Law School Introduction to Law (LAWD10016) Unit Handbook 2014 - 2015 Dr. Oliver Quick, Unit Co-Ordinator Oliver.Quick@bristol.ac.uk Room 3.62, Wills Memorial Building Welcome to the Unit From the moment of conception, the law regulates every aspect of our lives: how we live and how we die; our relationships; our jobs. It regulates the land we stand on and the air we breathe. It applies to the vast depths of the ocean and to activities in outer space. Law is everywhere and it is this thick, pervasive aspect of law that makes it so fascinating to study. This unit has three overarching objectives: to give you an introduction to law school life, particularly to your first year at law school; to give you grounding in the English Legal System (the nature and sources of law, the doctrine of precedent, justice systems etc) and to begin your skills training (case analysis, statutory interpretation, writing essays, problem solving etc). This Unit Handbook explains the unit and details how you will be taught and assessed. Aims of the Unit To provide new law students with an intensive orientation towards their subject To provide a firm foundation for other law units by developing an understanding of the sources of law, statutory interpretation, legal reasoning and handling precedents To introduce students to the main features of the English Legal System and its operation in contemporary society, the role of practitioners, adjudicators and legal scholars. To introduce students to the basic legal skills of research, analysis, synthesis and problem-solving involving the handling of primary materials (case-law and legislation) as well as providing students with an introduction to study skills To provide students with the opportunity to acquire skills in paper-based legal research and a familiarity with electronic legal research resources To challenge students to evaluate the role of law in society Syllabus Study skills at University: Note-taking; blackboard; critical thinking, assessment, research, writing; referencing; feedback and avoiding plagiarism Perspectives on the function of law in society The sources and forms of law The criminal and civil justice systems (structure, procedure and remedies) 1 Case analysis and application The doctrine of precedent and the handling of precedents Statutory interpretation and application Learning Outcomes Knowledge On completion of this unit, students should be able to: Have a basic understanding of the constraints within which lawyers and judges reason and make decisions and of competing theoretical approaches to legal reasoning and adjudication Demonstrate an understanding and critical assessment of alternative perspectives on law and society and fundamental social concepts such as access to justice Demonstrate an understanding and critical assessment of the social and other pressures that shape the development of the law, its sources and major institutions Skills On completion of this unit, students should be able to: Identify and find relevant legal sources and materials made available by the library, both in print and/or electronically Appreciate how to read a case and be able to pick out its material facts and ratio, as well as distinguish this from obiter dicta Apply the rules of precedent and statutory interpretation and basic factual skills and be able to identify correctly the application of these methods by others Assess critically the logical and persuasive strength of judicial and other reasoning Construct a logical argument using case law and statute and present it both verbally and in writing using clear, appropriate English Organise information in written work and engage in a degree of critical thinking Teaching Methods The ‘Introduction to Law’ unit differs from other units in the Law School in not following the traditional pattern of one or two lectures per week plus a fortnightly tutorial. Because the focus in this unit is to give you an intensive orientation towards the subject of law, the unit will be taught intensively over the latter part of 2 introductory week (week 0) and throughout weeks 1 and 2 in a mixture of lectures and small groups. No other law unit will be taught during this time, though some of the lectures will act as useful introductions to core legal subjects. This will amount to a total of 20 fifty-minute lectures, 4 two-hour seminars, 1 library tour, 1 library workshop and 1 personal tutor meeting. Focused worksheets will be provided for each seminar, providing all students with an initial programme of reading and study on their arrival at university. The focus in this unit is not only on the possession of knowledge about the English Legal System, but on the acquisition of skills, both legal and from a more general study skills perspective. Accordingly the unit will be taught by both lectures and twohour seminars. You should find yourself, over the course of the year, coming back to your Introduction to Law materials and sources as you progress with your legal studies. Lectures The lectures will focus on introducing the main features of the English Legal System and on introducing you to key study skills. The general purpose of the lectures will be to provide an organised introduction and overview of material contained in the syllabus. In general, the lecture will take the form of an oral presentation by various lecturers. Apart from the pre-arrival reading required for the