BOOK OF LAW MODULES
Academic Year
2015-16
Please note the information contained herein was correct at time of publication
and may be subject to change.
Contents:
Junior Freshman Law modules
Senior Freshman Law modules
Junior/Senior Sophister Law modules
Law and French Law Modules
Law and German Law Modules
Law Modules for BESS and Visiting Students
Visiting students only
2
8
14
39
48
51
54
1
Academic Year 2015-16
Please note the information contained herein was correct at time of publication
and may be subject to change.
Junior Freshman Law Modules
Foundations of Law: (LA1023) 10 ECTS
This module introduces junior freshman students to the key features of the Irish
legal system. It aims to analyse the Irish courts system, the principles of common law
precedent and the issue of equal access to justice. The module considers various
other aspects of the legal system including the sources of law, statutory
interpretation and the impact of Irish membership of the European Union. Overall, it
aims to attune students to the political, social and economic context of the Irish legal
system, and to that end, particular emphasis is placed on current developments that
may affect its operation.
The module also seeks to equip students with the basic skills required for the study
of law. It introduces students to legal research and reasoning and provides practical
training in legal problem solving, essay writing and advocacy.
The module provides students with an opportunity for structured reflection on
learning. It aims to orient students to third level education by heightening awareness
of approaches to learning and fostering effective strategies for the study of law.
Learning Outcomes:
By the end of this module, students should be able to:
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Identify and analyse the various sources of law in the Irish system and the
relationship between them;
Display an understanding of the common law nature of the Irish legal system;
Demonstrate knowledge of the Irish courts system, including the structure
and jurisdiction of the courts, the basic rules of trial procedure and evidence
and the significance of recent reforms;
Critically analyse the doctrine of stare decisis and the system of judicial
precedent;
Explain the status and significance of European Union law, the European
Convention on Human Rights and international law in the Irish legal system.
Engage in effective legal research both in the Library and online;
2
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Explain and apply the steps involved in the reading and interpretation of
judicial decisions;
Articulate and critically analyse different perspectives on legal reasoning;
Demonstrate the effective use of practical techniques for solving legal
problems;
Apply basic legal writing skills when completing assignments such as essays
and in-class tests;
Offer basic reflections on the concept of learning in third level education;
Articulate practical, effective approaches to the study of law.
Teaching
Assessment:
Module Coordinator
Available:
2 hours of lectures and 1 hour of seminars per week
in the 1st Semester.
Coursework – 100%
Written Assignment (week 4) – 25%
Inclass test (week 6) – 25%
Essay (week 10) - 25%
Inclass test (week 12) – 25%
Presentations – weeks 8 – 11. Failure to present will result in a 5%
forfeit on module result.
Prof. Neville Cox
All JF Students
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:
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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.
3
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:
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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.
Essay (2,500 words) - 20%, Examination - 80%
Prof. 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
4
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:
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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.
Teaching
Assessment:
Lecturer:
Erasmus/
Visiting
Students
3 hours of lectures per week and four hours of seminars in the
1st Semester.
Essay (8 pages) - 20%, Webcourse Participation* (10 contributions) - 5%
Examination - 75% (1 x 2 hour paper)
*reassessment for this component will be a 2 page essay.
Prof. 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.
5
Available:
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 court-based 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:
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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 problembased criminal law questions
Teaching:
Assessment:
Lecturer:
Erasmus/
Visiting Students
3 hours of lectures per week and 4 seminars in the 2nd 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 exchange
programme. Auditing this module is only possible subject to availability
of spaces.
6
Available:
JF Law, Law and French and Law and German, SF Law and Business,
Law and Political Science
Legislation and Regulation: (LA1231) 10 ECTS
This introductory course is designed to give students an insight into the way in which
the legal system operates, focusing on elements which either do not directly relate
to other legal disciplines, or belong to a legal discipline that students may not
encounter for some time. We focus, chiefly, on two things: first, the laws we pass,
and secondly the administrative and regulatory agencies that those laws set up. We
look at legislation: what it is; how it is made, administer, interpreted, and enforced. .
In the regulation part of the course, we look at the reality of day-to-day governance,
which is not done by elected officials, but by the administrative agents who
administer the laws such officials pass. We look at why the regulatory state has
thrived and expanded; at how regulatory systems are set up and run; at how they
can be made transparent and accountable while still being strong and independent
from government. Through this, we hope to teach you to understand the functions
and legal structure of contemporary government. This knowledge will serve you well
throughout your legal education and your careers.
