Department of Law LLB Module Option Booklet 2014– 2015 All modules may be subject to change including name, syllabus content and assessment method. LEVEL 1 MODULES Contract (30 credits) LEVEL 1 Module Title: Law of Contract Module Code: UJTTN3-30-1 Module Leader: Adrian Chandler/Kathy Brown Email Address: Adrian.Chandler@uwe.ac.uk /Kathy.brown@uwe.ac.uk Telephone No: 0117 32 82425 / 0117 32 83302 Room No: 3D26 / 3A001 What is the module about? (A brief description of the module content) The module looks at how contracts are formed, the manner in which terms are incorporated into those contracts (either expressly or by implication), the role of Parliament and other government agencies (eg the Office of Fair Trading) in regulating terms and conditions inserted by businesses in their standardform contracts (with particular emphasis on vulnerable members of society), the rights and responsibilities of contracting parties (especially when things go wrong; eg damages for breach of contract), and, finally, the rules of Common Law & Equity that empower courts to rescind contracts in certain situations (emphasis being placed on Misrepresentation, Mistake, Impossibility & Restraint of Trade). We adopt a reasonably practical approach to the subject-matter, as opposed to undertaking a theoretical evaluation of the rules of Contract in terms of their contextual, developmental and economic role in modern society. Consequently, the materials covered in seminars involve hypothetical fact situations that require the proffering of advice and guidance to clients through the use of appropriate problem-solving techniques. How is the module assessed? Examination: 50% 2 hour exam. Coursework: 50% 1 piece of coursework in December (either prepared in advance or produced within the space of 2hrs/ joint submission allowed) and 1 x Multiple-Choice Test in March/April - focusing on two topics that have been covered in the 2nd term. These two assessments are equally weighted (25% each). Criminal Law (30 credits) Module Title: Criminal Law Module Code: UJUTD3-30-1 Module Leader: Jane Rees Email Address: Jane.rees@uwe.ac.uk Telephone No: 0117 32 82328 Room No: 3A001 LEVEL 1 What is the module about? This is a level one course. The aims and objectives are: 1. To provide students with a good understanding of the extent, scope and limitations of the Criminal Law and the background against which legislation is enacted and doctrinal debates within the criminal law take place. 2. To develop research skills by requiring the student to conduct detailed research into topic areas being taught on the course; this research ability to be tested by way of an open book examination. 3. To develop skills in legal problem solving, logic and precision in legal analysis, and the ability to apply legal principles to practical situations. 4. To produce students who have developed an understanding of a number of areas of the substantive criminal law and are able to analyse critically existing law and proposals for reform. 5. To develop students oral, written, research, presentation, group working and computing skills. The criminal law course examines a number of criminal law offences in detail. It examines how criminal liability arises and looks critically at the structure of criminal law defences. The role of policy in the formation of the criminal law is considered in some detail in relation to specific offences and defences. There is a concentration in workshops on acquiring hands on research, written and presentation skills. How is the module assessed? Coursework: 50% Coursework 1 A piece of written work whereby the student applies their knowledge and understanding of the criminal law to a problem scenario or essay question (1500 word limit) 30% Coursework 2 A piece of reflective work that examines an aspect of work that has been carried out within workshops (1000 word limit) 20% Assessment under controlled conditions: 50% Open Book Examination 2 hour examination that will have a mixture of essay questions, multiple choice questions and short answer questions. Prerequisites: Entrance requirements LEVEL 2 MODULES Civil Liberties (30 credits) LEVEL 2 Module Title: Civil Liberties Module Code: UJUUJN-30-2 Module Leader: Please contact Mark O’Brien for further information on this module. Email Address: Mark.O’Brien@uwe.ac.uk What is the module about? This module critically examines the subject of civil liberties, locating the law in this sphere in its ‘real world’ legal, socio-legal, philosophical and political settings, and subjecting it to scrutiny from a range of perspectives – these include consideration of such issues as: (i) the foundations of civil liberties and human rights, and the concept of privacy; (ii) public order law - the appropriate ‘balancing’ of a right to protest with a right to peace and tranquility, and how the law resolves this issue; (iii) an exploration of the ‘rights of man’ versus ‘the rights of citizens’ (i.e. are individual rights more important than wider societal rights, and differing perspectives on this); (iv) terrorism and the law; (v) The limits (if any) on free speech, and government secrecy (vi) civil liberties and the legal regulation of free speech, exploring privacy rights, pornography and obscenity laws; the impact of developments such as social media on the law and practice in these areas. The focus of the module is on helping students develop an understanding of the law and practice in this sphere, developing critical skills and an ability to reflect on the issues raised by the law and practice of civil liberties. How is the module taught? The module is taught via a 3 hour session every week; the content of each session varies according to the subject matter being studied each week, but includes interactive workshops and lectures in a relatively informal environment in order to encourage full discussion, debate and contribution in the above range of interesting, topical and controversial areas of the law. Assessment - Individual essay (3500 words limit) - 50% of module marks (with a linked Individual Research and Philosophical Underpinnings Exercise – an additional 25% of overall module marks (1750 word guide ) - Presentation or Community Engagement Event – (remaining 25% of marks) students can either undertake a short assessed Presentation, or, alternatively, collectively engage in contributing a short piece of work to a University event (more will be said about this aspect of assessment in the options event and please ask me for further information.) Prerequisites: Either UJUUJC-15-1 Legal Method + Law modules at level 1 worth at least 30 credits or 80 credits acceptable to the Law award on which the student is registered. Excluded Combinations: N/A Page 6 Company Law (30 credits) Module Title: Company Law Module Code: UJUUJP-30-2 Module Leader: Dr Sabine Hassler Email Address: Sabine2.Hassler@uwe.ac.uk Telephone No: 0117 32 81349 Room No: 3A28 LEVEL 2 What is the module about? Companies are the cornerstone of much of legal practice as well as commercial and economic life. This module therefore aims at providing a sound understanding of the essential principles of company law and will introduce the essential concepts, rules and elements. On successful completion of this module students will be able to: identify the basic structures and relationships at work in companies; explain the principal legal and non-legal mechanisms affecting those structures and relationships; interpret and use the variety of legal sources applicable to company law and apply these to factual situations; and evaluate the impact of company law on society and the economy. Indicative Syllabus TERM 1 – INCORPORATING A COMPANY Business Organisations and Types of Companies Corporate Personality Promotion and Registration Process Company Officers Company Membership Corporate Governance TERM 2 – RUNNING A COMPANY Meetings and Resolutions Directors’ Duties and Liabilities Corporate Liability Membership Disputes and Minority Protection Raising and Maintaining Capital Winding-up and Dissolution How is the module taught? Lectures: weekly two-hour lectures Seminars: fortnightly two-hour seminars How is the module assessed? Examination: 40% - 2 hour exam Coursework: 60% - 2 pieces of coursework each worth 30% Prerequisites: Either UJUUJC-15-1 Legal Method + Law modules at level 1 worth at least 30 credits or 80 credits acceptable to the Law award on which the student is registered. Excluded Combinations: N/A Page 7 Critical and Legal Reasoning (30 credits) Module Title: Critical and Legal Reasoning Module Code: UJUUJQ-30-2 Module Leader: Evadne Grant Email Address: Evadne.grant@uwe.ac.uk Telephone No: 0117 3282814 Room No: 3D23 LEVEL 2 What is the module about? The module focuses on developing the thinking and critical skills required to make a good lawyer. Starting with critical reasoning in its broadest sense, the module uses a workshop mode of delivery to teach students key analytical skills. Moving on to examine the formal structure and nature of legal reasoning then allows students to focus in more depth on the precise modes of reasoning employed in law and judicial reasoning in the context of a legal case. Finally the course engages with views of legal reasoning and teaches students to think reflectively and critically about the nature of the discourse that they are a part of when they study and practice law. In short, this module teaches argument: the skills of argument, the nature of arguments in the legal setting, and the critique of argument and legal reasoning. This module makes explicit the skills often assumed in other law modules. It will therefore equip any student taking it with the ability to improve their overall performance in law and legal reasoning, and complements all other existing undergraduate law courses. How is the module assessed? Examination (1.5 hours) - 30% Coursework – case analysis (minimum of 3000 words, maximum of 4000 words) - 70% Prerequisites: 75 Credits of which 30 should be in Law Subjects Page 8 Dispute Resolution Skills (30 credits) Module Title: Dispute Resolution Skills Module Code: UJUUJJ-30-2 Module Leaders: Rachel Wood and Emma Whewell Email Address: LEVEL 2 Rachel.Wood@uwe.ac.uk and Emma.Whewell@uwe.ac.uk Telephone No: 0117 32 82716 and 0117 32 83897 Room No: 3D02 and 4C025 What is the module about? Effective dispute resolution beyond the court room has a key role to play in the modern justice system. Recent UK governments have signalled their desire to extend the use of alternative dispute resolution through the Jackson reforms to the civil justice system which came into effect in 2013. . In addition the UK has signed up to a European Directive aiming to promote use of mediation in civil and commercial matters. Dispute resolution is clearly a growth area for legal practice. This module will encourage students to explore and develop their understanding of the theory and practice of dispute resolution approaches with the aim of equipping them with key skills which they will be able to use in their future legal careers. In the initial stage of the module, students will gain a grounding in core legal skills which will include