, students should be able to:






Formulate their own, critically aware, position on issues of legal philosophy;
Read primary texts of a philosophical character;
Appraise the value of the rule of the law;
Map out the boundaries of legal positivism and natural law theory
Identify in what circumstances (if any) a person is under an obligation to obey the law;
Write coherently about the issues addressed in the course.
Teaching:
Assessment:
Lecturer:
Prerequisites:
Restrictions:
1½ hours of lectures per in the 2nd Semester.
Class Participation - 20%, Essay (5,000 words) - 80%
Professor Oran Doyle and Dr. David Prendergast
Students who have completed a jurisprudence module in
another university should consult with the course lecturers to
ascertain for themselves whether this module is appropriate for
them
Students taking this module may not take
EU Law (LA2346) or Tax Law (LA3468)
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Medical Law and Ethics: (LA3479) 10 ECTS
Medical Law and Ethics will give students the opportunity to tackle contemporary legal issues
in medicine and healthcare. The module will deal both with the black-letter law that governs
medical practice and with the broader philosophical, ethical and social questions that are
raised by medical advances. Students will be guided through the range of legal and quasilegal instruments that regulate medical practice, including the Constitution, Tort Law, and
professional guidelines, and encouraged to consider the advantages and disadvantages of
these regulatory tools.
As well as providing students with a thorough grasp of Irish Law, the module will be
substantially comparative in nature. Comparative legal study will be especially valuable on
topics that are unregulated, or under-regulated by Irish Law. This module aims both to
prepare students for practice in the field of medical law, and to encourage critical thinking
and exploration of the theoretical challenges presented by the subject.
Learning Outcomes
Upon successful completion of this module, students should be able to:






Accurately describe and apply law to novel situations that arise in medical practice.
Explain medical technologies and procedures to a non-specialist audience.
Debate ethical and philosophical issues that arise in healthcare in a thorough but
sensitive manner, while responding to questions and comments.
Identify the principles, values and rights at play in medical practice.
Situate Irish law in the international context and draw relevant comparisons between
schemes of regulation in different jurisdictions.
Research and write on complex medico-legal topics.
Topics Covered:
The following topics will be among those covered in the module. The number of topics will be
increased or decreased depending on whether a 5 or 10-credit format is chosen.

The Relationship between Law, Ethics and Medicine.

Medical Negligence

Informed Consent to Treatment

Principles of Ethical Clinical Research

End-of-Life Decision Making

The Rationing of Scarce Resources in Public Healthcare Provision

Abortion and Maternal-Foetal Conflict

Assisted Reproduction
Sample Reading Materials
Jackson, Medical Law: Text, Cases and Materials (2nd ed, OUP 2010)
Madden, Medicine, Ethics and the Law (2nd ed., Bloomsbury, 2011)
Craven and Binchy, Medical Negligence Litigation: Emerging Issues (First Law, 2008)
Kuhse and Singer eds., Bioethics – An Anthology (2nd ed. Blackwell, 2006)
Ronald Dworkin, Life’s Dominion, (Harper Collins, 1993)
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J. Harris “The Right to Die Lives: There is no Personhood Paradox” [2005]
Medical Law Review 386
Thomson, J.J. ‘A Defense of Abortion’ Philosophy and Public Affairs (1971) 1
I. Glenn Cohen, “The Right Not to be a Genetic Parent?” (2007–2008) 81
11 Southern California Law Review 1115
John Robertson, Children of Choice, (1994, Princeton University Press)
Teaching:
3 hours of seminars in the 2nd Semester.
Students will be required to read certain materials ahead of
class. To this end, the reading list will be divided into
required reading and further reading. Students will be
expected to analyse the topics in class, and to participate in
class discussions. As well as using traditional legal materials
the course will draw on relevant work from the fields of
science, philosophy, sociology and politics.
Assessment:
Lecturer:
Restrictions:
Examination (1 x 2 hours) – 80%, Essay (5,000 words) 20%
Ms Andrea Mulligan BL
Students taking this module may not take
Conflict of Laws (LA3448)
Penology: (LA3470) 5 ECTS
Penology involves the study of how the state punishes those who have been convicted of
offences. The subject covers the interlocking issues of sentencing, prison and non-custodial
punishments. The overarching theme of the module is the use of state power against
individuals who are deemed to have violated society’s norms. The module will equip students
to take an in-depth look at the penal system and evaluate why when and how and it is
legitimate for the state to punish its citizens. The module will take a practical look at the
bureaucracy of punishment, in particular sentencing courts and prisons. Students will
examine the contemporary problems with these institutions and evaluate the ongoing penal
reform agenda. Penology involves a broad inter-disciplinary approach which includes
aspects of sociology, political theory and philosophy as well as law. It is closely related to
criminology, and is in some ways a sub-set of criminology. Students are not required to take
the first semester module in criminology, however, penology and criminology are natural
partner-courses and students who study both will find that they inform one another.
Learning Outcomes:
Upon successfully completing this module, students should be able to:





Critically appraise social and political ideas relating to state punishment of offenders
Construct well-sourced arguments relating to sentencing and prison using a broad
inter-disciplinary social sciences approach
Analyse and evaluate the workings of the Irish penal system
Apply a research-based social sciences approach to the phenomenon of state
punishment.
Identify, describe and evaluate proposals for reform of the Irish penal system.
Teaching:
Assessment:
1½ hours of lectures per week in the 2nd Semester.
Essay - 100%
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Lecturer:
Professor Ivana Bacik
Public Interest Law: (LA3435) 10 ECTS
Public Interest Law can be defined as 'the use of litigation and public advocacy to advance
the cause of minority or disadvantaged groups and individuals.' The course examines the
use of litigation to promote social inclusion. In Part A, we consider the definition and history
of Public Interest Law and the issue of access to legal services; In Part B, we consider a
number of issues relating specifically to the use of litigation, namely, the constitutional and
political legitimacy of public interest litigation; the implications of Public Interest Law for court
practice and procedures; and the merits and demerits of litigation strategy. In Part C, we
consider selected areas of substantive law such as social welfare law, Travellers' rights, and
children's rights in an evaluation of the role of the Irish courts in promoting social inclusion.
Learning Outcomes:
Having successfully completed this module, students should be able to:




Critically assess how the legal system may promote social and political reform, having
regard, in particular, to the relationship between the political and legal systems;
Describe how the Irish courts have dealt with legal claims pursued by people with
learning difficulties, children from dysfunctional families, members of the Traveller
community and social welfare claimants;
Describe the different models for delivering legal services to marginalised
communities and the different types of service provided;
Conduct research into substantive and adjectival areas of the law relating to social
exclusion.
Teaching:
Assessment:
Lecturer:
Restrictions:
3 hours of lectures per week in the 1st Semester
Essay (4,000) – 25% and Examination – 75% (1 x 2 hour paper)
Professor Gerry Whyte
Students taking this module may not take Sports Law (LA3467)
Public International Law: (LA3439) 10 ECTS
This course aims to provide students with a strong foundation in the legal principles, norms
and rules that govern the legal interactions between States in a transforming global order.
Among the areas covered are: the nature, sources and subjects of international law;
customary and treaty law; state responsibility; jurisdiction and immunities; the use of force;
humanitarian law; and international criminal justice. Students will critically apply acquired
international legal skills to analyse many contemporary issues, including those related to the
Good Friday Agreement, Guantanamo, Iraq, Afghanistan, the Balkans, Rwanda and Darfur.
Learning Outcomes:
Having successfully completed this module, students should be able to:




Identify and describe the essential characteristics of the international legal system;
Debate different theoretical perspectives on international law;
Discuss and evaluate the interaction between international law and national law;
Identify and critically analyse substantive rules in international fields such as criminal
jurisdiction, the use of force and the law of the sea;
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