Learning Outcomes:
Having successfully completed this module, students should be able to:
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Identify and evaluate the structure of the national government of the
Republic of Ireland;
Understand and critically assess the concept of the rule of law;
Understand and critically assess the operation of government and the
lawmaking process;
Critically assess the role of law as an agent of control, and the ideological
suppositions that underlie lawmaking;
Read and interpret legislation;
Critically assess the different regulatory systems and the manner in which
they work;
Evaluate the roles of the Regulators and their transparency and
accountability.
Teaching
Assessment:
3 hours of lectures per week and four hours of seminars in the 2 nd
Semester.
Coursework: 33.3%
2 hour paper in annual examinations: 66.66%
7
Lecturers:
Available:
Dr. David Kenny
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 analysis of the public law
protections for rights in land in the Irish legal system, through the Constitution and
the European Convention on Human Rights. It engages in critical reflection on the
theoretical rationales for private ownership that underpin and affect land law, and
on other perspectives from economics and politics that influence the shape of land
law. It considers the evolution of land law through both common law and statute, an
understanding of which is fundamental to an appreciation of the complex system in
operation in Ireland today. A key focus throughout is the changes wrought to Irish
land law by the Land and Conveyancing Law Reform Act 2009. The substantive areas
dealt with include the nature of the freehold and leasehold estates in land, coownership, the use of land as security, and rights over land (easements and
covenants).
Learning Outcomes:
Having successfully completed this module, students should be able to:
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Critically reflect on the tensions that underpin and affect land law from
theoretical and policy perspectives;
Engage with the interaction between public and private law rules and
standards in the context of land;
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.
Teaching
Assessment:
Lecturers:
3 hours of lecture per week and 4 seminars in the 1st semester
Examination (2 hour paper) – 100%
Dr Rachael Walsh and Mr Emile Burke-Murphy
8
Erasmus/
Visiting Students
Available:
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 and Law and German,
Law and Business, Law and Political Science
Administrative Law: LA1233 (10 ECTS)
This module examines public administration and the role of judicial review of
administrative action. The module addresses the position of the administration in
separation of powers. The bulk of the module is concerned with the control of
administrative action through judicial review. It 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,
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 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 1 st
Semester.
Essay (3,000 words) - 25%; Examination (1 x 2 hour paper) - 75%
Dr. Catherine Donnelly
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.
9
Restrictions:
Available:
Students taking this module may not take 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:
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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;
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Assess the role of the courts in the protection of constitutional rights;
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Discuss the philosophical influences on the fundamental rights provisions
of the Constitution;
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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%
Prof. Gerry Whyte
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.
10
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
Assessment:
Lecturers:
Erasmus/
Visiting Students
Restrictions:
Available:
3 hours of lectures per week and 4 seminars in the 2nd Semester.
Examination – 100%
Dr. Caoimhin MacMaolain/Prof. Mark Bell
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)
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
3 hours of lectures per week and four hours of seminars in the 2 nd
11
Assessment:
Lecturers:
Erasmus/
Visiting Students
Available:
Semester.
Examination (2 hour paper) – 100%
Prof. 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.
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:
Restrictions:
3 hours of lectures per week and four hours of seminars
in the 2nd 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
Sophister students may not take Tax Law
12
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.
13
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.
Teaching:
3 hours of lectures per week and additional seminars in the 2nd
Semester.
Assessment:
Lecturers:
Examination (1 x 2 hour paper) - 100%
Dr Diarmuid Rossa Phelan SC
Prerequisite:
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 Child Law (LA3442).
Restrictions:
14
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 such as proof, corroboration and expert
evidence. Additional topics drawn from the fields of criminal and civil evidence will
be explored in their theoretical and practical contexts. Examples include
unconstitutionally obtained evidence, 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:
Note:
1.5 hours of lectures per week in the 2nd Semester.
Essay (4,500 words) – 100%
Prof. Liz Heffernan
Students must have studied LA3458 - Evidence
Students taking this module may not take Collective Labour law
(LA3429)
This module will not be offered in 2016/17
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.