interviewing, drafting and case analysis. Students will then progress to explore in more depth the theory and skills involved in the practice of negotiation, mediation, arbitration and advocacy. An ability to identify and respond appropriately to ethical issues arising in practice will be developed throughout. The module also aims to enhance student understanding of the ways in which black letter law is applied in the context of contemporary legal practice. The focus of the teaching will be a three hour workshop each week which will be largely practical, making extensive use of case studies and guided interactive exercises. The sessions will also incorporate examination and discussion of the theoretical underpinnings of the different skills and approaches. This module should appeal to students wishing to gain the practical skills and confidence that will help them secure employment in a rapidly developing legal market. How is the module assessed? A portfolio which will be developed throughout the course and will include examples of skills practice (including written and recorded examples), together with a reflective journal. Oral assessment demonstrating effective use of an oral skill developed during the module. Article of up to 2000 words examining a current issue relating to the development of dispute resolution in England and Wales and/ or other jurisdictions. Prerequisites: Study of the law of contract is desirable. Page 9 LEVEL 2 Employment Law (30 credits) Module Title: Employment Law Module Code: UJUUJR-30-2 Module Leader: Tim Angell Email Address: tim.angell@uwe.ac.uk Telephone No: 0117 32 83467 Room No: 3D21 What is the module about? (A brief description of the module content) This module could perhaps more accurately be named ‘Individual Employment Rights’ as it focuses on individual rights rather than collective labour relations. The areas covered in the module include: Employed or self employed? Forms of engagement of labour. Contractual tests for distinguishing contracts. Practical differences. Sources of terms - express and implied. Written statement of terms. Incorporation of collective agreements. Common Law implied terms: employee/employer duties. Protection of employer’s proprietary interests; restraint of trade and confidentiality. Wrongful dismissal and remedies. Statutory employment protection rights, unfair dismissal, qualifications and requirement of dismissal. Statutory situations of automatically fair/unfair dismissal. Potentially fair reasons for dismissal. Procedural fairness, remedies for unfair dismissal. Redundancy dismissal, definition of a redundancy situation. Redundancy consultation, payment, alternative offers. Transfer of undertakings. Elements of discrimination in employment including discrimination on the grounds of sex, disability and age. How is the module assessed? Examination: 100% - 2 x 2 hour exams. Prerequisites: 75 credits of which 30 should be in Law Subjects (must include Contract) Page 10 Environmental Law (30 credits) Module Title: Environmental Law Module Code: UJUUJE-30-2 Module Leader: Benjamin Pontin Email Address: Benjamin.Pontin@uwe.ac.uk Telephone No: 0117 32 82332 Room No: 3B18 LEVEL 2 What is the module about? Thousands of statutory provisions spanning many decades, and hundreds of common law actions over three or more centuries, address the relationship between humans and the wider natural environment in the UK. Some of this law is criminal, some criminal administrative, some civil. Aims of legal interventions include preventing, minimising, and remedying environmental harm. Environmental harm embraces impairment of land, air, water and climate, and of species diversity and their natural habitats. This module offers a general overview of the subjects as a whole, including its principles and scholarly debates, together with a close and selective look at topical subjects. Beyond the syllabus, students have various excellent opportunities to development their portfolio of voluntary action for the HEAR scheme. Students are encouraged (and helped) to participate in CLARS Environmental, which has a number of very large on-going cases. UWE also edits Environmental Law and Management, which sometimes publishes outstanding student-authored work. Each year the cohort will be visited by those outside academia so that we can learn from the ‘outside world’ and the ‘outside world’ learn from us. Each year we aim to secure visits from a green activist, a green politician, and a green media celebrity, with Kevin McLeod of Grand Designs fame signed up to visit us in Autumn 2012 to discuss the relationship between environmental law and green architecture. How is the module assessed? The module is assessed entirely through coursework. 50% of the marks are awarded in respect to a 2000 word essay, the topics for which change yearly. 50% is awarded for a presentation, the topics for which also change yearly. For both coursework components the aim is to get students producing original, topical and interesting assessed work, so that the work is of use beyond the narrow measurement of academic aptitude. Prerequisites: 75 Credits of which 30 should be in Law Subjects Page 11 European Union Law (15 credits) Module Title: European Union Law Module Code: UJUUJB-15-2 Module Leader: Dr Rick Ball Email Address: richard.ball@uwe.ac.uk Telephone No: Rick Ball: 0117 32 82538 Room No: Rick Ball: 4C16a LEVEL 2 What is the module about? The module is designed to introduce students to the intricacies of European Union Law & the remedies available to the Luxembourg Courts. This module is compulsory for a Qualifying Law Degree. Semester one will see information delivered to students via lectures. Building on Public Law, the module includes: 1. Decision making & sources of law 2. Remedies – direct effect & supremacy, remedies (Arts. 258-260, 263, 267TFEU, and State Liability) Semester two will involve students researching and using the information that they discover, and that they have been taught in Semester 1, in practical applications in workshops How is the module assessed? There two elements to the assessment: Component A (25%) A reflective research trail directed at practical skills to be produced under exam conditions Component B (75%) A 3,000 word coursework that will cover the entire syllabus with a hand in date at the end of Semester 2. Prerequisites: 75 credits of which 30 credits should be in law subjects. Page 12 Forensic Evidence (30 credits) Module Title: Forensic Evidence Module Code: USSJT4-30-2 Module Leader: Carolyn Morton Email Address: Carolyn.Morton@uwe.ac.uk Telephone No: 0117 32 82379 Room No: 3A6 LEVEL 2 What is the module about? How evidence is collected at a crime scene, examined in the laboratory and the results interpreted and presented in court. What does it entail? Real science, learning about searching the scene of a crime, types of evidence eg fingerprints, hairs, fibres topics such as document examination, photography, communication of science to a lay audience, fires, explosions, the role of expert witnesses aspects of biology (what is DNA and how is it analysed, biological evidence such as hairs etc) aspects of chemistry and toxicology (how materials are compared and identified eg drugs, poisons, explosives, glass and paint) Who can take it? Any LLB or law/criminology student – NO SCIENCE BACKGROUND IS REQUIRED. Interest, intelligence and a willingness to learn will be sufficient – we explain any basics that you need to know. Students’ performance is linked to effort and general ability (ie performance on other modules) and not to scientific background. Many students have in the past done better on the forensic science module than their other modules. How is it organised? 3 hours per week, including laboratory classes or tutorials on alternate weeks (fingerprinting, analysing drugs, DNA analysis, microscopy – including your own hair) No seminar preparation is required and relatively little background reading – most of the material you need to understand is given in the lectures How is the module assessed? Examination: 50% - 3 hour exam – 4 questions out of 8 – free choice Coursework: 50% 30% - Crime scene examination at our state of the art Crime Scene House at Glenside – the assessment is a record of the examination and reflection on it. 20% - a series of in class multiple choice questions, answered using personal response systems (clickers) on set reading on criminal cases in which forensic evidence has been important. Page 13 LEVEL 2 International Trade (30 credits) Module Title: Module Code: Module Leader: International Trade UJUTG9-30-2 Mayleen Jalleh Email Address: Maylene.Jalleh@uwe.ac.uk Telephone No: Mayleen Jalleh: 0117 9656261 Room No: Mayleen Jalleh: 3B022 What is the module about? (A) Topics for Term 1 The following topics may be covered in Term 1: 1. An Introduction to the Sale of Goods 2. FOB Contracts 3. CIF Contracts 4. Bills of Lading 5. Carriage of Goods by Sea We shall be looking at some Theory in relation to the above topics. We shall also be looking at several Case Studies connected to those Topics; this method should assist the student to have not just a theoretical outlook, but also a practical one allowing her/him to look at a few key documents in this area of the Law. Classes will be taught as workshops of 3-hours long per week. (B) Topics for Term 2 The following topics may be covered in Term 2: 1. Documentary Credits 2. Jurisdiction (C) Main Recommended Texts: th E McKendrick “Goode on Commercial Law” Penguin 4 edition 2010. C Murray “Schmitthoff Export Trade: The Law and Practice of International Trade” Sweet & th Maxwell 12 edition 2012. (NB: Students will also be expected to refer to cases, statutes, conventions, etc.) Note that all topics may not be covered in a particular year How is the module assessed? There will be 2 assessments: 1. A seen/take home assignment/coursework with a maximum word limit of 3,000 words, which will be due at a set date in December. A Case Study will be used. This assessment will form 50% of the marks for this course. 