Apply concepts, doctrines and rules in practical international settings to resolve
hypothetical fact scenarios;
Successfully complete substantial independent research into a particular aspect of
international law.
Teaching:
Assessment:
Lecturer:
3 hours of lectures per week and additional seminars in the
1st Semester
Examination - 100% (1 x 2 hour paper)
Dr. Rosemary Byrne
Sports Law: (LA3467) 10 ECTS
This course looks at legal aspects of sport. It includes analysis of the sporting structure in
Ireland, including the question of whether judicial review actions might lie against sporting
bodies. Among the other issues covered by the course are challenges to decisions of
governing bodies such as the GAA and the FAI, competition rules, EU rules on free
movement of sportspersons and freedom to provide sporting services, players contracts,
stadium and occupier liability issues including control of hooliganism, civil and criminal
liability arising on the field of play, drugs in sport, equality issues, issues pertaining to
television coverage of sporting events, product liability, and
marketing/merchandising/intellectual property issues.
Learning Outcomes:
Having successfully completed this module, students should be able to:
 Critically assess how the law regulates the relationship between athletes and
governing bodies;
 Critically assess how the law regulates the business aspects of sport
 Possess an advanced understanding of how EU law affects the business of sport
 Critically assess how the law regulates activities on the field of play
 Apply critical analysis and problem-solving skills and techniques to different essay and
problem questions based on material covered in the module;
 Conduct research into the law regulating the relationship between sport and the law.
Recommended reference text: Lewis and Taylor, Sport: Law and Practice (Tottle
Publishing, West Sussex 2008).
Teaching:
Assessment:
Lecturer:
Restrictions:
3 hours of lectures per week in the 1st Semester.
Examination - 100% (1 x 2 hour paper)
Dr. Neville Cox
Students taking this module may not take Public
Interest law (LA3439)
Tax Law: (LA3468) 10 ECTS
This module considers the sources of Irish tax law and the increasing impact of Community
law obligations upon domestic law in the context of both direct and indirect taxes. The
module also considers international tax issues and the question of jurisdiction to impose
taxation. The module goes on to consider the administrative framework pertaining to
domestic taxation and the question of appeals. The module examines key concepts of
domestic tax law with particular reference to income tax.
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Learning Outcomes:






Having successfully completed this module, students should be able to:
Identify and discuss the sources of Irish tax law;
Critically evaluate the impact of Community law obligations on domestic tax law;
Discuss international tax law issues and the jurisdiction of the State to impose
taxation;
Identify and discuss taxpayers’ rights of appeal;
Discuss and apply key concepts of domestic tax law with reference to specific fact
scenarios.
Teaching:
Assessment:
Lecturer:
Restrictions:
3 hours of lectures per week in the 2nd Semester
Examination - 100% (1 x 2 hour paper)
Mr. Niall O'Hanlon
Students taking this module may not take
Child Law (LA3442), European Human Rights Law (LA3436) or
EU Law (LA2346)
Research Dissertation: (LA3451) (Senior Sophister Option) 10 ECTS
Senior sophister students may choose to complete a research dissertation under the
supervision of a member of the Law School staff. The subject of the dissertation may be
chosen by the student but must be approved by the Director of the LL.B. Dissertation
programme. The aim of this option is to encourage students to engage in largely self-directed
research and writing leading to the completion of an analytical and critical piece of research.
The maximum word limit is 13,000 words. Dissertations must be submitted by the end of the
first week in Hilary Term.
Learning Outcomes:
Having completed this module, students should be able to:
 Complete a substantial dissertation based on independent, largely self directed
research;
 Work effectively under the guidance of a research supervisor;
 Conduct effective and targeted research of the full range of primary and secondary
legal sources on a particular topic;
 Critically assess in writing legal theories, concepts and doctrines;
 Discuss and critique in writing different perspectives on law and policy;
 Determine the scope and structure of a research project and establish a viable
research plan;
 Identify, discuss and debate various research methodologies;
 Incorporate comparative and multidisciplinary perspectives where appropriate.
Assessment:
Coordinator:
Dissertation, submitted by the first Friday of teaching week
in the 2nd Semester
Dr. Caoimhin MacMaolain
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FRENCH LAW MODULES
(AVAILABLE TO LAW AND FRENCH STUDENTS ONLY)
French Constitutional Law I – Constitutional History and Theory: LA1022 5 ECTS
This module provides students’ first introduction to French constitutional law. It equips
students with the theoretical framework which will subsequently enable them to understand
and analyse the choices made in contemporary French constitutional law. This first module
introduces key terms, concepts and ideas relating to constitutional law and constitutionalism.
Key ideas addressed include the separation of powers, democracy, rule of law, the hierarchy
of norms and the legitimacy of power. These concepts are examined in the light of French
constitutional history, beginning with the insights of influential enlightenment philosophers
prior to the French Revolution. The module traces and evaluates France’s remarkable
pattern of experimentation with different approaches to constitutional law, from the end of the
Ancien Régime to the beginning of the Fifth Republic, in order to allow students to evaluate
the practical application as well as the theoretical merits of the philosophical ideas discussed.
The module is taught through French in an interactive classroom setting of approximately 18
students. Students are expected actively to participate in class as well as completing
homeworks as set, conducting independent study and completing assignments.
Learning Outcomes:
Having successfully completed this module, students should be able to:









Identify and explain the key ideas and principles which inform constitutional law
Relate the constitutional choices made by different French regimes to the ideas
and values underpinning them
Critically assess and debate constitutional ideas and approaches in the light of
both constitutional theory and their historical evolution in France
Comprehend and summarise law lectures delivered through French
Develop and use French legal vocabulary appropriately
Apply French language skills to participate in oral class discussion of
constitutional law and theory
Locate, understand and synthesise relevant materials available in course
materials, online and in textbooks in the library
Research and write short original assignments in French on French
constitutional history and thought
Incorporate comparative law perspectives and perspectives relating to French
society and the French legal system with analysis of French constitutional
history
Teaching:
2 hours of lectures per week in Michaelmas Term
Assessment:
1 hour examination (50%) and individual essay (50%)
Lecturer:
Dr. Niamh Connolly
French Constitutional Law II – The Fifth Republic: (LA1021) 5 ECTS
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This module involves a detailed study of modern French constitutional law under the Fifth
Republic. It explores and analyses the rules established by the Constitution of 1958 as
manifestations of the major choices and themes of substantive French Constitutional law.
Particular attention is paid to the specificities of the current French constitutional regime.
Specific topics include the fundamental principles of the Fifth Republic, the organs of
government, the legislative process, the revision of the constitution and the constitutionality
of laws. Important themes such as the separation of powers, the nature of democracy and
the hierarchy of norms, first introduced in French Constitutional Law I, are applied to the
analysis of the Fifth Republic in French Constitutional Law II. Building on the conceptual
understanding developed in the previous module, this module furnishes students with an
understanding of contemporary French public law in preparation for their Junior Sophister
year at a French university.
The module is taught through French in an interactive classroom setting of approximately 18
students. Students are expected actively to participate in class as well as completing
homeworks as set, conducting independent study and completing assignments.
Learning Outcomes:
Having successfully completed this module, students should be able to:









Identify and explain the key principles and rules of modern French
constitutional law under the Fifth Republic
Make connections between different specific constitutional rules and larger
theoretical issues and themes
Critically assess and debate current constitutional rules, choices and principles
in the light of constitutional theory and their historical evolution
Compare and contrast the constitutional law of the Fifth Republic with other
constitutional systems existing in history or in other jurisdictions
Apply French language skills to participate in oral class discussion of
substantive French constitutional law
Comprehend and summarise law lectures delivered through French
Develop and use French legal vocabulary appropriately
Investigate topics in French constitutional law, including using the French law
textbooks available in the library to research specific questions
Incorporate comparative law perspectives and perspectives relating to French
society and the French legal system to analysis of contemporary French
constitutional law
Teaching:
2 hours of lectures in Hilary Term
Assessment:
1 hour written examination (50%) and individual oral presentation
(50%)
Lecturer:
Dr. Niamh Connolly
French Legal System (LA1018) (5 ECTS)
This module, taught through French, introduces Law and French students to the French legal
system and its specificities. It addresses theoretical questions as to the French conception of
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law, as well as more practical topics such as the branches of law, sources of law, the role of
the judge and the authority of legal decisions, the courts structure, the legal profession, the
trial and proof.
Learning Outcomes:
Having successfully completed this module, students should be able to:







Comprehend and summarise law lectures delivered through French
Use relevant legal terminology appropriately
Participate in discussions relating to the French legal system through French
Identify and explain the key principles and rules governing the French legal
system
Critically assess the principles underpinning the French legal system
Discuss and debate topical legal issues
Compare and contrast the French and Irish legal systems
Teaching:
90 mins of lectures per week in HT
Assessment:
Continuous Assessment (30%: MCQ and short answer questions)
and Examination (70%: Oral exam)
Lecturer:
Mr Julien Sterck
French Civil Law I – Foundations of Private law (LA1207) 5 ECTS:
This module introduces students to the study of French private law, concentrating in
particular on the French Civil Code. It is designed both to deepen students’ understanding of
the French legal system and to equip participants with the foundation of knowledge and skills
necessary for the study of French private law during their Junior Sophister year in France.
The module explores the principles underpinning the French legal system, including topics
such as the Civil Code in historical context, codification, sources of law and the fundamental
principles reflected in the Code. The module also features an introduction to French property
law, including the classification of property, the nature and extent of ownership, possession,
the acquisition of property and legal remedies to defend property rights.
This module is taught through French in an interactive classroom setting of approximately 18
students. Students are expected actively to participate in class as well as completing
homeworks as set, conducting independent study and completing assignments.
Learning Outcomes:
Having successfully completed this module, students should be able to:




Identify and explain the key principles and rules underpinning modern French
civil law
Explain the principles and philosophies which influence these legal rules
Outline the historical context for codification in France
Engage in a sophisticated discussion of civilian legal systems
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












Critically analyse and evaluate the French Civil Code
Evaluate the importance of other sources of law in French private law
Identify, explain and apply relevant provisions of the French Civil Code
Read and understand French legal decisions on civil law topics
Use the French Civil Code and case law to discover the legal rules applicable
to particular questions
Employ problem-solving skills to apply the rules and principles of French civil
law to practical problems
Incorporate comparative law perspectives where appropriate to analysis of
French civil law
Discuss the distinctive features of French private law in light of French society,
the French legal system and French constitutional thought
Comprehend and summarise lectures on private law topics delivered through
French
Apply language skills to communicate clearly and effectively about French civil
law in oral discussions and presentations and written assignments
Conduct independent research on French civil law, using both primary and
secondary materials available in the library and online
Develop and structure original legal analysis
Work in a team on a group research assignment
Teaching:
2 hours of lectures in Michaelmas Term
Assessment:
1 hour examination (70%) and group project assignment (30%)
Lecturer:
Dr. Niamh Connolly
French Civil Law II – Law of Obligations: (LA1209) 5 ECTS
This module follows on from students’ study of the Civil Code in Michaelmas Term and
engages in depth with the law of obligations in France. It engages with both the theory and
principles which underpin the law of obligations and the specific rules through which these
values find expression. The law of obligations includes both contract and tort law. The key
elements of contractual obligations studied include fundamental principles, consent and the
autonomy of the will, capacity, the formation of a contract, conditions of validity, mistake,
misrepresentation, duress, inequality/lésion, privity, the effect of a contract and remedies for
breach. The aspects of tortious or non-contractual obligations addressed include
fundamental principles, damage, causation, liability for fault, responsibility for the act of an
object or another person, defences, remedies and special statutory regimes. In addition to
providing a strong grounding in the law of obligations, including both theory and concrete
rules, the study of these specific legal topics in depth will enhance students’ understanding of
how private law works in a civilian legal system, and how to research the law and apply it to
concrete questions.
The module is taught through French in an interactive classroom setting of approximately 18
students. Students are expected actively to participate in class as well as completing
homeworks as set, conducting independent study and completing assignments.
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Learning Outcomes:
Having successfully completed this module, students should be able to:












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Identify and explain the key values and philosophical ideas which underpin the
law of obligations and relate these to the values underpinning the Civil Code
more generally
Support discussion of French civil law by an accurate understanding of the
rules which govern contract and tort
Identify, explain and apply relevant provisions of the French Civil Code
Critically analyse and evaluate the rules of the French law of obligations
Discuss the relative importance of sources of law in France in light specifically
of case law relating to obligations
Use the French Civil Code and case law to identify and understand the legal
rules applicable to particular questions
Employ problem-solving skills to apply the rules and principles of French civil
law to practical problems
Read and understand French legal decisions on the law of obligations
Conduct independent research on French civil law, using both primary and
secondary materials available in the library and online
Develop and structure original legal analysis
Incorporate comparative law perspectives where appropriate to analysis of
French civil law
Discuss the distinctive features of French private law in light of French society,
the French legal system and French constitutional thought
Comprehend and summarise lectures on private law topics delivered through
French
Apply language skills to communicate clearly and effectively about French civil
law in oral discussions and presentations and written assignments
Teaching:
2 hours of lectures in Hilary Term
Assessment:
1 hour examination (50%) and individual essay assignment
(50%)
Lecturer:
Dr. Niamh Connolly
French Legal Methods: (LA1209) (5 ECTS)
It is essential that students be prepared for the substantially different methodology employed
in French legal studies before they go abroad for their Junior Sophister year. This module,
taught through French, includes the introduction of key terminology and the specific
requirements relative to French legal exercises. It mainly focuses on the instruction and
practice in reading and summarising legal decisions (fiches d’arrêt) as well as the structuring
of essays and commentaries (dissertations, commentaires de texte, commentaries d’arrêt).
Learning Outcomes:
Having successfully completed this module, students should be able to:

Use and apply relevant legal terminology
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
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
Write clear and accurate French
Research, use and properly attribute appropriate sources to support arguments
Apply the specific structure of the French legal essay to develop critical arguments on
legal issues
Read and explain French legal decisions
Identify the issues raised in new decisions within the context of acquired legal
knowledge
Summarise French legal decisions according to the structure of the fiche d’arrêt.
Teaching:
90 mins of lectures per week in Hilary Term
Assessment:
Continuous Assessment (30%: Fiche d’arrêt and plan détaillé)
and Examination (70%: 1 hour examination paper)
Lecturer:
Mr. Julien Sterck
Senior Sophister French Modules
French Comparative Law Dissertation: (LA4004) 10 ECTS
Senior Sophister Law and French students may choose to complete a research dissertation
on French or comparative law under the supervision of a member of the Law School
staff. The subject of the dissertation may be chosen by the student but must be approved by
the Law School. The aim of this option is to encourage students to engage in largely selfdirected research and writing leading to the completion of an analytical and critical piece of
research. Students are expected to employ their expertise in French law to identify and
investigate in depth a specific research question related to French or comparative law. These
dissertations may be written in French or English at each student’s choice. The word limit will
vary according to whether the language chosen is French or English. 10 ECTS credit
dissertations in this module should be approximately 10,000 words if written in English and
approximately 6,000 words if written in French. Dissertations must be submitted early in
Hilary Term.
Learning Outcomes:
Having completed this module, students should be able to:










Complete a substantial dissertation based on independent, largely self directed
research;
Work effectively under the guidance of a research supervisor;
Identify and formulate a research question based on their knowledge of French and
comparative law;
Apply their expertise on French law to investigate specialised subjects in depth;
Conduct effective and targeted research of the full range of primary and secondary
legal sources on a particular topic;
Locate and use research materials in French and English;
Apply comparative law methodologies to analyse topics in different legal systems;
Critically assess in writing legal theories, concepts and doctrines;
Discuss and critique in writing different perspectives on law and policy;
Communicate clearly and effectively in written French or English;
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