15
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Apply critical analysis and problem-solving skills and techniques to different
essay and problem-based child law questions.
Teaching:
Assessment:
Lecturer:
Restrictions:
Note:
1-2 hours of lectures per week in the 2nd Semester.
Essay (5,000) – 100%
Dr. Patricia Brazil
Students taking this module may not take
Advanced EU Law (LA3444)
This module will not be offered in 2016-17
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 not-for-profit, private and public
sectors. Under the supervision of experienced professionals, students will gain firsthand experience of legal practice, observing, assisting and 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 lawyering class which will focus on developing students’
professional legal skills, fostering an understanding of legal ethics and more broadly
developing students’ understanding of the role of the lawyer in society. 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.
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Teaching:
Erasmus/
Visiting Students
Lecturer/Co-ordinator:
Restrictions:
Placements will run for three weeks in September.
There will be an introductory session prior to
the commencement of placements as well as
classes running alongside the placement.
Students are not permitted to apply for this module
Dr. David Fennelly
This module is only available to Senior Sophister students.
Number of places available will be restricted to 20-30 only.
Admission is also subject to confirmation of placement.
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:
3 hours of lectures per week in the 2nd Semester.
Assessment:
Essay (3,000 words) – 20% and Examination – 80% (1 x 2 hour
paper).
Lecturers:
Restrictions:
Prof. Gerry Whyte
Students taking this module may not take Advanced Evidence
(LA3473)
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Commercial Law: (LA3445) 10 ECTS
The objective of this module 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 module 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
and the banker-customer relationship. A particular is on the regulation of the sale of
goods and supply of services.
Learning Outcomes:
Having successfully completed this module, students should be able to:

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
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.
Map the relationship between law and society in a commercial context,
including the role of law in promoting and responding to social change.
Teaching
Assessment:
Erasmus/
Visiting Students
Lecturer:
Prerequisite:
3 hours of lectures per week and additional seminars in the 2nd
Semester.
Examination (1 x 2 hour paper).– 100%
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.
Dr. Deirdre Ahern
BESS students must have taken LA1240 and LA2012
Company Law: (LA3446) 10 ECTS
This module 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.
18
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.
Essay (3,000) - 20%, Examination (1 x 2 hour paper) - 80%
Prof. 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;
 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;
19


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 1st Semester.
Examination - 100% (1 x 2 hour paper)
Dr. David Kenny
Teaching:
Assessment:
Lecturer:
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)
Prof. Ivana Bacik
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
20
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 1st Semester.
Response papers (2 x 1,500 words) – 90%, Attendance – 5%, Discussion
board (10 short contributions) – 5%
Dr. David Kenny and Dr. Alan Brady
Places are limited to 20
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
21
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.
Teaching:
Assessment:
Lecturers:
Note:
3 hours of lectures per week and additional seminars
in the 1st Semester.
Essay (4,000 words) - 25%, Examination - 75% (1 x 2 hour paper)
Dr. Des Ryan
This module will not be offered in 2016-17
Economic and Legal Aspects of Competition Policy: (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 an essay (20%). Students have a
choice of completing the essay in either a law or economics-related area of
competition policy.
22
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 anticompetitive 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). The course
concludes with an examination of the 2004 Merger Control Regulation, and the
extent to which it regulates market structure and behaviour in situations in which
two or more formerly independent commercial companies/entities wish to unite.
Recommended introductory reading: Goyder’s EC Competition Law (5th edition,
Oxford University Press, 2009) and Jones and Sufrin, EU Competition Law (Oxford
University Press, 5th edition, 2014).
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, market abuses perpetrated by dominant players and
merger control respectively.
 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
Essay (5,000) - 25%, Examination (1 x 2 hour paper) - 75%
Mr. Alex Schuster and Prof. Francis 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 the foundational work done in Land Law by deepening students’
conceptual understanding of property as an institution, and of the competing policy
23
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 impact of the Human Rights Act 1998
on English land law 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.
The course then turns to consider 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.
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;
24




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:
Restrictions:
3 hours of lectures per week and additional seminars in the 1st
semester
Examination (1 x 2 hour paper) – 100%.