2. An exam in May/June. This will form 50% of the marks for this course. Prerequisites: 75 credits of which 30 should be law subjects. Page 14 Land Law (15 credits) Module Title: Land Law 1 Module Code: UJUUJ9-15-2 Module Leader: Dr Eleanor Harries Email Address: eleanor.harries@uwe.ac.uk Telephone No: 0117 32 82732 Room No: 3B066 LEVEL 2 Module Synopsis The module provides students with an understanding of some of the basic principles of land law. It examines the different types of estate (freehold, leasehold and commonhold) and explains how these estates and the various interests in land (legal and equitable) are dealt with in the case of registered title. This module, when taken together with the Land Law for Practitioners module, will provide students with a knowledge and understanding of the fundamental doctrines and principles which underpin the law of real property in England and Wales. Outline Syllabus 1. What is land? - distinction between fixtures/chattels - what is included in the conveyance of land 2. Interests in land - estates and interests - trusts of land 3. Registered land - the register - registrable interests - minor interests - protection of minor interests - overriding interests - overreaching 4. Co-ownership - devolution of title 5. Leases - creation - termination - running of covenants How is the module assessed? Examination: 100% two hour exam, Part A MCQ section worth 25%, Part B two essay/problem questions worth 75%. Page 15 Law, Film and Literature (30 credits) Module Title: Law, Literature and Film Module Code: UJUUJT – 30 - 3 Module Leader: Rachel Wood Email Address: rachel.wood@uwe.ac.uk Telephone No: 0117 3282716 Room No: 3D2 LEVEL 2 What is the module about? This is an interdisciplinary course that examines the ways in which the law is reflected through literature and film. Students study a variety of texts including novels, short stories, plays, poems and films. Texts range from Shakespeare’s plays to the contemporary poetry of Benjamin Zephaniah. The module offers an opportunity for students to stand back from the specific detail of black letter law and consider wider questions about the role of law in society and the life of the individual. Course content? Themes include the introduction of the law to children through literature; the limitations of revenge (law in embryo); equity and the rule of law (the roles of mercy and judgment); the difficulties involved in legal judgment and the role of narrative in the law. Development of skills? Through close study of short texts students are encouraged to develop critical and analytical skills in interpretation of language. The ability to construct, debate and present argument (in workshops, in an essay for the exam, in writing an online piece and in oral presentation) is a key focus of the module. The aim is to help students develop the effective written and oral communication skills that they will need in future professional roles. Face to face sessions? The module is taught in weekly workshops. Activities vary but include elements of lecture, interactive debate with the whole group and small group working. A small number of sessions are used to view films. The aim is to provide a friendly and supportive environment to encourage thinking and expression of views in debate. Course materials? There is no core text book. Students may choose to buy or borrow copies of the longer literary texts (second hand versions are fine). Shorter texts are provided. Critical reading is recommended for each text and supplied through links in Blackboard or is available through online journals via the library. Independent research is also encouraged. Who should take this module? Law, Literature and Film is a module that is well suited to students who enjoy reading and discussing literature and film, who are interested in developing their critical and communication skills and who would welcome a chance to examine legal issues from a new perspective. How is the module assessed? Examination: 2 hour exam in January. (Semi open book – students may take in annotated texts) Presentation and supporting written argument: 20 minute presentation (including time for questions) in April Supporting outline argument of approximately 1200 words Contribution to an online course Wiki Two contributions to be posted during the course in December and March (of no less than 400 words). Student to nominate one contribution to be graded. Prerequisites: 80 credits, or Legal Methods plus 30 Law credits Page 16 Law of Torts (15 credits) Module Title: Law of Torts 1 Module Code: UJUUKL-15-2 Module Leader: Shilan Shah-Davis Email Address: Shilan.Shah@uwe.ac.uk Telephone No: 0117 32 81312 Room No: 3B066 LEVEL 2 What is the module about? Torts are ‘wrongs’. To be more specific, torts are a collection of civil wrongs concerning wrongful behaviour which lie outside the criminal law, the law of contract and the law of trusts. Broadly speaking, the law of torts governs the question of whether the injured party (i.e. the claimant) may sue the party responsible for the injury (i.e. the defendant) to recover compensation for his/her loss, and, if so, how. Notwithstanding, there is no general principle that defines what is tortious behaviour; rather liability in torts is based upon meeting the specific requirements of the ‘wrong’ committed. The law of torts is a rapidly changing subject-area and students are regularly required to read both primary and secondary sources. Moreover, as the law of torts encompasses an extensive and diverse range of topics, this module will cover negligence, vicarious liability and product liability. How is the module assessed? Two hour open-book written exam (worth 100% of the module mark) where clean copies of lecture handouts and relevant statutes will be provided to the students during the exam. The exam paper is divided into three parts i.e. Parts A, B and C. Part A (worth 25%) will contain 10 multiple choice questions on selected topics. Students must answer all questions in Part A. Part B (worth 37.5%) will contain three essay questions and Part C (worth 37.5%) will contain three problem questions. The questions in these parts will cover any of the topics studied on this module. Students must answer one question from each part. Page 17 Legal Research Project (30 credits) Module Title: Legal Research Project Module Code: UJUUHV-30-2 Module Leader: Martina Gillen Email Address: martina.gillen@uwe.ac.uk Telephone No: 0117 32 82898 Room No: 3D12 LEVEL 2 What is the module about? (A brief description of the module content) This module focuses on student’s ability to formulate a coherent statement of a research problem, test their theory and write it up in a manner appropriate to the legal field. There will be limited formal sessions early on to help students get to grips with formulating a research question and exploring the nature and purpose of a literature review. However, this is very much a student led module offering an opportunity to explore topics of interest and build independent research and workload management skills. Ideally students should come to this unit with a broad idea of the kind of area/areas they would like to focus on in order that it can be assessed whether or not there is available staff expertise to oversee the planned project. We cannot guarantee that any specific topic can be facilitated so students will need to be flexible. How is the module assessed? Coursework: 100% 1) Submission of Research Question and Literature Review (2,000) 25% 2) Oral Examination (Presentation and questions) 15 minutes (25%) 3) Submission of written up project (4,000) 50% Page 18 Migration Law and Policy (30 credits) Module Title: Migration, Law and Policy Module Code: UJUTBA-30-3 Module Leader: Jessica Elliott and Jackie Jones Email Address: Jessica.Elliott@uwe.ac.uk Telephone No: Jessica Elliott: 0117 3282974 Room No: Jessica Elliott: 3C21 LEVEL 2 Jackie.Jones@uwe.ac.uk Jackie Jones: 0117 32 82594 Jackie Jones: 3D020 What is the module about? (A brief description of the module content) Teaching – each week there will be a three hour interactive workshop – split between short lectures, group work and presentations. Content: Migration, law and policy is a hot topic in the news and is seen as an essential ingredient in most people’s lives today. It highlights how globalization works in relation to people’s lives: poverty, disaster, war, human trafficking, people smuggling, forced marriages are some of the topics under discussion as well as human rights, refugees and asylum, and migration for work or study. This module would be a good option for those who are interested in understanding current migration issues and policy around migration and why people move; whether illegally or otherwise. It is particularly applicable for those considering a career as a practicing lawyer, in the third sector, or offering advice in legal centres. This module allows the exploration of the practical application of law and policy to key issues in migration, human trafficking and refugees. Precise course content may vary from year to year, but the abovementioned topics will give a good indication of what to expect. The approach will be to examine the current law, consider recent developments, assess proposals for reform, explore comparative approaches and attempt to identify the theoretical underpinnings of the current legal approach. The course involves areas of law which may have changed considerably in recent years and where the impact of the UN, Council of Europe and European Union is significant. The area is also one which is politically charged and one in which the media and pressure groups have considerable interest. The course will therefore provide students with the opportunity to view the subject within this framework and to consider the extent to which law reform shapes or is shaped by public attitudes. Attendance is extremely important – not only will a good attendance level be vital to help you to develop a critical understanding of a wide variety of legal topics, it will also allow you to develop the good working relationships with fellow class members. Suitability for your chosen career path –if you choose options you are most interested in then you will be more likely to enjoy them and do well, thereby achieving a higher degree classification and getting a better job! So if Migration, Law and Policy sounds interesting and you are interested in the assessment regime we use, make it one of your choices. Additionally many employers want recruits who can work in groups, argue from a given viewpoint, manage their time, weigh up evidence and come to reasoned, sustainable decisions. This module will help you develop all those skills. How is the module assessed? Assessment – there are two assessment methods used on this module, both of which are compulsory. Primarily, students will be asked to rewrite part of a prominent judgment on an area of migration law and policy. This is a written piece of work in the form of part of a judgment which seeks to provide an alternate perspective of a prominent decision in the area of migration law and policy. Secondly, a 2 hour exam (2 questions must be answered in that time period). Page 19 Penology (30 Credits) Module Title: Penology Module Code: UJUTD9-30-2 Module Leader: John Moore/ Email Address: j.moore@uwe.ac.uk, Telephone No: Room No: LEVEL 2 John Moore: 0117 32 82031 John Moore 3L05 What is the module about? Traditionally the study of punishment, penology also looks more broadly at responses to crime. The course starts with a consideration of why we punish: do we aim simply to punish or can we achieve some further objective such as deterrence and/or rehabilitation? We then look at the relationship between these theories and the practice of sentencing through exercises designed to illustrate how the courts go about using their sentencing powers. We explore a range of sentences which includes fines, the community order, imprisonment and the death penalty. Given its central role in the penal system we look in detail at the role and impact of prisons. We hope this will again include an opportunity for students to visit a prison. The Module is taught through interactive lectures and seminars. Many methods of teachings are