unit, students are not required to prepare in advance for lectures BUT they MUST read the essential materials in order to prepare for the seminars. Lectures will take place in weeks 0, 1 and 2 of the autumn term. The lecture schedule is as follows: Lecture Schedule Times and venues will be on your welcome week programme for the introductory sessions in Week 0. Thereafter, times and dates can be found on your personalized timetable. Please check your online timetable, just in case there have been any changes to the schedule below: Title 1 2 Date/Time Room Lecturer 09:00-09:50 PHYS BLDG 1.11 TYNDALL Joanne Conaghan, Ken Oliphant, Gwen Seabourne, Vijay Chandy, Oliver Quick Thursday 25 September 10:00-10:50 PHYS BLDG 1.11 TYNDALL Oliver Quick A Welcome to the School of Wednesday 24 September Law An Introduction to Introduction to Law (including Blackboard) 3 3 Introducing the English Legal System – perceptions and challenges Thursday 25 VIC September 13:00- ROOMS 13:50 G38 AUDI Martin Partington 4 Study skills: Reading and understanding cases Thursday 25 September 14:00-14:50 VIC ROOMS G38 AUDI Keith Stanton 5 Study skills: Library resources Friday 26 September 11:00-11:50 PHYS BLDG 1.11 TYNDALL Mary-Jane Steer 6 The Nature and Sources of Law Monday 29 September 10:00-10:50 VIC ROOMS G38 AUDI Julian Rivers 7 The Impact of Law on Society Monday 29 September 13:00-13:50 VIC ROOMS G38 AUDI Martin Partington 8 Statutes and Statutory Interpretation Tuesday 30 September 11:00-11:50 PHYS BLDG 1.11 TYNDALL Jennifer Collins 9 The Doctrine of Precedent Tuesday 30 September 16:00-16:50 VIC ROOMS G38 AUDI Ardavan Arzandeh Wednesday 1 October 12:00-12:50 VIC ROOMS G38 AUDI Diggory Bailey 11 Study skills: Critical thinking, analysis and synthesis Thursday 2 October 11:00-11:50 VIC ROOMS G38 AUDI Julian Rivers 12 The Civil Justice System (structure, procedure, remedies) Thursday 2 October 12:00-12:50 VIC ROOMS G38 AUDI Paula Giliker 13 Exam/Assessment skills: Thursday 2 Writing essays and problem October questions 16:00-16:50 VIC ROOMS G38 AUDI Harry McVea Friday 3 October PHYS 13:00-13:50 BLDG 1.11 TYNDALL Oliver Quick 10 How Policy becomes Law 14 The Criminal Justice System (structure, procedure, remedies) Office of the Parliamentary Counsel 4 15 The Administrative Justice System (structure, procedure, remedies) Friday 3 October PHYS 16:00-16:50 BLDG 1.11 TYNDALL Akis Psygkas 16 Study skills: Research Monday 6 October 10:00-10:50 VIC ROOMS G38 AUDI Paddy Ireland 17 Introduction to European Law Monday 6 October 13:00-13:50 VIC ROOMS G38 AUDI Phil Syrpis 18 Introduction to International Monday 6 Law October 16:00-16:50 VIC ROOMS G38 AUDI Malcolm Evans 19 Introduction to Contract Law Tuesday 7 October 13:00-13:50 VIC ROOMS G38 AUDI Harry McVea 20 Feedback and plagiarism Tuesday 7 October 16:00-16:50 VIC ROOMS G38 AUDI Keith Stanton 21. Guest lecture from Mr Justice Mostyn “The craft of judging” 8 December, 13:00-14:00, venue to be confirmed (see your online timetable). Lectures are an important part of the unit and experience tells us that those students who do not attend regularly do not do well in assessments as lectures are designed to prepare the students for assessments. All lectures will start punctually on the hour (i.e. at 9am, 10am, 11am etc and will last for 50 minutes). Students are asked to attend on time out of courtesy to others. Those arriving late may be excluded or asked not to enter the lecture hall until a suitable break. If the lecturer allows a student to enter the hall they must sit down in the first available seat. Mobile phones must be turned off during lectures. Infringement of this rule may lead to exclusion. PowerPoint slides and other visual materials may be used. Slides used in lectures will be available on blackboard after the lecture has taken place. Seminars Each student will be expected to attend the seminar group to which they have been assigned. A record of attendance will be taken. There will be four seminars over ten 5 days in weeks 1 and 2 of the autumn term. Seminars will normally last for 2 hours with a break of 10-15 minutes. Seminars will concentrate on the students’ acquisition of legal skills. Students will therefore be expected to have read the primary and secondary reading materials for themselves, which will then be discussed in class. Accordingly, the style of teaching in seminars is known as ‘Socratic’. It follows the style of teaching developed by the Greek philosopher Socrates who taught, not by simply handing over information, but by means of dialogue with his students. By asking questions and commenting on the answers the teacher does not just aim to ensure that the students know and understand the subject matter of the lesson, s/he also aims to help the students to develop new ways of thinking and to express their ideas more coherently and persuasively. Students should not be put off from participating in class discussions for fear of being criticized. It is only by testing ideas that students will be able to improve their reasoning and critical skills. In addition, for the Socratic method to work effectively, it is very important that students prepare in advance for every class by reading set materials and preparing answers to the set questions and exercises. Reading lists and questions will be found in the seminar worksheets which will be posted up on our blackboard site. We have attempted to set manageable amounts