Dr Rachael Walsh and Mr Alan O’Connor
Students may not take Public interest Law
Equality Law: (LA3481) 10 ECTS
Equality features regularly in debate on law and public policy. Contemporary
examples include: access to marriage for same-sex couples; women’s representation
in company boardrooms or politics; restrictions on wearing religious
symbols/clothing; or stigma and discrimination linked to mental health. The legal
issues that arise cut across public and private law, and frequently entail interaction
with European and international legal instruments.
This module provides an opportunity for students to examine the emerging field of
Equality Law from a national, international and comparative perspective. The
module will introduce students to the legal framework on equality found in Irish
Law, European Law (EU and ECHR), and international human rights instruments (e.g.
CEDAW, CERD, CRPD). With regards to Irish Law, it will place more emphasis on the
Equal Status Acts and other relevant legislation, given that the Employment Equality
Acts may have already been encountered in the module on Employment Law.
There are no pre-requisites for taking this module. The aims are:
1. To introduce the domestic, European, and international legal frameworks on
equality.
2. To examine the theoretical and conceptual framework underpinning equality
law.
3. To explore specific issues and controversies within equality law.
Course Content
The course will provide students with an introduction to the legal frameworks
governing equality law in Irish law; the law of the European Union and Council of
25
Europe; selected international human rights instruments. Having established this
framework, the module will then consider the theoretical and conceptual
components of equality law. It will examine debates on the meaning of equality (e.g.
formal v substantive), and the building blocks of equality law (e.g. direct
discrimination, indirect discrimination, harassment, positive/affirmative action). The
module will also explore the list of protected characteristics and how these have
evolved (and expanded) over time. Finally, the module will include analysis of key
controversies in equality law in the light of current developments (e.g. same-sex
marriage).
Learning Outcomes
On successful completion of this module, students will be able to:




outline the basic concepts found within equality law;
evaluate the effectiveness of different strategies and instruments for
promoting equality;
demonstrate written communication skills;
apply analytical and problem-solving skills to hypothetical case studies relating
to equality law.
Methods of Teaching and Student Learning
The teaching strategy is a based on three hours of weekly lectures. These will be
composed of lecture-style presentations by the module convenor, but combined
with opportunities for more interactive activities. This draw upon ‘flipped classroom’
techniques, including exercises in problem-solving via hypothetical case studies.
Teaching:
Assessment:
Lecturer:
3 hours of lectures per week in the 2nd Semester.
Examination (90 min) – 50% and Essay (4,000 words) – 50%
Prof. Mark Bell
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
26
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:
3 hours of lectures per week in the 1st Semester.
Examination 90% (1 x 2 hour paper), webcourse (10%) TBC
Dr. Catherine Donnelly
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;
 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;
27

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
Essay (3,500 words) - 25% and Examination - 75% (1 x 2 hour paper)
Prof. 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.
Essay (3,000 words) – 33.33%, Examination (1 x 2 hour paper) –
66.66%
Dr. Patricia Brazil
Students taking this module may not take Administrative law
(LA1233)
Food Law: (LA3437) 10 ECTS
This module examines the increasingly important area of Food Law. The focus is
primarily on European Union rules in this area, as it is from here that most of our
food law now emanates. The course will commence with a re-examination of EU
rules on free movement for goods, with emphasis on the movement of food. Food
28
safety has also become a priority for the EU lawmaker, in particular following a series
of scares such as those about ‘mad cow disease’ (BSE), bird ‘flu and dioxins in pork.
Other topics covered by this module include genetic modification, organic food
regulation, intellectual property rights, animal welfare, food labelling and
emergencies.
Learning Outcomes:
Having successfully completed this module, students should be able to:
 Identify the key sources of Irish Food Law;
 Categorise the main areas of Food Law and assess the most significant rules
and regulations in each;
 Appraise the manner in which the production and marketing of food is
regulated;
 Analyse the interaction between Food Law and human behaviour;
 Assess the impact of other disciplines on the formulation of Food Law.
Teaching:
Assessment:
Lecturer:
3 hours of lectures per week in the 2nd Semester.
Examination – 100% (1 x 2 hour paper)
Dr. Caoimhin MacMaolain
Intellectual Property Law: (LA3460) 10 ECTS
Intellectual property law constitutes an increasingly important and wide bundle of
rules aimed at fostering and rewarding human creativity and technological
innovation and at protecting investments and goodwill in business-related activities.