used including class discussion, class exercises, audio visual, guest lectures and traditional lecturing. This course is taught through a weekly 2 hour lecture and a fortnightly seminar. Teaching on this module is delivered by John Moore (Criminology),and Ed Johnston How is the module assessed? Essay: 35% Portfolio 35% Presentation 30% Prerequisites: 75 credits of which 30 should be in Law Subjects Page 20 Public International Law (30 credits) Module Title: Public International Law Module Code: UJUUJU-30-2 Level: 2 Module Leader: Noëlle Quénivet Email Address: Noelle.Quenivet@uwe.ac.uk Telephone No: 0117 32 82137 Room No: 3A28 LEVEL 2 What is the module about? The course introduces students to the main concepts, rules, elements, and institutions of international law. The course is taught by way of 2-hour lectures every week and 2-hour workshops every fortnights. Lectures provide the students with basic knowledge of PIL while workshops focus on the assignments (i.e. preparation for the January exam and preparation for the forum assessment). Term 1: 2. Sources of International Law 3. Personality and Recognition 4. Sovereignty and Jurisdiction 5. Peaceful Settlement of Disputes 6. Responsibility of States Term 2: (possible themes) 7. International Human Rights Law 8. Use of Force 9. Collective Security 10. International Humanitarian Law 11. International Criminal Law 12. Law of the Sea 13. International Economic Law 14. International Environmental Law How is the module assessed? Examination: 1.5 hour exam – 30% Forum discussion: 800 word blog, comments on other students’ blogs and 600 word reply to comments – 70% Page 21 Sexual Offences & Offending: (30 credits) LEVEL 2 Module Title: Sexual Offences & Offending: Criminal Justice Responses Module Code: UJUUJW-30-2 Module Leader: Phil Rumney Email Address: phil.rumney@uwe.ac.uk Telephone No: 0117 3282326 Room No: 3B006 What is the module about? (A brief description of the module content) The purpose of this module is to examine the treatment of sexual offences within the criminal justice system. The module examines a range of issues, including police and court responses to rape, child sexual abuse, witness protection, the impact and limits of legal reform, legal responses to prostitution, the possession and distribution of child pornography, prostitution and consensual sexual offences and how the justice system has responded to the risk posed by sex offenders living in the community. The focus of this module is on how legal rules are interpreted and enforced by the criminal justice system. This has the advantage of examining the criminal justice system as it operates in practice, rather than simply as a set of abstract procedures and processes. In addition to lectures and fortnightly seminars, in 2014-15 the module will include guest speakers who work with victims and perpetrators of sexual violence. It will also make use of social media to increase accessibility to relevant material. The module Twitter account is entitled: @phil_rumney This module is relevant to anyone with an interest in this thought-provoking subject area and those interested in working within the criminal justice system. How is the module assessed? Examination: two hour exam – 60% Coursework: 3000 word essay – 40% Prerequisites: 75 credits of which 30 should be in Law Subjects Excluded Combinations: None Page 22 LEVEL 2 Sports Law (30 credits) Module Title: Sports law Module Code: Module Leader: UJUUJG-30-2 Marcus Keppel-Palmer / Stephen Thacker Marcus.Keppel-Palmer@uwe.ac.uk Stephen.Thacker@uwe.ac.uk Email Address: Telephone No: 0117 32 82215/ 0117 32 82021 Room No: 3D15 and 3D20 What is the module about? Sports Law is a growing area in practice with a number of Law Firms having a greater input in this area. Some firms specialise in Sports Law, some merely act for sports clients and bodies. An example of the former is Onside Law in London, set up by a former UWE graduate, while local examples of the latter include Ashfords, Osborne Clarke, Foot Anstey and Clarke Willmott & Clarke. In addition to legal jobs, there are opportunities working in sports agency, sports marketing and management, sports clubs and regulatory bodies that organise sport (like the Olympic committee, FIFA, UEFA, the Rugby Union). There is a debate whether Sports Law is an area of law in itself or the study of how Law interacts with sport and its participants. There is no doubt that sport is a strong national and international concern drawing in millions of participants and viewers. SYLLABUS OUTLINE: a) The regulation and governance of Sport – issues relating to rules; the relationship between the Law and the internal governance of sport; actions against governing bodies; broadcasting rights; b) The commerciality of Sport – issues relating professional sport vs amateur sport; match fixing, gambling and corruption in sport; exploitation of branding rights and intellectual property rights (e.g. World Cup/ Olympics); c) Sport and participants – Anti-doping procedures; Employment rights, especially in relation to the football transfer system and the Bosman decision; equality and discrimination (including gender equality, racism, homophobia) and d) Sport and safety – violence on field; liability of referees, players, governing bodies and coaches; safety of children; safety of spectators and stadia; hooliganism As Sports law is a very topical area, the course will normally endeavour to look at current and new topics as they arise. As such, not every topic will be covered in lectures every year. How is the module assessed?* Teaching and Learning will be through weekly lectures and fortnightly problem-based workshops. Most of the reading is available online through journals and references to the actual sports bodies themselves. It is intended that students will get a book (currently “Sports Law” by Gardiner (Routledge)) which will cover all basic reading. Lectures and workshops will be given by Marcus Keppel-Palmer and Stephen Thacker. It is hoped that guest lecturers from the profession and the sports industry will supplement this. The course will be assessed by a 1 hour exam and a group presentation/project. Prerequisites: 80 credits, or Legal Methods, Professional Skills plus 30 Law credits Page 23 LEVEL 3 MODULES Page 24 Advanced European Union Law (15 credits) Module Title: Advanced European Union Law Module Code: UJUUK3-15-3 Module Leader: Christian Dadomo Email Address: Christian.dadomo@uwe.ac.uk Telephone No: 0117 2382350 Room No: 4B016a LEVEL 3 What the module is about? Building on the level 2 EU law module, this module will provide students with the opportunity to study in depth and in context certain areas of Substantive European Union Law. On completion of this module students should be able to demonstrate a critical knowledge and understanding of European Citizenship and free movement of persons, freedom of establishment and freedom to provide services, and free movement of goods. The module will cover: European Citizenship and Free Movement of Workers • • • • European Citizenship & Non-Discrimination – Articles 18-25 TFEU Article 45TFEU The Citizenship Directive – Free Movement Rights The Citizenship Directive – Restrictions on the Right to Free Movement Internal Market and Right of Establishment and Free Provision of Services • • • • Articles 49 – 55 TFEU Articles 56 – 62 TFEU Services Directive 2006/123/EC The Right to provide services and to establishment for lawyers Internal Market and Free Movement of Goods • • • • • Internal Market and Harmonisation Articles 30 & 110 TFEU Articles 34 & 36 TFEU Article 34 TFEU – Cassis de Dijon Article 34 TFEU – Keck and current developments How is the Module assessed This module will be assessed using a summative assessment namely a research project at the end of semester two. There will be one piece of coursework, maximum 5000 words based on the core knowledge and concepts delivered under of the syllabus in both semesters. This will test the students ability to analyse and solve problems in European Union substantive law. There will be a maximum of 2000 words out of the 5000 maximum words for student to reflect upon the process and development of their learning and research within this component (research trail). The Research Trail will be weighted at 40%, and the question set will be weighted at 60% Prerequisite European Union Law UJUUJB-15-2. No co-requisites Page 25 Advanced Law of Torts Module Title: Law of Torts 2 Module Code: UJUUK5-15-3 Module Leader: Shilan Shah-Davis Email Address: Shilan.Shah@uwe.ac.uk Telephone No: 0117 32 81312 Room No: 3B066 LEVEL 3 What is the module about? The law of torts is a vast subject-area and covers anything from neighbours spending thousands of pounds fighting over a few inches of land to celebrities trying to conceal their extramarital affairs. It is an area of the law that affects all sorts of people every single day. As it is not possible to cover all the areas falling under the law of torts, this module will concentrate on topics that are of significance in contemporary society and particularly useful for those wishing to practice law. The topics covered are: Premises Trespass to land Nuisance Remedies Defamation How is the module assessed? Two hour open-book written exam (worth 100% of the module mark) where clean copies of lecture handouts and relevant statutes will be provided to the students during the exam. The exam paper is divided into three parts i.e. Parts A, B and C. Part A (worth 25%) will contain 10 multiple choice questions on selected topics. Students must answer all questions in Part A. Part B (worth 37.5%) will contain three essay questions and Part C (worth 37.5%) will contain three problem questions. The questions in these parts will cover any of the topics studied on this module. Students must answer one question from each part. Prerequisites: Law of Torts 1 (UJUUKL-15-2) Page 26 LEVEL 3 Commercial Law Module Title: Commercial Law Module Code: UJSTK6-30-3 Dr Nicholas Ryder Module Leaders: Lachmi Singh Nicholas.Ryder@uwe.ac.uk Email Address: Lachmi.Singh@uwe.ac.uk Telephone No: 0117 32 81349 Room No: 4D1 What is the module about? (A brief description of the module content) Commercial Law is divided into 4 parts. Part 1 – White Collar Crime The first part of the module deals with white collar crime. This includes money laundering, fraud, terrorist financing, market abuse, insider dealing and the relationship between the ‘Global Financial Crisis’ and white collar crime. Part 2 – Banking and Finance Law The second part of the module examines the banking regulatory policy adopted by the Bank of England, the Financial Services Authority and the Financial Conduct Authority. This part of the module also consider the impact and causes of the ‘Global Financial Crisis’ and discusses the impact of several financial scandals. Part 3 – The Law of Agency The third part examines the relationship between a principal, agent and third party. Part 4 – Sale of Goods The final part of the module considers the rights, duties and obligations of the parties under the common law and the provisions of the Sale of Goods Act 1979. The passing of risk and