Determine the scope and structure of a research project and establish a viable
research plan;
Identify, discuss and debate various research methodologies;
Incorporate multidisciplinary perspectives where appropriate.
Teaching:
Assessment:
Coordinator:
Dissertation to be submitted by the First Friday of
teaching in the Second Semester.
Dissertation
The word limit will vary according to whether the language
chosen is French or English. 10 ECTS credit dissertations
in this module should be approximately 10,000 words if
written in English and approximately 6,000 words if written
in French.
Dr. Niamh Connolly
French Comparative Law (Minor) Dissertation: (LA4005) 5 ECTS
Senior Sophister Law and French students may choose to complete a minor research
dissertation on French or comparative law under the supervision of a member of the Law
School staff. The subject of the dissertation may be chosen by the student but must be
approved by the Law School. The aim of this option is to encourage students to engage in
largely self-directed research and writing leading to the completion of an analytical and
critical piece of research. Students are expected to employ their expertise in French law to
identify and investigate in depth a specific research question related to French or
comparative law.
Learning Outcomes:
Having completed this module, students should be able to:













Complete a substantial dissertation based on independent, largely self directed
research;
Work effectively under the guidance of a research supervisor;
Identify and formulate a research question based on their knowledge of French and
comparative law;
Apply their expertise on French law to investigate specialised subjects in depth;
Conduct effective and targeted research of the full range of primary and secondary
legal sources on a particular topic;
Locate and use research materials in French and English;
Apply comparative law methodologies to analyse topics in different legal systems;
Critically assess in writing legal theories, concepts and doctrines;
Discuss and critique in writing different perspectives on law and policy;
Communicate clearly and effectively in written French or English;
Determine the scope and structure of a research project and establish a viable
research plan;
Identify, discuss and debate various research methodologies;
Incorporate multidisciplinary perspectives where appropriate.
Teaching:
Dissertation to be submitted by the First Friday of
teaching in the Second Semester.
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Assessment:
Coordinator:
Dissertation
The dissertation may be written in French or English at
each student’s choice. The word limit will vary according
to whether the language chosen is French or English. 5
ECTS credit dissertations in this module should be
approximately 6,000 words if written in English and
approximately 3,500 words if written in
French. Dissertations must be submitted early in Hilary
Term.
Dr. Niamh Connolly
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Title
Module Content/Outline
Lecturer(s)
Lectures &Tutorials/
Contact hours
GR1000, German Language (10 ECTS credits)
Mandatory
Module Coordinator: Katrin Eberbach
Aims
This module aims to consolidate existing written, oral
and aural German language skills and to encourage
the further development of communicative and
cultural competence.
Content
The module develops grammatical structures through
systematic revision of basic structures; text
comprehension as well as written, oral and aural skills
in the L2 with a focus on syntactic analysis; and
production of a range of both written and oral/aural
text types including descriptive and narrative texts
and written expression of opinion (Leserbrief).
Students improve their speaking skills by talking
about different aspects of German life and people.
Methods of Teaching & Student Learning
 Contact teaching: Tutorials, seminars and lectures
 Directed learning: Homework
 Blended learning: Self-access on-line exercises
and language laboratory aural comprehension
activities
Learning Outcomes
On successful completion of this module, students
should be able to
 understand radio and news broadcasts, lectures
and discussions
 participate in conversations about their lives and
interests, university and general topics such as
mentioned in newspapers
 participate in conversations specific to their
degree course, such as business, law or literature
 write short but accurate narrative and descriptive
texts on contemporary topics and topics covered
in class
 build up and expand a solid basic active and
passive vocabulary
 correctly apply the basics of German grammar to
both spoken and written German
The module also aims to develop study skills as well
as the following transferable skills:
 Planning
 Time-management
Ms Katrin Eberbach and others
4 hours per week MT, HT
1 Grammar lecture in weeks 4, 8, 11 (MT), 1, 6, 9,
11, 12 (HT)
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Recommended Texts/Key
Reading
Assessment/Examination

JF Language Reader (provided by the
Department)
 Durrell, M. et al., 2002, Essential German
Grammar. London: Arnold.
 Recommended Dictionaries: Grosswörterbuch
Deutsch als Fremdsprache (Langenscheidt) and a
good bilingual dictionary, e.g. Collins or Oxford
Duden.
 Website:
http://www.tcd.ie/Germanic_Studies/jfgermanlang
uagewebsite/exercises.htm
Students take an assessment test at the beginning of
Michaelmas term.
 3-hour end-of-year written examination
(comprising comprehension, composition and
grammar) [60 marks]
 10-minute end-of-year oral examination. Students
are expected to read and answer questions on a
short text and/or advertisement and to converse
with the examiners about themselves, their
course, plans and so on. The material used in the
oral examination also draws on the JF Spoken
German classes. [10 marks]
 1-hour end-of-year aural examination (comprising
dictation and tape-work) [10marks]
 In-Class Test, Wk 1, HT (20 marks)

All students must do weekly on-line tests and
complete weekly homework.

The end-of-year written examination must be
passed; other failed components may be
compensated as long as the overall numerical
mark is 40 or above.
STUDENTS CANNOT RISE WITH THEIR YEAR
UNLESS THEY PASS THIS MODULE.
If you are required to repeat this module, you
must repeat all failed components of this
module.
Module Evaluation
Students complete an evaluation form at the end of
the module.
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Title
Module Content/Outline
GR1014, German Text and Area Studies (10ECTS
credits)
Module Coordinator: Prof McGowan& others
Aims& Content
This module is in two parts:
a. In the Textual Analysis element, it aims to train students
in the ‘close reading’ of literary and non-literary texts in
German. A ‘text’ is understood as any piece of written
German, but for reasons of practicality the pieces that are
used in TA (either extracts or complete works) are
normally no longer than one A4 sheet. It aims to show why
factors such as structure, vocabulary and style are
combined in a particular way to produce a text of a
particular kind, with one or more meanings.
b. The Area Studies element is an introduction to the
history, politics, society and economy of the Germanspeaking countries in the period 1945 to the present.
Taught in German, with English summaries, it also trains
listening comprehension, and as such helps prepare for
studying in a German-speaking country and for future
study in TCD. Listening skills developed in this module
also support performance in the JF Aural examination
(See GR 1000).
Methods of Teaching and Student Learning
Lectures and tutorials.
Learning Outcomes
On successful completion of the Textual Analysis element,
students should be able to
• identify and explain why and how structure, vocabulary
and style combine to produce a particular kind of literary
or non-literary text.
• write concise analyses of German texts in which findings
are supported by the appropriate use of textual evidence.
On successful completion of the Area Studies element,
students should be able to
• describe the recent history and the political, economic,
social and cultural features of the three German-speaking
countries.
• discuss in detail major events and trends in these
countries since the Second World War.
• deploy this knowledge and understanding in clear written
English.
• follow lectures, presentations and commentaries in
German on contemporary themes.
• read introductory and intermediate level written material
in German on contemporary themes.
Lecturer(s)
Professor Moray McGowan and others
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Lectures &Tutorials/
Contact hours
3 hour per week
Recommended Texts/Key
Reading
For the Textual Analysis element, material will be provided
by the lecturer. For the Area Studies element, module
outline, handouts and bibliography supplied during the
lectures.
a. Textual Analysis:
In-class test (end of Michaelmas Term) [20 marks]
1.5 hour end-of-year written exam [80 marks]
Students are also required to complete a number of
analyses throughout the module.
b. Area Studies
2-hour end of year written examination in German
Area Studies.The paper has three questions,
weighted equally, consisting of 2 essay questions
and one question requiring short explanations of
terms
Assessment/Examination
If you are required to repeat this module, you
must repeat all failed components of this
module.
Module Evaluation
Students are given the opportunity to complete an
evaluation form at the end of the module.
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Title
Module Content/Outline
GR2000 German Language (10 ECTS credits) Mandatory
Aims
This programme is designed to enhance existing written, oral
and aural German language skills through systematic
introduction of complex grammatical structures and to
encourage the further development of communicative and
cultural competence, particularly in the specialist register.
Content
Students will be introduced to the prevailing terminology of the
German university system and to the Fachsprache (specialist
register) of their study field/cohort. This will be accomplished
through the guided discussion of appropriate text examples,
along with vocabulary, grammar, comprehension and
translation exercises.
Methods of Teaching and Student Learning