of reading and to ensure that there is adequate access to the materials (both online and in the library). However, because materials will be in heavy demand due to the intensive nature of the unit (four seminars over ten days in weeks 1 and 2 of term), students are urged to access the bulk of the seminar materials online via electronic legal databases (which will be explained in week 0). As with all university learning, it is students’ responsibility to ensure that they are aware of what is coming up and that they allow adequate time for preparation. If any student cannot for some good reason prepare for a class, they should inform their tutor beforehand, rather than try to evade discovery in the seminar. Schedule of Seminars: Seminar 1 - week 1, Mon-Tues/Weds Seminar 2 - week 1, Weds-Fri Seminar 3 - week 2, Mon-Tues/Weds Seminar 4 - week 2, Weds-Fri Library Workshop from Week 1 6 Teaching personnel Unit Co-ordinator: Dr Oliver Quick 3.62 Wills Memorial Building Office Hours: please email for an appointment Email: Oliver.Quick@bristol.ac.uk Seminars: Most full-time academic members of staff who are not on leave will undertake seminar teaching on the unit. Lecturers: As listed above in the schedule of lectures. Personal tutors: Personal tutors will put notices outside their office door or send emails arranging times for students to see them at some point during the first two and a half weeks of term. Books Because the unit is built around three elements: English Legal System; Legal Method and Study Skills, there is no one textbook which covers all the substantive topics and skills covered in the unit. However, the text which we recommend to get you started is: Martin Partington, Introduction to the English Legal System: 2014-2015 published by Oxford University Press (2014). Students have found it convenient in the past to purchase this book, although there are copies of it in the library. The publisher is offering this book at a discounted cost of £20.99 if purchased from the Blackwell University Bookshop in Bristol. To order, please call the store on 0117 927 6602 or email them at bristol@blackwell.co.uk The bookshop will send it with free postage and packaging to addresses in the UK. Alternatively, do feel free to search for it elsewhere (e.g. online from Amazon). There is a short video interview with the author of this book (who will also be lecturing on the unit) here: http://ukcatalogue.oup.com/product/9780198704225.do Prior to your arrival at University you will find it helpful to read Chapters 1, 2, 3, 5, 6 and 8 of the Partington book. 7 Some students from previous years have also benefitted from using a legal method and skills book alongside the Partington book. This is by no means essential but would be helpful not only for this unit but also as a useful resource for the rest of your first year. If you decide to purchase one, we recommend the following: James Holland and Julian Webb, Learning Legal Rules (8th ed) published by Oxford University Press (2013) Blackwell bookshop in Bristol will offer a discounted price of £41 should you order both books together. Order details as above. Students will be referred to a number of different sources (including book chapters – available online) as seminar preparation. Assessment The assessment for this unit requires students to demonstrate an ability to identify relevant legal issues and/or principles, to develop arguments in relation to those issues or principles, and to reach a considered and well-structured application of issues and principles. The assessment for this unit will be a single two part examination of 1.5 hours duration to be held in week 6. The first part will involve drawing up an essay question outline and the second part will be about identification of legal issues in a problem question format. The unit is pass/fail only and students (but for Erasmus students) will not be given a grade for their work. Re-sit opportunities will be offered in the summer assessment period. 8 Additional Recommended Sources to introduce you to the subject of Law 1 PLEASE VIEW THE VIDEO INTERVIEWS ON THE INTRO TO LAW BB PAGE WITH VARIOUS LEGAL PROFESSIONALS Books (non-fiction) Gary Slapper: How the Law Works Gary Slapper: The English Legal System Glanville Williams: Learning the Law Finch and Fafinski: Legal Skills http://www.ucl.ac.uk/laws/socio-legal/empirical/docs/inquiry_report.pdf An excellent report on how law works and can be studied from real life. A.P. Herbert: Uncommon Law Karl Llewellyn, The Bramble Bush Helena Kennedy: Eve Was Framed Helena Kennedy, Just Law. Books (Fiction) Shakespeare, The Merchant of Venice Dickens, Bleak House John Galt, The Entail Anthony Trollope, Phineas Redux Dostoevsky, Crime and Punishment Franz Kafka, The Trial Berthold Brecht, The Caucasian White Circle Reginald Rose, Twelve Angry Men Books by John Grisham Books by John Mortimer (Rumpole series). TV and Radio shows: There are lots of films on Law (both documentary and fiction) TV Programmes: This Life, Law and Order, Borgen, Silk and Suits, Crown Court Radio 4's Law in Action programme Also, Read as widely as possible newspapers and magazines, twitter, blogs and law news websites as these will feed into your imagination about law and legal issues. 1 Many of these are sources University of Bristol law school academics found helpful in their early days of learning the law so we hope you enjoy these as well! 9