property under the contract are also examined. How is the module assessed? Examination: 50% - 2 hour part-seen exam. Coursework: 50% - 1 essay – 2,000 words; 1 MCQ online test. Page 27 Company Law in Context Module Title: Company Law in Context Module Code: TBC Module Leader: Dr Sabine Hassler Email Address: Sabine2.Hassler@uwe.ac.uk Telephone No: 0117 32 81349 Room No: 3A28 LEVEL 3 To meet the demand for Company Law the Department of Law is introducing a version of the module for final year students. The module leader is currently away from the University so to give you an idea of what content will be covered please refer to the description of Company Law at Level 2, however the assessment will be more advanced to meet Level 3 learning objectives. Excluded Combinations: Company Law Level 2 Page 28 Comparative Constitutional Law (30 credits) Module Title: Comparative Constitutional Law Module Code: UHUUH7-30-3 Module Leader: For queries please contact Mark O’Brien Email Address: Mark.o’brien@uwe.ac.uk LEVEL 3 What the module is about Constitutions of a range of different countries will be compared and contrasted, to see how and why they differ in nature, substance and operation. The main focus will be upon democracies. We will consider countries such as Canada, Estonia, Poland, South Africa, the U.S.A and the U.K. We will examine the influence of a variety of factors in the shaping of a country’s constitution. For instance, what about a country scarred by invasion, occupation or poverty? What of a nation of different peoples or a variety of cultural identities? Why are some countries and their constitutions ‘new’ and some ‘old’ and what difference does this make? Why have some nations had many different constitutions over time and how does this affect? Why have some countries started afresh with a new constitution and how has it mattered? What of external influences such dominance, oppression, being land-locked by powerful neighbours? The course will examine the development and significance of different constitutional frameworks, for instance written and unwritten constitutions, unitary and federal, monarchy and republic. Concepts and principles such as the separation of powers, the rule of law and the social contract between citizen and state will be examined, with practical application nation to nation. How, in each country, is the law enforced? What kind and degree of protest is allowed? Where is the balance drawn between competing human rights such as free expression and privacy? Just how powerful and prevalent is the Government, police, the state? How is power shared between judges and politicians? We will also try to predict the future in likely constitutional developments. Will Sharia law or Beth Din courts have an enhanced role in the U.K? If Turkey joins the E.U, will its village practice of punishing wrong-doing by exile without trial survive the encroachment of ‘western’ legal traditions and principles and likely human rights challenge? Can & will the U.S gun law change? Study The Teaching & Learning ethos of the module will be to help and to encourage you to flourish in pursuing your particular interests in the subject area, both for study and assessment. There will be a core of Lectures, Seminars and one-to-one drop-in clinic sessions to support your research. Assessment Two assessments, weighted 50: 50 For both assessments students are given a wide-ranging choice of countries and topic areas The first assessment is a course-work essay, 3500-word maximum, submitted late Autumn / Page 29 early Spring term The second assessment is an individual Oral Presentation (70%) at year-end, comprising a 15-minute Presentation with a 5-minute follow-up Question (30%) There is no Exam Page 30 Criminal Justice (30 credits) Module Title: Criminal Justice Module Code: UJUTD3-30-3 Module Leader: Ed Cape Email Address: Ed.Cape@uwe.ac.uk Telephone No: 0117 32 82899 Room No: 3C13 LEVEL 3 What is the module about? Criminal Justice deals with highly topical issues that feature prominently in the news media on a daily basis – think about the August 2011 riots, the arrests of Sun newspaper journalists, the treatment of Occupy protesters, the trial of Harry Redknapp, etc., etc. The primary aim of the course is to critically examine criminal procedure England and Wales from a socio-legal perspective – how the law regulates police powers and the trial process, how the processes work in practice, and how they impact on those who are involved in them. The primary text for the module, Criminal Justice, written by three well-known academics, is lively and thought-provoking. Why you should consider Criminal Justice You should consider the Criminal Justice module if you have an interest in criminal law and processes, police powers, human rights and social justice. It is particularly relevant if you are considering a career as a practicing lawyer, as a police officer, in any of the criminal justice agencies, or in non-governmental organisations concerned with rights and justice. It will also appeal to anyone interested in how ‘the law’ works in a practical context. Teaching The module is taught by Professor Ed Cape, who is the author of major texts for criminal lawyers and who has long been engaged in empirical criminal justice research, together with Richard Edwards ( a human rights specialist) and Ed Johnston (a PhD student), with occasional lectures by outside speakers such as a Crown prosecutor and a solicitor who works on miscarriage of justice cases. It is taught through a two hour lecture each week, and a seminar every fortnight. Module content The course broadly follows the chronology of the criminal justice process, from arrest to appeal. It begins with an introduction to some of the key theoretical approaches to criminal justice, and to the human rights and European Union contexts. It then goes on to examine a number of key police powers such as stop and search, and arrest, examining the way in which the law regulates them, the statistical and research evidence illustrating how they work in practice, and the issues arising from them such as the ways in which the police exercise their discretion and their disproportionate use. It continues with an examination of the regulation of the investigative stage of the criminal process, and at some of the key issues such as the police treatment of suspects, the ‘right to silence’, disclosure, confessions and remands before trial. It then goes on to look at issues concerning both magistrates’ courts and the Crown Court, before finishing with an examination of appeals and miscarriages of justice. How is the module assessed? Examination: 50% - 3 hour exam. Coursework: 50% - 2 essays, with the better of the two marks counting towards the overall mark. Prerequisites: 120 credits 60 of which should be in Law Subjects Page 31 LEVEL 3 Cyberlaw (30 credits) Module Title: Cyberlaw Module Code: UJUTKA-30-3 Module Leader: Stephen Thacker Email Address: Stephen.Thacker@uwe.ac.uk Telephone No: 0117 32 82021 Room No: 3L15a What is the module about? Cyberlaw is an exciting, developing area of law. In addition to examining a range of legal developments, this module explores the emergent themes in their social-legal contexts to give a deeper and interesting, ‘real-life’ understanding of a range of relevant areas. Cyberlaw, therefore, seeks to develop an understanding of the laws governing the use and operation of communications technologies including the internet and all digital processing devices, or more imaginatively the laws governing ‘Cyberspace: :the developing borderless world of virtual persons and virtual property. In addition, the module explores the reasons for the introduction of regulation, the effectiveness of legislation and so forth, fostering a deeper understanding of the sphere. SYLLABUS OUTLINE: REGULATION OF CONTENT: An examination of specific laws and initiatives including National, EU and International controls over materials made available through digital technologies. Particularly the controls over: Defamatory material, obscene material, child pornography and other material such as racist and xenophobic material: intellectual property (copyright, patents, and trademarks) and its application to information technology – downloading digital music, domain names etc. ELECTRONIC COMMERCE: An examination of specific National, EU and International controls and initiatives aimed at promoting e-commerce. In particular those relevant to the protection of consumers acquiring goods and services through the use of technology. NETWORK AND INFORMATION SECURITY: An examination of specific laws and initiatives including as and when relevant National, EU and International controls for the protection of information systems (e.g. personal computers, mobile telephones and networks including but not limited to the Internet). Particularly issues such as ‘hacking’, ‘denial of service attacks’, ‘viruses’, interception of communications, malicious misrepresentation and the use of technology to combat crime. PRIVACY: An examination of specific laws and initiatives including National, EU and International controls for the protection of the personal data of information system users. In particular the controls over the collection, use and disclosure of personal data and relevant socio-legal issues. How is the module assessed?* The module is assessed by way of:A 2500 word essay (35% of total module assessment)A written research plan, 1250 word guide length, in which you get the opportunity to explain and reflect upon what and how you have undertaken research for the above essay (15% of total module assessment: A 2 hour examination, consisting of 3 questions (50% of total module assessment) Prerequisites: 120 credits of which 60 are Law credits Page 32 Dissertation LEVEL 3 Module Title: Dissertation Module Code: UJUTA7-30-3 Module Leader: Rachel Fenton Email Address: Rachel.Fenton@uwe.ac.uk Telephone No: 0117 32 83091 Room No: 3D17 What is the module about? A dissertation is an essay of about 12 000 words which explores a topic of your choosing in great depth through independent research, with the guidance of a supervisor. If you wish to apply to do a dissertation you must fill in the Proposal Form and submit it by 3rd March 2014. You will find the form and guidance under the folder ‘Dissertations’ on the Undergraduate Modular Blackboard Scheme How is the module assessed? Progress Report – 15% semester 1 Dissertation – 85% semester 2 Page 33 Education and the Law (30 credits) Module Title: Education and the Law Module Code: UJUUH5-30-3 Module Leader: Emma Whewell and Kathy Brown Email Address: Emma.Whewell@uwe.ac.uk; Kathy.Brown@uwe.ac.uk Telephone No: 0117 32 83897; 0117 32 83302 Room No: 4C025/ 3A01 LEVEL 3 What is the module about and why should you think about taking it? This module provides you with a great opportunity to develop your existing research and analytical skills as well as your powers of persuasion and confidence. It’s also very topical and a lot of fun! We will examine a wide range of issues relating to education in schools, colleges and universities, how and why the law regulates those issues, and how disputes arise and are solved. To do this, we will explore the “right to education”, the different types of provision and educational establishments, access to education, special educational needs, inclusion, equality, safeguarding, educational content, cultural pluralism, behaviour, exclusions and governance. These topics in turn cause us to address such issues as university fees, home education, health and safety, child protection, bullying, religion, school uniforms and sex education. We employ a lot of film to help us to generate ideas and to get to grips with a new topic. We use case studies, statutes, statutory instruments, cases, codes of practice, discussions and debates to help us to think critically about the law and its socio-political drivers, and to enable us to apply the law in a practical way so that we can give clear, accurate advice. The module is taught via weekly workshops. If you’d like to learn about a relatively new area of litigation, enjoy lively discussion and might even be thinking about becoming a solicitor or barrister, this could just be the module for you! How is the module assessed? 