This body of law has traditionally embraced copyright, patents, trademarks, passing
off, designs, plant varieties, trade secrets and confidential information. The domain
of intellectual property has grown considerably in the last decades through the
extension of the scope of existing rights for the protection of new assets, works and
technologies (e.g. Internet domain names, computer programs, biotechnologies) and
through the creation of new types of rights (e.g. industrial designs, database rights,
access rights for digital content). The module examines the social and economic
justifications for intellectual property rights, as well as their multi-layer regulation.
The module provides an overview of the Irish, EU and international legislation
relating to these matters and critically evaluates the policies and goals which
underlie the most relevant forms of today's intellectual property. It will be
emphasised that, even if the idea of multi-level regulation of intellectual property
goes back to the end of the 19th century (when the first international conventions
on patent and copyright protection started harmonizing national laws and creating
obligations for national law-makers), intellectual property rights and their
enforcement have been globalised more effectively as of the establishment in 1994
29
of the World Trade Organisation (WTO) and the related adoption of an international
agreement on Trade Related Aspects of Intellectual Property Rights, known as
‘TRIPS’. In particular, the module examines the most important provisions of the
TRIPS Agreement and the intellectual property models that this agreement
incorporates and imposes on a global scale as well as the EU regulations and
directives that harmonized (or even unified, in certain cases) national sub-systems
like the Irish one.
Learning Outcomes:
Students successfully completing this module should be able to:
 Appraise and evaluate the social and economic justifications for intellectual
property rights.
 Identify and analyse how intellectual property rights are protected and
commercially exploited, in both offline and online environments.
 Demonstrate an understanding of the implications of international
conventions and the most important EU legislative measures, from both a
trade-related and non-market perspective.
 Evaluate Ireland’s obligations in this field, at both international and EU level.
 Identify legal issues in complex cases and argue either side of the arguments
raised by the parties involved;
 Demonstrate familiarity with the research tools and the materials through
which they can deepen their knowledge of specific aspects of intellectual
property law.
Teaching:
Assessment:
Lecturer:
3 hours of lectures per week in the 2nd Semester
Coursework (Presentation, class discussions, VLE engagement) - 20%,
Examination (1 x 2 hour paper) - 80%
Dr. Giuseppe Mazziotti
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 nongovernmental practices, as well as the current trends and challenges in advancing
human rights protection in a diverse and dynamic community of nations.
30
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)
International Trade Law: (LA3462) 5 ECTS
This module examines the key rules and agreements governing the operations of the
World Trade Organisation (WTO). It provides an introduction to the regulation of
international trade by identifying and assessing the impact that these international
agreements have on the national laws of members and the functioning of regional
trade areas, such as the European Union. Emphasis is also placed upon the manner
in which the WTO aims to further integrate developing countries into the global
trading system and the resolution of trade disputes at the international level.
Learning Outcomes:
Having successfully completed this module, students should be able to:
 Explain the operations and functions of the World Trade Organisation;
 Appraise the role of the World Trade Organisation in the regulation of
international trade;
 Evaluate the impact of regulating international trade on global development;
 Analyse the methods used for resolving international trade disputes;
 Describe the relationship between the World Trade Organisation and
regional free-trade areas, such as the EU.
31
Teaching:
Assessment:
Lecturer:
1-2 hours of lectures per week in the 1st Semester.
Essay (5,000 words) - 100%
Dr. Caoimhin MacMaolain
Jurisprudence: (LA3463) 10 ECTS The primary objective of this module is to facilitate students in the formulation of
their own, critically aware, understanding of the nature of law and legal argument.
By the end of the module, students should be able to articulate a reasoned position
on the distinctive features of law and a legal system and on questions about the
relationship between law and morality, legal reasoning, and law’s legitimacy and
function in a social order. The socratic method is used and students must read
certain assigned material before each class. Among the theorists covered are HLA
Hart and John Finnis.
Learning Outcomes:
Having successfully completed this module, students should be able to:
 Formulate their own, critically aware, position on jurisprudential issues;
 Critically analyse primary texts of a philosophical character;
 Interrogate various connections between law and morality;
 Appraise critically the contributions to legal thought of the theorists covered
during the module;
 Explore connections between jurisprudential theories and legal doctrinal
issues;
Teaching:
Assessment:
Lecturer:
3 hours of lectures per week and additional seminars in the 1st Semester.
