Legal Skills [AJ]

Learning Outcomes

Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

• Analyse factual scenarios and apply legal rules and principles so as to produce reasoned, structured, and effective arguments, adequately supported by reference to legal authority.
• Identify and locate primary and secondary legal sources both in print (in the library) and electronically (through relevant legal databases).
• Conduct self-directed research.
• Evaluate legal materials by way of statutory interpretation, case analysis, and the identification and analysis of relevant secondary materials.

Knowledge and Understanding

Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:

• The diverse range of legal research methodologies.
• Sources of law and their relative weight and authority;
• The key role of thorough legal research and accurate use of legal authority in the development of rigorous legal argument.
• How the law operates in practice in various contexts, including the interaction between discrete areas of law that can arise, and the variety of means through which legal disputes can be resolved.

Transferable and Generic Skills

Having successfully completed this module you will be able to:

• Retrieve and evaluate accurate, relevant and appropriate information from a variety of sources.
• Effectively apply information to solve practical problems.
• Communicate and present arguments supported by appropriate evidence.
• Formulate an effective, reasoned and structured argument.

Exemplars of the topics covered in lectures are given below, but these may change year-by-year, reflecting current developments and allowing syllabus evolution.

• Law in context.
• Reading cases and interpreting statutes.
• Conducting legal research.
• Legal disputes in practice.
• Alternative dispute resolution.
• An introduction to civil litigation.
• Legal remedies.
• An introduction to the criminal trial.

Teaching and learning methods

Teaching will be by one 2-hour lecture per week and one 2-hour tutorial per fortnight.

The tutorials are intended as occasions for detailed discussion of specific topics within the broader areas covered in lectures, and you are expected to come fully prepared. Reading and questions for preparation will be placed on Blackboard in advance of each tutorial. Tutorials are also occasions for you to raise problems and questions and to obtain feedback on your progress.

Teaching methods include:

• Lectures to provide knowledge and information within a structured context.
• Small group tutorial work focused on problem solving skills and the development of reasoned argument.
• Advance study and self-managed research is required for the tutorials and active participation required by all members of the group.

Attendance at Lectures will develop:

• The structure of the subject and key applicable substantive principles and rules of law.
• Appreciation of constructive criticism of the law by consideration of key areas of controversy and doubt regarding the regulation of legal disputes.

Preparation for Tutorials will develop:

• Knowledge of the substantive principles and rules of the law.
• Ability to manage and access diverse range of sources of law, especially statutory material and case law, many on-line.
• Ability to critically evaluate those sources and participate constructively in oral discussions concerning them.
• Ability to structure and express thoughts in logically coherent way.
• Ability to apply those materials to problem solving exercises.
• Time management and self-directed research skills.

Learning activities include:

• Directed reading assisted by reading lists and availability of materials on Blackboard.
• Accessing electronic resources in the form of legislation, journals and case materials.
• Reviewing and evaluating complex material.
• Tackling and solving factual legal problems.
• Formulating and presenting in oral and written form reasoned and structured arguments through formative tutorial activities and summative assessment.

Resources & Reading list

General Resources

Resources. The resources required are the books listed below together with access to the statutory and case law material central to the module. That material is available via the electronic resources provided by the School and the Library, especially though access to the legal databases: Jordans, Westlaw, Justis and LexisNexis. In addition, extensive use of Blackboard is made to support you in your learning.

Textbooks

C. Maughan & J. Webb (2005). Lawyering Skills and the Legal Process. Cambridge University Press.

S Slorach, J Embley, P Goodchild and C Shephard (2015). Legal System and Skills. Oxford University Press.

Slapper, G. & Kelly, D. (2015). The English Legal System. Routledge.

E. Finch & S. Fafinski (2015). Legal Skills. Oxford University Press.

F. Boyle, D. Capps, P. Plowden & C. Sandford (2005). A Practical Guide to Lawyering Skills. Cavendish Publishing.

Formative

This is how we’ll give you feedback as you are learning. It is not a formal test or exam.

Summative

This is how we’ll formally assess what you have learned in this module.

Referral

This is how we’ll assess you if you don’t meet the criteria to pass this module.

Repeat

An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.

Repeat Information

Repeat type: Internal & External