1 Examination (50%): 2 hour exam. Coursework (50%): One 2500 worded essay plus an annotated bibliography of up to 1000 words Prerequisites: 80 credits, including Legal Methods and at least 30 Law credits 1 Subject to the approval of the appropriate regulatory body. Page 34 LEVEL 3 Equity and Trusts (30 credits) Module Title: Equity and Trusts Module Code: UJUTK4-30-3 Module Leader: Richard Clements Email Address: Richard.Clements@uwe.ac.uk Telephone No: 0117 32 82964 Room No: 4D02 What is the module about? A trust is an arrangement where trustees look after property on behalf of beneficiaries. It is a device commonly used by the wealthy to organize their property holdings in the most tax efficient way, but a trust can also occur in everyday circumstances, such as the shared ownership of a home. In a typical year we might look at how trusts are formed and how they are run, how property is transferred during life and after death, charities, the family home, pensions and how trust property may be recovered when it has been fraudulently taken. This is a Level 3 module and if you want a Qualifying Law Degree for any common law jurisdiction, including England and Wales, you must take this module. The subject involves a fair amount of case law which is why it is a definite advantage to have previously taken a case law heavy module such as Contract Law. Most Equity and Trusts textbooks assume that the reader is familiar with Land Law terminology, so again it is an advantage to have studied Land Law before. Teaching is through the medium of a two hour lecture each week and a two hour workshop every two weeks. How is the module assessed? Examination: 60% - 3 hour exam Coursework: 40%. In the first term there is a multiple choice test consisting of 25 questions, covering that term’s work. The mark for this test is worth 15% of the total mark for this module. In the second term there is a choice of one of two essay or problem questions. The maximum length is 2000 words. The mark for this work is worth 25% of the total mark for this module. Prerequisites: 200 credits which must include Law of Contract, UJUTN3-30 OR Land Law, UJUUJ915-2. Excluded Combinations: None Page 35 European Human Rights (30 Credits) Module Title: European Human Rights Module Code: UJUTG7-30-3 Module Leader: Richard Edwards Email Address: Richard.Edwards@uwe.ac.uk Telephone No: 0117 32 83387 Room No: 3B005 LEVEL 3 What is the module about? This level 3 module covers the Human Rights Act and the application of the European Convention on Human Rights in the legal systems of the UK, primarily England and Wales. We begin with a thorough examination of the Human Rights Act 1998, its background and problems related to its effect and application. We then move on to look at the individual Convention rights and how they have been applied. We examine in depth the right to life (use of lethal force by the state, shoot to kill, deaths in custody), the prohibition on torture (prison conditions, custodial abuse, torture, deportation, extradition), the right to liberty (arrest and detention), the right to a fair trial and the principle of legality, privacy (press freedom and privacy, sexual privacy, the environment), free speech (hate speech, pornography, insults etc.) and protest. All of these areas are challenging, contemporary, controversial and fast moving. How is the module assessed? Examination: 75% Three hour exam. Three from nine questions including a compulsory question on criminal justice and the ECHR/HRA. Limited open book exam. Candidates are allowed to take a folder of their own work into the examination. Coursework: 25% Better of two coursework rule applies. Coursework one is an essay. Coursework two is a problem question. Prerequisites: 120 credits of which 60 should be in Law Subjects Page 36 Evidence (30 credits) Module Title: Evidence Module Code: UJUTD8-30-3 Module Leader: James Lloyd Email Address: James2.Lloyd@uwe.ac.uk Telephone No: 0117 3283719 Room No: 3D13 LEVEL 3 What is the module about? When presented with problem questions in other law modules, you are generally given a set of facts and asked to analyse and to apply the relevant law. However, when a case goes to court it is rare for the parties to agree the facts. Often the first task of the court is to decide what actually happened. The law of evidence is the law that regulates how disputes of fact can be resolved. It is sometimes the case that seemingly relevant evidence is not admissible in court. That may be because of a statutory or common law rule; or because the judge, exercising his or her discretion, has ruled that it cannot be admitted. When a rule states, or a judge decides, that seemingly relevant evidence is not admissible it will invariably be because one competing interest or set of interests has prevailed over another. The creation of these rules and the exercise of a judge’s discretion is therefore often a highly controversial process. Take, for example, the law which governs the crossexamination of victims of alleged sexual assaults as to their past sexual conduct. The common law developed a set of principles which regulated such questioning. Parliament intervened so as to limit the questioning routinely allowed by the judges and to tip the balance in favour of the victim. In doing so Parliament to an extent infringed the defendant’s right to a fair trial guaranteed by Article 6 of the European Convention and it fell to the Law Lords to adjust the balance back again. The law of evidence does not therefore involve only a consideration of the rules and of how judges exercise their discretion. It also involves an evaluation of the law and of how it has developed in the context of shifting policy considerations and of the overarching principles embodied in the European Convention. Whilst this module touches upon the law of evidence in civil cases, its emphasis is very much on the law as it governs criminal cases. If you intend to study one of the professional courses after your LLB, studying the evidence module will give you a secure grounding for work you do on the professional courses, particularly the BPTC. The rules of criminal and civil procedure impact on the law of evidence to a significant degree but the evidence module on the LLB is not an attempt to mimic an evidence course on one of the professional courses. You will study evidence from an academic viewpoint as indicated earlier. Thus, students who do not wish to become professional lawyers will also find the evidence module of interest and it will further develop your skills of analysis, evaluation and argument. How is the module assessed? Examination: 50% - 2 hour exam. Coursework: 50% - 2 equally weighted essays. Pre-requisites: 120 credits of which 60 should be in law subjects Page 37 Family Breakdown (30 credits) Module Title: Family Breakdown Module Code: UJUTK7-30-3 Module Leader: Sue Heenan Email Address: Susan.Heenan@uwe.ac.uk Telephone No: 0117 32 83707 Room No: 3C23 LEVEL 3 What is the module about? 1. To enable the student to develop a knowledge and understanding of the main substantive areas of family law. 2. To provide students with a structure within which to critically examine the development of the Law by reference to the impact of historical, social and economic factors. 3. To develop an appreciation of the legal remedies available and the overlap between these remedies. 4. To develop a student’s ability to apply the relevant legal principles to different factual situations in a precise and practical manner. 5. To provide students with a range of opportunities to fulfill and to demonstrate the fulfillment of the above aims, operating both as individuals and as members of small groups. The coverage accorded to any particular topic may vary from year to year. This has the advantage of permitting a degree of topicality to be achieved in the teaching and study of a fast moving area of law. How is the module assessed? Examination: 70% - 3 hour exam. Coursework: 30% - Better mark of two pieces of coursework. Prerequisites: 200 credits of which 60 should be in Law Subjects Page 38 Gender and the Law (30 credits) Module Title: Gender & The Law Module Code: UJUTA9-30-3 Module Leader: Jackie Jones Email Address: Jackie Jones: Jackie.jones@uwe.ac.uk Jackie6jones@gmail.com Telephone No: Jackie Jones: 0117 328 5465 Room No: LEVEL 3 Jackie Jones: 4B29A What is the module about? Gender and Law considers whether the law is always applied impartially to those before it. Both historically and continuing today, there is evidence that one’s sex, gender, race, ethnicity and sexuality can impact upon the rights, opportunities or treatment one can expect from our legal system. To this end, we discuss and analyze a wide range of related contemporary issues, including equality, domestic abuse, honour crimes, human trafficking, intersections of race, disability, ethnicity and gender, abortion and other topical issues of the students’ choice. If you have ever wondered why the issue of consent is so controversial in cases of rape, whether homosexual couples should be free to marry, how good the prospects are for women in the legal profession or how pregnancy and motherhood are becoming ever more closely regulated, Gender and Law may be a good choice for you. Gender and Law raises many socio-legal questions about the place and operation of law today. Reflecting this, you should be prepared to read a wide range of academic material to help develop a critical understanding of the questions raised. This course gives you the option to undertake a project/internship with an NGO instead of writing yet another essay (50% of your mark). You could write an official report, advocate, go to the United Nations (self-funded – sorry), organise a conference/workshop, facebook page/twitter information on behalf of an NGO, or something you come up with within the remit of the course. It therefore gives you the opportunity to gain some experience in the Third Sector. We invite many guest speakers, specialists in their field, including