Contact Teaching: Tutorials and seminars
Directed Learning: Homework
Group-work
Lecturer(s)
Lectures &Tutorials/
Contact hours
Learning outcomes
On successful completion of this module, students should be
able to:
 understand and apply more complex features of German
grammar, including participial phrases and passive voice,
in spoken and written contexts;
 understand and use appropriately the specialist vocabulary
(Universität) and the lexical and syntactic features of a
particular field of study (Fachsprache) ;
 read and understand articles from academic publications
and translate extracts into correct and idiomatic English;
 identify the syntactic and structural differences between
oral and written Fachsprache;
 write essays in German on a topic from their field of study;
 give oral presentations in German on a topic from their
field of study.
The module also aims to develop the following transferable
skills:
 Critical and analytical approach to understanding
advanced information sources;
 Presentation skills and use of Power Point;
 Time management.
Dr Clemens Ruthner and others
3 hours per week,
plus 1 hour optional grammar tutorial
Recommended Texts/
Key Reading
Hammer’s German Grammar und Usage. Fourth Edition.
Revised by Martin Durrell. Edward Arnold.
Recommended Dictionaries: Grosswörterbuch Deutsch als
Fremdsprache (Langenscheidt) and a good bilingual
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dictionary, e.g. Collins or Oxford Duden (not a pocket one!).
Assessment/Examinatio
n
Two readers (Universität & Fachsprache) will be supplied by
the Department along with some additional materials.
 3-hour end-of-year written paper containing
comprehension and grammar exercises (cloze test)
and a translation exercise (60 marks)
 20-minute end-of-year oral/aural examination (Referat with
question/answer session) (20 marks)
 Fachsprache Project (20 marks)

All students must complete weekly homework and
preparatory Referate..

The end-of-year written examination must be passed;
other failed components may be compensated as long
as the overall numerical mark is 40 or above.
STUDENTS CANNOT RISE WITH THEIR YEAR UNLESS
THEY PASS THIS MODULE.
If you are required to repeat this module, you must
repeat all failed components of this module.
Module Evaluation
Students complete evaluation forms at the end of the module.
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Title
Module Content/Outline
GR2012, German Cultural History/ Kulturgeschichte (5
ECTS credits)
Module Coordinator: Dr Clemens Ruthner
Aims
This module aims to increase students’ background
knowledge and cultural competence in respect of the historical
and cultural development of the German-speaking world. It
also provides training in listening comprehension. Both
aspects are preparation for studying in a German-speaking
country.
Content
The module investigates how the history and culture of
Germany, Austria and Switzerland, especially since 1800,
have shaped today’s society. This will be achieved by a
thematic rather than a chronological approach to the key
issues of the cultural history of Austria, Germany and
Switzerland.
Methods of student teaching and learning
Contact teaching: Lectures with accompanying tutorials
Directed and self-directed learning (production of a critical
essay)
Lecturer(s)
Lectures &Tutorials/
Contact hours
Recommended Texts/
Key Reading
Assessment/Examination
Module Evaluation
Learning Outcomes
On successful completion of this module, students should be
able to
• discuss in detail aspects of the history and culture of the
three
German-speaking countries.
• describe how cultural history has shaped modern society in
these countries.
• understand a lecture in German.
• process the acquired knowledge and apply this critically to
the writing of an extended essay.
Dr Clemens Ruthner and others
1 hour per week & 1 hour optional tutorial
Course outline, handouts and bibliography supplied during the
lectures.
• 1 x 2-hour written examination [70 marks]
• Essay of 1200-1500 words in German [Submission Wk. 4
HT] [30 marks]
N.B. Submission of projects up to one week late incurs a
penalty of 10%. Thereafter a mark of 0 is normally awarded,
but all coursework must be submitted to complete the year.
Penalty for non-submission of coursework: recorded as “fail”
for the year, until submitted.
If you are required to repeat this module, you must repeat
all failed components of this module.
Students complete an evaluation at the end of the module.
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Title:
Module Content / Outline:
GR 4001 Rhetorik (10 ECTS)
Module Coordinator: Katrin Eberbach
The Senior Sophister German language programmes train
students in advanced writing, oral and presentational skills,
which will be particularly useful to them in their future careers
Aims
This module is designed to develop advanced oral and written
rhetorical skills in the L2.
It also aims to consolidate existing written, oral and aural
German language skills through systematic revision of
grammatical structures and to encourage the further
development of communicative and cultural competence.
Content
The module develops advanced rhetorical skills in the L2
focus on analysis and production of a range of both written
and oral/aural text types, including editorials, speeches,
interviews, ‘Erörterungen’, ‘Kommentare’ and ‘Glossen’.
Methods of Student Teaching & Learning
• Contact teaching (small group teaching)
• Directed learning (group work, homework)
• Experiential learning (presentations)
• Self-directed learning (private study)
Lecturer:
Lectures &Tutorials /
Contact hours:
Learning Outcomes
Students who successfully complete this module should be
able to:
- understand and analyse the stylistic and rhetorical strategies
which characterize complex written and oral text types;
- to filter information and to differentiate between fact and
opinion as well as between relevant and irrelevant information
in complex oral and written texts;
- produce stylistically appropriate Erörterungen, Kommentare
and Glossen on contemporary social, economic, political,
literary themes in idiomatic and accurate German;
- give oral presentations at an advanced level in idiomatic and
accurate German, using the appropriate register, on
contemporary social, economic, political, and literary themes;
- demonstrate a confident use of media such as PowerPoint
during presentations and
integrate all aspects of
communication including gestures, facial expressions, body
language;
- to communicate at an advanced level in terms of accuracy,
fluency and expression in the L2 in a variety of situations such
as discussions, negotiations and interviews;
- demonstrate a sound knowledge and mastery of complex
grammar and syntax including indirect speech, hypotaxis,
conjunctions, modal particles, in spoken and written German.
Katrin Eberbach
2 hours per week all year
1 hour per week spoken German all year
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BOOK OF MODULES
1 hour per week Grammar tutorial all year
Recommended Texts /
Key Reading:
Assessment
Students should spend at least 4-5 hours per week on private
study.
Recommended Dictionaries: Grosswörterbuch Deutsch als
Fremdsprache (Langenscheidt) and a good bilingual
dictionary, e.g. Collins or Oxford Duden
A Language Reader will be provided by the department.
Assessment is by examination and continuous assessment.
3-hour end-of-year written examination [60 marks]
20-30 minute end-of-year oral examination (to include a
presentation) with the external examiner [40 marks]
To pass this module, students must receive a mark of at
least 40% overall in GR4001 and a pass in the GR4001
written paper.
If you are required to repeat this module, you must repeat
all failed components of this module.
Course Evaluation
Students complete an evaluation form at the end of the
module.
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BOOK OF MODULES
Title:
Module Content/Outline:
GR4010 Translation (5 ECTS)
Module Coordinator: Prof McGowan
The course is construed as a practical training in advanced
German-English translation, based on both general and legal
text-types (e.g. extracts or summaries of legislation) and/or
academic and journalistic/ essayistic writing on general and
legal topics. It presupposes a high degree of German and
English competence accumulated from wide reading during
the current and previous years. The necessity of good English
style is stressed. A brief theoretical summary forms the
introduction. Coursework requirement: fortnightly written
translation assignments. In-class tests (held at the end of
Hilary Term and Michaelmas Terms) do not form part of the
year’s assessment.
. The translation element of this module focuses on practical
advanced German/English translation, with two main parts:
• translation of a range of discursive text types and registers
(quality journalism, critical essays on current affairs);
• translation of samples of more specific discourses, such as
literary fiction, legal prose, intellectual and cultural history,
information technology.
As appropriate at Senior Sophister level, the module builds on
the German and English competence acquired from general
reading and writing skills practised during the current and
previous years of the programme, as well as a familiarity with
relevant text types.
Lecturer(s):
Lectures &Tutorials/
Contact hours:
Recommended Text / Key
Reading:
Assessment
Learning outcomes
On successful completion of this module, students should be
able to
 demonstrate a high degree of German comprehension
(including knowledge of the cultural context).
 comprehend and translate advanced texts in the relevant
text types into clear, correct English;
 render these texts at a satisfactory level of accuracy,
consistency and appropriateness of register and
expression
Professor McGowan
1 hour per week
The most appropriate reading for this course is the wide
reading, in German, of quality journalism, critical essays on
current affairs, and more specialist registers relating to the
student’s specific degree programme which should form part
of a student’s background work at Senior Sophister level.
3-hour end-of-year written paper consisting of two translation
passages from German to English.
Fortnightly assignments and in-class tests (not part of the final
mark)
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BOOK OF MODULES
Evaluation
If you are required to repeat this module, you must repeat
all failed components of this module.
Students complete an evaluation form at the end of the
module.
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BOOK OF MODULES
MODULES AVAILABLE TO BESS STUDENTS AND NON-LAW EXCHANGE STUDENTS
Bess and Non-Law Exchange students
Introduction to Law (LA1240) 10 ECTS
Topics covered include:
1. The Irish Legal System: Structure and Key Features
 Sources of Law in Ireland
 The Doctrine of Precedent
 The Irish Court System
 Access to the Courts
2. Introduction to Jurisprudence
 Natural Law Versus Positivism
 The Command Theory of Law
 Utilitarianism
3. International Law
 The Origins and Operation of International Law
 Human Rights Law:
 Introduction to the European Convention on Human Rights
 Article 8 ECHR
4. Family Law
 Key features of Irish family law
 Special topic: the child in Irish law (custody, rights etc)
Learning Outcomes
On successful completion of this module, students should be better able to:
 Identify the main sources of law in the Irish legal system
 Distinguish between the relative weight of different sources of law
 Describe and explain the doctrine of precedent in Irish law
 Identify several jurisprudential theories
 Critically assess the strengths and weaknesses of different jurisprudential theories
 Describe and explain the key features and case law of Article 8 ECHR
 Describe and explain basic features of Irish family law.
Teaching:
Assessment:
Lecturer:
2 hours of lectures per week in both semesters
Exchange/visiting students must take the
module for the full academic year.
Examination 100% ( 1 x 3 hour paper)
Dr. Eimear Brown
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BOOK OF MODULES
Aspects of Irish Law in a European Perspective (LA2012) 10 ECTS
Topics include:
1. Introduction to the Law of Torts
 The Nature of Liability in Tort
 The Law of Negligence
 The Law of Defamation
 Remedies in the Law of Torts
 The Influence of EU Law on Law of Tort
2. Introduction to the Law of Contract
 Formation of a Contract
 Invalid Contracts
 Exclusion Clauses
 Discharge of Contracts
 Remedies in Contract Law
 The Influence of EU Law on Law of Torts
3. The European Convention on Human Rights and Ireland
 Introduction to the European Convention on Human Rights
 Ireland before the European Court of Human Rights
 The Incorporation of the European Convention on Human Rights into Irish Law
 The ECHR in the Irish Courts – the impact of the European Convention on Human
Rights Act 2003.
Learning Outcomes
On successful completion of this module, students should be better able to:





Describe and explain basic features of tort law in Ireland, including
o The test for negligence
o The definition of defamation and the defences to that tort
o Describe and explain basic features of the law of contract in
Ireland, including
o The manner in which a contract can be formed and discharged
Remedies for breach of contract
Identify the key features of the European Convention on Human Rights Act 2003
Critically assess the courts’ approach to that Act in Irish law
Identify and evaluate the difference(s) between the approach of the Irish courts and
those of the European Court of Human Rights to enforcement of Convention rights.
Teaching:
Assessment:
Lecturer:
2 hours of lectures per week in both semesters.
Exchange/visiting students must take the module for the
full academic year
Examination 100% ( 1 x 3 hour paper)
Dr. Eimear Brown
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BOOK OF MODULES
Non-Law exchange students only
Legal English Part I: (LA1234) 5 ECTS – First Semester
Legal English Part II: (LA1235) 5ECTS – Second Semester*
Having successfully completed this module, students should be able to:









Possess knowledge of the sources and evolution of Legal English over
time;
Possess the library and research skills necessary to identify and
explore the written and electronic resources in which law and legal
information are contained;
Possess and demonstrate the skills in written English which are
necessary for a high standard of legal writing, including the use of
house style, grammar and punctuation and the creation of legal
documents;
Possess and demonstrate the comprehension skills which are
necessary to read thoroughly and understand cases, textbooks, legal
articles and legislation;
Possess and develop further the skills necessary for a high standard of
spoken Legal English, including preparation of a formal presentation
and discussion on a legal topic;
Compare and contrast the style of legal writing in Ireland with that used
in their home system;
Incorporate knowledge of Irish law, society and politics into spoken and
written Legal English;
Master spoken and written Legal English to a sufficient degree that
they can identify and use terminology specific to an individual field of
law;
Master spoken and written Legal English to a sufficient degree that
they can apply critical analysis and use coherent, rational arguments in
answering essay and problem-based questions
Teaching:
Assessment:
Lecturer:
2 hours of lectures per week
Essay and Coursework (TBC)
Mr. Frank Kennedy
*Students must have completed Legal English Part I in first semester to study
Legal English Part II.
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LEGAL RESEARCH AND LEGAL WRITING
PART III
117
LEGAL RESEARCH AND LEGAL WRITING
The Legal Skills manual, available to download on the Law School’s local
access webpages, and supplied to all first year (Junior Freshman) law
students provides extensive guidance on legal research and writing. Junior
Freshman students will attend Legal Skills classes in the first semester. You
should consult the Legal Skills manual for comprehensive guidance on legal
research and writing. Below notes some of the basics.
LEGAL RESEARCH
Finding Legal Materials: The basics:
1. Cases,
2. statutes,
3. the Constitution
4. journal articles,
5. books.
1. Cases
Law Library:
TCD Law collection is on the 1st floor of the Berkeley Library (Morrison
Room). Suppose you wish to look up the case CC v Ireland [2006] 4 IR 1.
You need to know that IR stands for Irish Reports (the Cardiff law
abbreviations website – http://www.legalabbrevs.cardiff.ac.uk/ – is a handy
way of finding this out). You find where the Irish Reports are shelved.
Reports are arranged by year and then volume number. For this case you go
to 2006 and get volume number 4. See below. Then you turn to page 1 of
this volume and you will find this CC v Ireland case.
Volume number
[2006] 4
page number
IR 1
year case is reported
type of report
Online:
Justis is probably the most useful single resource for obtaining cases
because its coverage seems more extensive than others in respect of the
relevant criminal law cases. Justis is a subscription site accessed through the
TCD library website (under ‘databases’). When you go to the Justis
homepage via TCD library website, you will be automatically authenticated
and there is no need for a password (if you are off campus you will have been
asked for your general TCD username and password).
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LEGAL RESEARCH AND LEGAL WRITING
Justis provides access to Irish, UK and European case law and legislation. It
contains most of the English law reports with the exception of the All England
Reports (which can be found on Lexis – see below).
For ILRM reported cases you might have to use Westlaw IE – www.westlaw.ie
- this is a subscription site and must be entered via the TCD Library’s
webpages.
Try Westlaw UK or Lexis for cases from England and Wales you cannot find
on Justis. Again, you access these through TCD library website (databases).
Recently handed down Irish case reports can be obtained at www.courts.ie
which is an open access site. Select “judgments” on the homepage and you
will see judgments delivered in the last few days.
Other websites for Irish cases include BAILII http://www.bailii.org and IRLII
http://www.irlii.org These are freely accessible sites with many of the Irish
cases from the last ten years or so (Bailii has UK cases also). Bailii is also a
good source for older legislation.
Finally,
you
might
like
to
explore
websites
such
as
www.staredecisishibernia.com and http://www.extempore.iewhere one can
subscribe to email updates on/ read about new Irish superior court cases.
2. Statutes
In hardcopy statutes or Acts are in on the right as you enter the 1st floor of the
Berkeley library (from the stairs). It is convenient to access statutes online.
Irish statutes can be accessed via www.irishstatutebook.ie and
www.oireachtas.ie and also on Bailii and Irlii. You can access Bills at the
Oireachtas website as well.
3. The Constitution
You can buy a copy of the Irish Constitution in a bookshop or in the
Government publications shop on Molesworth St (off Dawson St). The
Constitution is a little book with a blue cover and is not expensive. The text of
the Constitution is freely accessible on the web. Its official title is The
Constitution of Ireland or Bunreacht na hÉireann and can be downloaded at
www.constitution.ie
4. Journal articles
Use the library catalogue ( at http://www.tcd.ie/Library/ search under ‘journal
titles’) to see if a journal is in hardcopy in the Library or Santry or Stacks, or if
there is an electronic resource and you should be able to follow a link. Note
that law journals (or periodicals) in hardcopy are located in the 1 st floor,
Berkeley (except some recent issues of some law journals are shelved in the
Ussher basement). Note also that some law journals are kept in counter
reserve in the Berkeley library. The Dublin University Law Journal (DULJ) is
an example – it is in hardcopy at counter reserve only; to access it online you
will be directed to www.westlaw.ie
5. Books
Law books are shelved in the Morrison room, 1st floor, Berkeley library. Use
the Library catalogue http://www.tcd.ie/Library/ to get shelf number of the
book you seek.
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LEGAL RESEARCH AND LEGAL WRITING
LEGAL WRITING
The two main types of legal writing undertaken by undergraduate law students
are essays and answers to problem question. Detailed guidance on writing
these is provided in the Legal Skills manual. Good legal writing is clear and
concise. Sentences are unambiguous. The advice ‘write to communicate, not
to impress’ is particularly apt for legal writing. Contrary to what some believe,
good legal writing does not feature a large amount of legalisms and long
sentences.
Legal citation guide
Authorities (cases and other sources) in legal writing should be cited in a form
that is clear and consistent. It is recommended that students’ law essays
conform to the OSCOLA Ireland citation method. This legal citation guide is
freely available for download at www.legalcitation.ie and a quick reference
guide is reproduced at the end of this Handbook in Appendix 3. OSCOLA
Ireland follows The Oxford University Standard for Citation of Legal
Authorities (OSCOLA).
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APPENDIX 1
121
APPENDIX 3
122
APPENDIX 3
Law and German Examination Conventions
1. Junior Freshman, Senior Freshman
1.1 Assessment during the Year
A student must complete assessment elements (if any) in each module, e.g. essays.
1.2 At Annual Examinations
A student must sit examinations in all modules which have an examination as an
assessment element.
1.3 Overall Mark at Annual Assessment Stage
The overall mark for a student is generally the weighted average of all module marks,
using the ECTS credit rating for the weighting of each module.
1.4 Progression Regulations at Annual Assessment Stage
1.4.1 In order to progress to the next year of the course, a student must:
(a) Pass all modules and earn the ECTS credits required for the year (namely 70 credits
in Junior Freshman year and 65 credits in Senior Freshman year);
OR
(b) Pass by compensation as explained in 1.9 below. If a student passes by
compensation, he/she earns the ECTS credits required for the year, ie 70 credits in
Junior Freshman year and 65 credits in Senior Freshman year.
Students must obtain a pass in the German Language modules GR1000 (Junior
Freshman) and GR2000 (Senior Freshman) and pass the annual written exam in
those modules. These modules are non-compensatable.
1.4.2 A student passing by either of the above methods, is given an overall mark and
grade in accordance with the institutional marking scale.
1.4.3 A student who does not pass by either of the two methods above is required to
complete supplemental assessment(s) (e.g. examinations/coursework) in all failed
modules, that is, in all modules for which a module mark of at least 40% has not been