Web and class participation - 10%, Essay - 30% and
Examination (1 x 2 hour paper) - 60%
Dr. David Prendergast
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; law and liberty; methods of reasoning. 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;
32




Critically analyse primary and advanced texts of a philosophical character;
Appraise the value of concepts such as the rule of the law and liberty ;
Interrogate 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;
Teaching:
Assessment:
Lecturer:
Prerequisites:
Restrictions:
1½ hours of lectures per in the 2nd Semester.
Web and class Participation - 20%, Response papers (3 x 1500 words) 80%
Dr. David Prendergast
Jurisprudence. Students who have completed a jurisprudence module in
another university should consult with the module lecturers to ascertain
for themselves whether this module is appropriate for them
Students taking this module may not take
EU Law (LA2346)
Medical Law and Ethics: (LA3479) 10 ECTS
Medical Law and Ethics focuses on existing and emerging areas of significance in
which the law interacts with the business of healthcare. We begin by looking at the
rationale behind the law’s involvement in healthcare including the significance of
personal autonomy and the concept of distributive justice in this area. We then
move to look at aspects of the relationship between patient and health care provider
including the rules on informed consent and, in particular, various aspects of the law
relating to medical mal-practice, including the question of when either a hospital or
a human medical practitioner can be liable in negligence or battery. Finally, we move
to look at aspects of the relationship between the law and what might be termed the
ethics of healthcare including issues emerging pre-birth (abortion, assisted human
reproduction and surrogacy) and end of life issues.
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.
33
Assessment:
Lecturer:
Note:
Examination (1 x 2 hours) – 75%, Essay (3,000 words) - 25%
Prof. Neville Cox
This module will not be offered in 2016-17
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:
Lecturer:
1½ hours of lectures per week in the 2nd Semester.
Essay (5,000 words) - 100%
Prof. Ivana Bacik
34
Private Law Theory: Obligations: (LA3482) 5 ECTS
This module seeks to explore critically the theoretical underpinnings of the law of
obligations, with particular focus on current and emerging areas of academic analysis
in the fields of Tort, Contract and Restitution.
This module will be conducted in a round-table seminar style format with weekly
readings, predominantly of scholarly articles and texts but also of case law, being set
in advance of the module.
There are no pre-requisites for taking this module. The aims are:
1. To examine critically the theoretical and conceptual framework underpinning
the common law of obligations.
2. To explore specific issues and controversies within academic accounts of the
law of obligations.
3. To develop students’ abilities at engaging critically with a range of scholarship
in this area.
Learning Outcomes
On successful completion of this module, students will be able to:
 Identify and critically analyse a range of academic perspectives on various
elements of the law obligations;
 Locate blackletter understanding of tortious, contractual and restitutionary
principles within a theoretical framework;
 Demonstrate and apply rigorous analytical skills in writing about the law of
obligations.
Please note that the lecturers reserve the right to cap this module if necessary
(limited to 20 places).
Teaching:
Assessment:
Erasmus/
Visiting Students
Lecturer:
Notes:
Weekly 1.5 hour seminar in the second semester
Essay (5,000 words on a topic agreed with lecturers) - 100%
Places are limited to three places. Offered on first-come, first-served
basis to exchange Law students only
Dr. Desmond Ryan
Please note that this module may not be available in 2016-2017.
Places available are limited to 20.
35
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 words) – 25% and Examination – 75% (1 x 2 hour paper)
Prof. Gerry Whyte
Students may not take English Land Law (LA3471)
Public International Law: (LA3439) 10 ECTS
This module is designed to provide students with knowledge of the main concepts,
principles, processes and rules of public international law as well as a more in-depth
knowledge of selected areas of the law. Topics are considered under 3 headings. Part
1 deals with fundamental legal concepts and processes, including international legal
personality, the sources of the law and recognition. Basic principles and the rules
associated with them are addressed in Part 2. Finally, the rights and duties of the
individual under what is essentially a state-based system of law are examined in Part
3. Practical examples of the operation of the law, many of them relating to
contemporary events, are given throughout.