the UN Special Rapporteur on Violence against Women, partners in law firms, former students working in NGOs, the police, feminist activists. If you have any questions, contact the module leader, Jackie Jones. How is the module assessed? Examination: 50% 2 hour exam. Coursework: 50% one 3000 word essay or project Prerequisites: 120 credits of which 60 should be in Law Subjects Page 39 Globalisation, Trade and Natural Resources (30 Credits) Module Title: Globalisation, Trade and Natural Resources Module Code: UJUUH4-30-3 Module Leader: Elena Blanco and Jona Razzaque Email Address: Elena.Blanco@uwe.ac.uk; Jona.Razzaque@uwe.ac.uk LEVEL 3 Elena Blanco: 0117 328 2269 Telephone No: Jona Razzaque: 0117 328 3388 Room No: Elena Blanco: 3B004; Jona Razzaque: 3B058 What is the module about? The module provides students with the opportunity to study the phenomena of globalisation and its legal implications. The first part of the course examines how globalisation fits in the structure of national and international law. Trade is the basis of globalisation and this course focuses on the main actors and structures that make world trade possible. Multinational Corporations, which have emerged as possibly the strongest and least regulated actors in this transnational space, are looked at from a variety of perspectives. The second and third part of the course discusses the implications of globalisation for a range of areas such as sovereignty, natural resource management and international trade. This part explores the law on natural resources in relation to its wider political, ecological and economic context. The last part of the course evaluates different mechanisms for compliance and enforcement of rules related to trade and natural resources. This module is taught by means of weekly interactive three hours lecture/ workshop. In lectures, we encourage active participation from students and get students to work in groups, giving feedback on exercises where appropriate. Apart from the materials available in the library, the students are expected to look at source materials found in the Internet. As for assessment, students are offered 1 individual presentation to take place in term 2 and 1 individual piece of coursework. Topics for presentations and extended essay are chosen by the student from a list supplied by the lecturers. Students are given the opportunity to do a mock presentation for feedback purposes only before they are formally assessed. How is the module assessed? Examination: 30% - individual presentation Coursework: 70% - 1 essay Lecturers will provide detailed guidance for all the assessment elements. Prerequisites: 80 credits or Methods, Procedure & Systems + 30 law credits Excluded Combinations: None Page 40 Intellectual Property (30 Credits) Module Title: Intellectual Property Law Module Code: UJUTKB-30-3 Module Leader: Dr Rick Ball Email Address: richard.ball@uwe.ac.uk Telephone No: 0117 32 82538 Room No: 4B016a LEVEL 3 What is the module about? Intellectual property law is of great importance both to the person who wishes to exploit his intellectual produce but also to the commercial vitality of the economy. It is a vibrant, fast-moving and frequently controversial area of law that is rapidly becoming a key component in commercial practice. Traditionally it has been confined territorially to the UK but now it has expanded into Europe and onto the international arena. When you study IP you will learn about trademarks, passing off, copyright and patents in a traditional learning environment but you will also research two areas of law, breach of confidence and design rights that will equip you with the skills for working in the law or in the commercial world. The exam is open-book – you are allowed to take in a statute book and an A4 file of notes. How is the module assessed? Examination: 75% 3 hour exam. Coursework: 25% 2 research-based essays, with the best mark of one essay counting as the coursework mark. Prerequisites: 120 credits of which 60 should be law subjects Excluded Combinations: None Page 41 The Law of International Trade (30 credits) Module Title: Module Code: Module Leader: The Law of International Trade Email Address: Maylene.Jalleh@uwe.ac.uk Telephone No: Mayleen Jalleh: 0117 9656261 Room No: Mayleen Jalleh: 3B022 LEVEL 3 Mayleen Jalleh What is the module about? (D) Topics for Term 1 The following topics may be covered in Term 1: 6. An Introduction to the Sale of Goods 7. FOB Contracts 8. CIF Contracts 9. Bills of Lading 10. Carriage of Goods by Sea 11. A brief look at Multimodal/Combined Transport We shall be looking at some Theory in relation to the above topics. We shall also be looking at several Case Studies connected to those Topics; this method should assist the student to have not just a theoretical outlook, but also a practical one allowing her/him to look at a few key documents in this area of the Law. Classes will be taught as workshops of 3-hours long per week. (E) Topics for Term 2 The following topics may be covered in Term 2: 3. Documentary Credits 4. Jurisdiction (F) Main Recommended Texts: th E McKendrick “Goode on Commercial Law” Penguin 4 edition 2010. C Murray “Schmitthoff Export Trade: The Law and Practice of International Trade” Sweet & th Maxwell 12 edition 2012. (NB: Students will also be expected to refer to cases, statutes, conventions, etc.) Note that all topics may not be covered in a particular year How is the module assessed? There will be 2 assessments: 3. A seen/take home assignment/coursework with a maximum word limit of 3,000 words, which will be due at a set date in December. A Case Study will be used. This assessment will form 50% of the marks for this course. 4. An exam in May/June. This will form 50% of the marks for this course. Prerequisites: 75 credits of which 30 should be law subjects. Excluded Combination: International Trade (Level 2) Page 42 Land Law II (15 credits) Module Title: Land Law 2 Module Code: UJUUK4-13-3 Module Leader: Eleanor Harries Email Address: eleanor.harries@uwe.ac.uk Telephone No: Eleanor 0117 32 82732 Room No: 3B066 LEVEL 3 What is the module about? Module Synopsis The module builds upon the basic structure of land law covered in the Land Law module and is particularly useful for those wishing to practice law and pursue a career which deals with land. It will flesh out the estates and interests covered briefly in the Land Law module and engage students with more problem-based learning. Outline Syllabus 1. 2. 3. 4. 5. Easements Mortgages of the family home Adverse possession and boundary disputes Freehold covenants Trusts of Land How is the module assessed? Examination: 100% two hour exam, Part A MCQ section worth 25%, Part B two essay/problem questions worth 75%. Prerequisites: Land Law 1 Page 43 LEVEL 3 Law Project Module Title: Law Project Module Code: UJUUK3-15-3 Module Leader: Shilan Shah-Davis Email Address: Shilan.Shah@uwe.ac.uk Telephone No: 0117 32 81312 Room No: 3B066 Module Description This module allows students to investigate an area which is the subject of current debate and is of practical relevance to the development of the law both as an academic subject and law as it is practiced in a wider social context. In other words, the chosen area of investigation must be contemporary and one where the applicable legal rules are capable of being examined in their wider context. In a nutshell, you will be undertaking sociolegal research in this module. The topic chosen must be succinct, narrow in its focus and manageable within the word count. The topic can be in any field of the law (provided there is a member of staff with sufficient expertise to supervise it) and need not be restricted to the UK. Thus, your project can cover other jurisdictions, including the international context. On this module, students will be required to undertake independent research on the topic and write a report which outlines the key issues, critically examines the issues and the complexities surrounding them and puts forward proposals for reform. Students will have supervisors who will guide them during the course of the module. Please note only a limited number of places are available on this module. Places are offered on a first come first serve basis and therefore if you wish to do this module, apply early! Assessment Written report (2,500) words with an executive summary (500 words). This is worth 80% of the overall mark. Three reflective pieces detailing discussion and agreements from meetings with the supervisor. No single reflective piece is to be more than 500 words in length. This is worth 20% of the overall mark. Page 44 Legal Process (30 credits) Module Title: Legal Process Module Code: UJUTAA-30-3 Module Leader: Iain McDonald; Caroline Maughan Email Address: Iain.Mcdonald@uwe.ac.uk Telephone No: 0117 328 2318 Room No: 3D21 LEVEL 3 What is the module about? This is a skills-based option where you will begin to develop the skills that you will use in legal practice and in the workplace generally. These include the DRAIN skills (Drafting and writing, Research, Advocacy, Interviewing and Negotiation), case preparation and management, group working, problem solving, communication and reflection. You develop these skills in a weekly three-hour workshop by taking part in role play, demonstration and lots of other exercises and activities - there are no lectures. You will apply the skills that you learn in two case simulations. The casework is based in a computer-based “virtual town” called Brigstowe. The first case is a civil case and students form into six groups (or 'firms'). Three groups will act for the claimant and three for the defendant. The second case is a criminal case and again students work in six groups but they will work in different groups. Three of the groups will act for the CPS and three for the defence. The case culminates in a mock Crown Court trial which takes place in the mock courtroom at the end of the Spring term. The 'process' part of the course is about using your casework experience to consider the impact of legal procedures on the lawyer and other participants in the legal process - particularly the client. It involves looking at client-centred approaches to practice, the ethical responsibilities of lawyers, and the uncertainties and value conflicts that occur in legal practice. Attendance is extremely important. If you do not attend every week you will not be able to develop the skills you need to pass the course. Also, as much of the work is done in groups, you will be letting others down if you do not turn up. The case simulations require you to be able and willing to work outside of workshop times. Please consider these factors when choosing this option. There are only a limited number of places available (a maximum of 28-30) and demand always exceeds supply. This is a demanding course in which the responsibility for progress and learning is very much in your hands. However, the demands are balanced by the structure of the course, which is built around giving you the chance to try out skills, discuss and reflect upon your experiences throughout the year. How is the module assessed? There is no examination but there are four elements of assessment: Assessment One - 30% An interview with a client or a negotiation on behalf of a client. This is either a client in the civil case or criminal case or a negotiation in the civil case. Assessment Two - 30% This is an oral group presentation based on the group's experiences of managing the civil case. All members of the group will get the same mark. Assessment Three - 30% This is a written case report on the criminal case. It consists of a case file from the group and an individual contribution on some aspect of the case from each group member. 