achieved. This includes failed modules which could have been passed by compensation
if the overall number of failures had been less.
1.5 Supplemental Assessment
Supplemental assessment includes sitting supplemental examinations and completing
other supplemental assessments, such as essays. Supplemental assessment is the
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APPENDIX 3
same as for the annual assessment, with just failed elements being re-assessed, and
previously passed assessment elements being carried forward to the module mark at
supplemental stage.
1.6 Marks for Supplemental Assessment of Modules
The supplemental mark for a module is the mark for re-assessed element(s) added to
the annual mark(s) for other element(s) (if any).
1.7 Overall Mark at Supplemental Assessment Stage
The marks for modules passed at the Annual Assessment Stage are considered
together with the marks for modules re-assessed at the Supplemental Assessment
Stage. The overall mark for a student is generally the weighted average of these
module marks, using the ECTS credit rating for the weighting of each module.
1.8 Progression Regulations at Supplemental Assessment Stage
1.8.1 In order to progress to the next year of the course, a student must:
a) Pass all modules and earn the ECTS credits required for the year (namely 70 credits
in Junior Freshman year and 65 credits in Senior Freshman year);
OR
b) Pass by compensation as explained in 1.9 below. If a student passes by
compensation, he/she earns the ECTS credits required for the year, ie 70 credits in
Junior Freshman year and 65 credits in Senior Freshman year.
1.8.2. The overall end-of-year result for a student who progresses on the basis of marks
attained at a supplemental examination should be recorded as ‘Pass at Supplemental’.
1.8.3. A student who does not pass by either of the methods above is required to repeat
the year in full.
1.9 Compensation Regulations at Annual and Supplemental Assessment Stages
In order to pass by compensation a student must:
a) Have an overall result of at least 40%
AND
b) either (i) Pass modules totaling 65 credits in the Junior Freshman year or 60 credits
in the Senior Freshman year, and get a minimum mark of 30% in the failed module
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APPENDIX 3
or (ii) Pass modules totaling 60 credits in the Junior Freshman year or 55 credits in the
Senior Freshman year, and get a minimum mark of 35% in the failed module(s) – either
one 10-credit module or two 5-credit modules.
Students must obtain a pass in the German Language modules listed above and
pass the annual written examination in those modules. These modules are noncompensatable.
1.10 Repeating the Year
When a student must repeat the year, this must be completed IN FULL. This includes
completing all assessment elements of all modules (e.g. all continuous assessment
requirements.)
2. Junior Sophister
2.1
It is compulsory for students of Law and German to spend the Junior Sophister
year studying in a partner university in Germany. The marks of Junior Sophister
students participating in the Erasmus exchange programme shall be converted
into equivalent Trinity grades by the court of examiners. The court of examiners
relies in the first instance on the conversion scales in force for the conversion of
marks awarded in the Law School’s partner institutions. In order to maintain
equity as between Junior Sophister students, the court of examiners retains a
residual discretion to determine the equivalence of marks awarded by the host
University. The court of examiners’ guiding principle is fairness in determining the
equivalencies of foreign marks.
2.2
In order to rise with his/her class, a Junior Sophister candidate in Law and
German must:
(i)
comply with the subject - and courseload - requirements set out in the
course handbook and exchange programme regulations, including taking
a compulsory module (German Civil Law (BGB), German Criminal Law, or
German Public Law) in which they attend (and where relevant pass) the
Vorlesung, Übung, and Tutorials, and also pass a Hausarbeit and (where
relevant) a Klausur; and,
(ii)
pass a second Hausarbeit written in German; and,
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APPENDIX 3
(iii)
obtain a minimum of a pass mark in the average grade for their best 45
credits of substantive modules.
2.3
A student who fails any subject while studying in Germany will be permitted to
repeat that subject in the host university, subject to the regulations and
procedures of the host university.
2.4
The marks obtained by Law and German students in this year constitute Part I of
their degree examinations and shall be weighted to the extent of 35% of the final
degree marks.
3. Senior Sophister
3.1 Assessment during the Year
A student must complete assessment elements (if any) in each module, e.g. essays.
3.2 At Annual Examinations
A student must sit examinations in all modules which have an examination as an
assessment element.
3.3 Specific Rules for Law and German Senior Sophisters
3.3.1 Senior Sophister Law and German students must pass German language
module GR4001 overall. The German language module is comprised of a written
translation paper, a Rhetorik examination, an aural and an oral examination.
3.3.2 Regulations for Fail in Senior Sophister German: A fail in one of the module
components of Gr4001Rhetorik may be compensated at the discretion of the
examiners as long as the overall numerical mark is above 40 and as long as the
annual written Rhetorik examination is passed. An F.1 is compensatable in the
oral examination; an F.2 is not. Gr4000 Translation is compensatable as
explained in 3.5 below.
(i)
Translation: The end-of-year written exam counts for 100% of the final
mark for Translation.
(ii)
Rhetorik: This module is examined through an end-of-year written
examination (60%) and an oral examination (40%).
(iii)
Oral German is normally examined by the extern and the German law
examiner.
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APPENDIX 3
3.4 Overall Mark at Annual Assessment Stage
3.4.1 This is a two-part Degree; in order for it to be awarded, a student must:
(i)
obtain an overall average of 40% in each of the two parts; and,
(ii)
not have failed in more than one module in Part II; and,
(iii)
in any event not have failed the written Rhetorik examination.
3.4.2 The overall mark for a student is based upon the 35% weighting for the Junior
Sophister year (in which students must take 45 ECTS credits) and the 65%
weighting for the Senior Sophister year (in which students must take 60 ECTS
credits). In assessing the Degree as a whole, the examiners are entitled to have
regard to the pattern of classes obtained by a student over the two parts. In
particular, a student who obtains marks in at least one class in modules
amounting to at least 75 credits out of the 120 credits required for the final two
years of the degree shall be awarded a degree in that class, provided the marks
in all other modules are no lower than one class below the class of the degree to
be awarded (NB For the purposes of this ‘profile rule’, the 45 ECTS credits taken
in the Junior Sophister year abroad shall be counted as 60 ECTS credits).
3.4 Regulations at Final Assessment Stage
3.4.1 In order to pass at the Final Assessment Stage, a student must:
(a) Pass all modules and earn 60 credits
OR
(b) Pass by compensation as explained in 3.5 below. If a student passes by
compensation, he/she earns 60 credits for the year. Students must obtain a pass in
the German language module GR4001 and in the annual written examination for
that module. This module is non-compensatable.
3.4.2 A student passing by either of the above methods is given an overall mark and
grade in accordance with the institutional marking scale.
3.4.3. A student who does not pass by either of the two methods above fails, but may, if
eligible according to the University’s regulations, be awarded the Ordinary B.A.
3.5 Compensation Regulations at Final Assessment Stage
In order to pass by compensation a student must:
a) Have an overall result of at least 40%
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APPENDIX 3
AND
b) either (i) Pass modules totaling 55 credits, and get a minimum mark of 30% in the
failed module
or (ii) Pass modules totaling 50 credits, and get a minimum mark of 35% in the failed
module(s) – either one 10-credit module or two 5-credit modules.
4. Institutional Marking Scale
First Class
70% or over
Second Class First Division
60-69%
Second Class Second Division
50-59%
Third Class
40-49%
Fail
39% or lower
F1
30-39%
F2
0-29%
4. Guidance for Grades
The sole concern of the Court of Examiners is the academic quality of a student. This
shall be assessed by reference only to assessment results. Marks in individual modules,
including coursework, are not final until approved by the Court of Examiners.
Interventions ad misericordiam on behalf of a student, by a tutor or otherwise, shall not
be admissible.
A student may appeal against a decision of the Court of Examiners to the Law School
Court of Appeal, before the relevant closing date, on any of the grounds set out in the
Calendar.
Assessment elements are to be marked according to the institutional marking scheme
above.
The following description of the above academic classes is based on The Assessment
in Higher Education and the Role of Graduateness (HEQC, London, 1997); it is
intended as no more than a guide, and binds neither an individual examiner nor the
Court of Examiners.
I
70%+
First Class Honours
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APPENDIX 3
A first class answer has a thoughtful structure, a clear message displaying personal
reflection informed by wider reading of cases, articles and/or other commentaries and a
good grasp of detail (as evidenced by the choice of relevant examples which are well
integrated into the answer’s structure). It is complete with no errors or omissions, is
exceptionally good for an undergraduate, and excels in at least one and probably
several of the following criteria:

comprehensiveness and accuracy;

clarity of argument and quality of expression;

integration of a range of materials;

evidence of wider reading;

good insight into the theoretical issues.
Excellence in one or more of these areas should be in addition to the qualities expected
of an upper second class answer. Although there is no expectation of originality of
exposition or treatment, a first class answer is generally expected to spot points rarely
seen. A high first, of gold medal standard, is expected to display originality and excel in
most if not all the aforementioned criteria.
II.1
60-69%
Upper Second Class
Upper second class answers cover a wider band of students. An upper second class
answer generally shows a sound understanding of both the basic principles and
relevant details of the law, supported by examples which are demonstrably well
understood and which are presented in a coherent and logical fashion. The answer
should be well presented, display some analytical ability and contain no major errors or
omissions. It is not necessarily excellent in any area, but it is clearly highly competent
and typically possesses the following qualities

accurate and well-informed;

comprehensive;

well-organised and structured;

provide evidence of reading;

demonstrating a sound grasp of basic principles;

demonstrating a good understanding of the relevant details;

succinctly and cogently presented;
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APPENDIX 3

displaying evidence of insight.
One essential aspect of an upper second class answer is that it must have completely
dealt with the question asked by the examiner. In problem questions, (i) all the major
issues and most of the minor issues must have been spotted; (ii) the application of the
legal rules must be accurate and comprehensive, (iii) the application of the legal rules
must be insightful (ie, the answer must demonstrate that the student can both
distinguish cases on their facts and argue by analogy); and (iv) there should be a
conclusion that summarises the legal position of the relevant parties.
II.2
50-59%
Lower Second Class
A lower second class answer is a substantially correct answer which shows an
understanding of the basic principles. It displays an acceptable level of competence, as
indicated by the following qualities:

generally accurate;

providing an adequate answer to the question based largely on textbooks and
lecture notes;

clearly presented;

no real development of arguments.
III
40-49%
Third Class
A third class answer, whilst it demonstrates some knowledge of the general area and a
basic understanding of the main issues, may not necessarily be coherently or correctly
presented, and tends to be weak in the following ways:
F.I

descriptive only;

does not answer the question directly;

misses key points;

contains important inaccuracies;

covers material sparsely, possibly in note form;

assertions not supported by authority or evidence.
30-39%
Fail
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APPENDIX 3
Answers which have failed usually contain some appropriate material (poorly organised)
and some evidence that the student has been to one or two lectures and done a bare
minimum of reading.
F.2
Below 30% Bad Fail
Answers which have failed badly are worse than those which have merely failed, and
have no redeeming qualities whatsoever.
131