36
Learning Outcomes:
Upon completion of this module, students should be able to:
 Identify the main concepts, principles and processes in the field of public
international law;
 Demonstrate a sound knowledge of the rules applicable in core areas of the
law, such as state sovereignty, the peaceful settlement of international
disputes, the use of force, international organisations and self-determination;
 Analyse international affairs from the perspective of public international law;
 Describe in some detail the place of the individual within the international
legal system;
 Explain the nature of public international law and the role it plays in the
conduct of world affairs.
Teaching:
Assessment:
Lecturer:
3 hours of lectures per week and additional seminars in the 1st
Semester
Examination - 100% (1 x 2 hour paper)
Prof. Alpha Connelly
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.
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:
3 hours of lectures per week in the 2nd Semester
Examination - 100% (1 x 2 hour paper)
37
Lecturer:
Restrictions:
Mr. Niall O'Hanlon
Students may not take Private Law Remedies
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. Deirdre Ahern
38
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
39
to French society and the French legal system with analysis of French
constitutional history
Teaching:
Assessment:
2 hours of lectures per week in Michaelmas Term
1 hour examination (50%) and individual essay (50%)
Lecturer:
Dr. Julien Sterck
French Constitutional Law II – The Fifth Republic: (LA1021) 5 ECTS
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
40
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



Teaching:
Assessment:
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
2 hours of lectures in Hilary Term
1 hour written examination (50%) and individual oral presentation (50%)
Lecturer:
Dr. Julien Sterck
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 law, as well as more practical topics such as the definition of
legal rules in the French civil law tradition, the branches of law, the sources of law,
the role of the judiciary and the authority of legal decisions, the courts structure, the
legal profession and the trial.
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:
Assessment:
90 mins of lectures per week in Hilary Term
Continuous Assessment (30%: MCQ and short answer questions) and
Examination (70%: Oral exam)
41
Lecturer:
Dr. 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
 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
42





Teaching:
Assessment:
Lecturer:
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
2 hours of lectures in Michaelmas Term
Essay - 30% and Examination (1 hour paper) - 70%:
Dr. Sarah Arduin
French Civil Law II – Law of Obligations: (LA1208) 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.
Learning Outcomes:
Having successfully completed this module, students should be able to:
 Identify and explain the key values and philosophical ideas which
43
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











Teaching:
Assessment:
Lecturer:
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
2 hours of lectures in Hilary Term
Essay - 30% and Examination (1 hour paper) - 70%:
Dr. Sarah Arduin
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 (dissertations).
44
Learning Outcomes:
Having successfully completed this module, students should be able to:
 Use and apply relevant legal terminology
 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:
Assessment:
90 mins of lectures per week in Hilary Term
Continuous Assessment (30%: Fiche d’arrêt and plan détaillé) and
Examination (70%: 1 hour examination paper)
Lecturer:
Dr. 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 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. 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.
45
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:
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. Julien Sterck
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.
46
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:
Assessment:
Coordinator:
Dissertation to be submitted by the First Friday of teaching in the
Second Semester.
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. Julien Sterck
47
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:
Assessment:
Lecturer:
2 hours of lectures per week in both semesters
Continuous Assessment (Tests) - 30% and Essay (1,500 words) - 70 %
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.
48
Learning Outcomes
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:
Assessment:
2 hours of lectures per week in both semesters
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
49
Assessment:
Lecturer:
2 Seminararbeiten/essays (each 50%)
Ms. Nazli Heimann
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MODULES AVAILABLE TO BESS STUDENTS 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
 Introduction to theories including:
 Natural Law Versus Positivism
 The Command Theory of Law
 Utilitarianism
3. International Law – Introduction to the ECHR
 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
 Describe and explain the jurisdiction of the Irish Courts
 Describe, explain and evaluate factors that affect the right of access to court
 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.
 Identify key facts and legal issues in problem question scenarios
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
Solve problem questions using legal principles covered on the course.
Teaching:
Assessment:
Lecturer:
2 hours of lectures per week in both semesters
Exchange/visiting students must take the module
for the full academic year.
Multiple Choice Exam; 10%, Examination
90% ( 1 x 2 hour paper)
Dr. Julien Sterck
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 features of nuisance
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



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
Multiple Choice Exam; 10%, Examination 90% ( 1 x 2
hour paper)
Dr. Julien Sterck
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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
Ms Miriam Delahunt BL
*Students must have completed Legal English Part I in first semester to study Legal
English Part II
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