10% of the marks will be awarded for the group case file and 20% for the individual contribution. Assessment Four - 10% You will be required to produce a reflective log of your experiences in each workshop. A full set of logs will make up 10% of the final mark. Prerequisites: 200 credits of which 60 should be in Law Subjects Page 45 Media and Entertainment Law (30 credits) Module Title: Media & Entertainment Law Module Code: UJUTNG-30-3 Module Leader: Marcus Keppel-Palmer Email Address: Marcus.Keppel-Palmer@uwe.ac.uk Telephone No: 0117 32 82215 Room No: 3D15 LEVEL 3 What is the module about? (A brief description of the module content) This module looks at the law and practice that affects the entertainment industry and the media industry. We look at the law relating to copyright (and associated rights) which underpins in particular the music industry. In particular, we examine the issues relating to downloading music, sampling music and films etc. We also look at typical music business contracts and the problems associated with the relationship between record companies and artists described by George Michael as being like slavery. Money plays an important part in this. There are a number of cases involving musicians and bands trying to get the courts to release them from their contracts. We look at the law and practice that regulates the media (newspapers and TV) industry. This is very current with the recent Leveson enquiry and the News of the World phone hacking scandal. We look at the law of defamation, journalists’ sources, passing off, privacy, image and personality rights, regulation of TV and advertising, and obscenity/pornography. There is a human rights aspect as the conflict is often between a right to enjoy a private life and right to freedom of expression (and the press). Where appropriate we look at international aspects of these issues. This is a module that you will enjoy more if you are interested in the entertainment and media industries, enjoy talking about music, musicians, film, TV etc. How is the module assessed? Examination: 75% - 3 hour exam. Coursework: 25% - 2 essays, with the better mark of the two counting towards this proportion of the module score. Prerequisites: 80 credits, or Methods, Procedure & Systems plus 30 Law credits (must include Contract) Excluded Combinations: None Page 46 Medicine and the Law (30 credits) Module Title: Medicine & The Law Module Code: UJUTNB-30-3 Module Leader: Rachel Fenton Email Address: Rachel.Fenton@uwe.ac.uk Telephone No: 0117 32 83091 Room No: 3D19 What is the module about? Two encapsulating perspectives are – What may and may not be done with a patient, who decides and how – Medical practice set in the context of pre-birth, life and death The course comprises a mix of straight law, ethics, issues & thoughts for reform. Current topic coverage includes Rationing health-care, such as should an alcoholic receive a new liver when livers are a scarce resource? Should smokers be refused free treatment for lung disease? Should a cancer patient receive an expensive new drug free on the NHS? May a life-support machine be switched off because of cost? Should postmenopausal women get IVF treatment on the NHS? Should cosmetic surgery be paid for by the NHS? Consent to medical treatment, for instance may a Jehovah’s Witness refuse a life-saving blood transfusion for her 3-month old baby? Can a person refuse to consent to treatment that will save their life? How much information must a clinician give about the risks of an operation? Abortion – who can get an abortion, should abortion be as of right? Can underage girls get abortion without their parents knowledge? Is the morning-after pill lawful? We look at abortion law, ethics, foetal rights, fathers rights and the rights of the pregnant woman. Pre-implantation genetic diagnosis – the law and ethics surrounding the creation of embryos which are tested for serious genetic disorders with the intention of creating a pregnancy only with a healthy embryo. Should deaf people be allowed to implant a deaf embryo over a hearing embryo? Saviour siblings – what are the ethics of using pre-implantation genetic diagnosis to tissue match an embryo with an existing sick child, in order to use the new baby’s tissue to save the sick child’s life Outsourcing surrogacy to India – is it ethical? Euthanasia, withholding and withdrawing life-sustaining treatment -should a terminal ill baby suffering chronic disability and extreme pain be kept alive? Should conjoined twins be separated where the death of one is the certain outcome? Should the law be changed to allow a loved one to help their partner commit suicide? Should doctors be able to give lethal injections to those who are suffering and want to de? The law in this field is often in the news, not least because of the grave & controversial nature of situations such as those just illustrated. If something’ big’ happens then we may adapt course coverage to embrace it. For instance, David Beckham is cloned in the forthcoming academic year then we might just wish to consider the implications! If Law & Medicine sounds like it might be for you, you are most welcome. Most who study this module tell me that they find it really interesting and that it is their favourite module. We use lots of documentaries, radio programmes, debates in class and box of broadcasts to explore the fascinating ethical issues that this course raises. There are also opportunities to do things such as present part of a group lecture, for which you can win a prize. Interest engenders engagement & genuine desire to explore by study, the basis for thriving & achieving. You also get a personal one to one guidance session on your first coursework to ensure that you achieve to the best of your ability. How is the module assessed? Two assessments, semester 1 and semester 2 Semester 1 – coursework essay 2200 words plus reflective log 300 words and 500 words executive summary 50% of the module In preparation you will have an individual guidance session followed by the opportunity for written feedback on your written essay plan. Semester 2 –Oral presentation 50% of the module (15 minutes plus Q and A) Prerequisites: 200 credits including Law of Torts. Page 47 Sexuality and the Law (30 credits) Module Title: Sexuality & The Law Module Code: UJUTAE-30-3 Module Leader: Jessica Elliott Email Address: Jessica.Elliott@uwe.ac.uk Telephone No: Jessica Elliott: 0117 3282974 Room No: Jessica Elliott: 3C21 LEVEL 3 What is the module about? (A brief description of the module content) Teaching – each week there will be a three hour interactive workshop – split between short lectures, group work and presentations. A major focus of the course is on skills development and throughout the course you will be given opportunity to develop and practice the skills on which you will be assessed through individual and small group presentations or discussions. Content - The course will focus on legal approaches to sexuality and sexual activity. Precise course content will vary from year to year but the following is an indicative list of areas that may be covered: Legal restrictions on consensual sexual activity (including inter alia: defining consent, the age of consent, consensual sexual offences, offences related to prostitution,), Legal approaches to the depiction and reporting of sexuality and sexual activity, and Equality legislation: particularly legislation relating to sexual orientation discrimination both in the workplace and in terms of the supply of goods and services, but also briefly examining changes brought about through the introduction of civil partnerships and related legal changes, The approach will be to examine the current law, consider recent developments, assess proposals for reform, explore comparative approaches and attempt to identify the theoretical underpinnings of the current legal approach. The course involves an area of law which has changed considerably in recent years and where the impact of the European Union and of the European Convention for the Protection of Human Rights and Fundamental Freedoms is significant. The area is also one which is politically charged and one in which the media, religious organisations and pressure groups have considerable interest. The course will therefore provide students with the opportunity to view the subject within this framework and to consider the extent to which law reform shapes or is shaped by public attitudes. There is a strong emphasis on group work and independent research in this module – please bear these considerations in mind when choosing this option. Attendance is extremely important – not only will a good attendance level be vital to help you to develop a critical understanding of a wide variety of legal topics, it will also allow you to develop the good working relationships with fellow class members necessary to form effective groups for assessment purposes. Suitability for your chosen career path –if you choose options you are most interested in then you will be more likely to enjoy them and do well, thereby achieving a higher degree classification and getting a better job! So if Sexuality and the Law sounds interesting and you are interested in the assessment regime we use, make it one of your choices. Additionally many employers want recruits who can work in groups, present, argue from a given viewpoint, manage their time, weigh up evidence and come to reasoned, sustainable decisions. This module will help you develop all those skills. Page 48 How is the module assessed? Assessment – Students will form into groups of their own choice. Each group will be given a hypothetical case study and a side which they have to represent. The group will produce a written skeleton argument (10%) which they will give to the group representing the other side. Groups will then have time to prepare their arguments knowing the main lines of argument on which the other side intend to rely. Groups will then present their argument orally (20%), answer questions on their argument and give a closing statement (5%), additionally there will be a mark for student’s individual contribution to the presentation, question answering and closing statement (5%). In addition, students will write a reflective log on an aspect of the group activities demonstrating what they have learned from the process (20%). Finally students will write a judgment on one of the hypothetical cases which was argued by other groups (40%). There is no exam element in this module. Prerequisites: 120 credits of which 60 should be in Law Subjects Page 49