Law. Module Descriptor

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1 The Further Education and Training Awards Council (FETAC) was set up as a statutory body on 11 June 01 by the Minister for Education and Science. Under the Qualifications (Education & Training) Act, 1999, FETAC now has responsibility for making awards previously made by NCVA. Module Descriptor Law Level L385

2 1 Module Title: Law 2 Module Code: L385 3 Level 4 Credit Value 1 5 Purpose This module is a statement of the standards to be achieved to gain a FETAC credit in Law at Level. It is the purpose of this module is to provide learners with a detailed knowledge of the law and enable them to operate in a legally orientated working environment. It is also intended to empower learners to carry out independent legal research and apply theoretical knowledge in practical contexts. Preferred Entry Level FETAC Level 5 Certificate in including Business Law and /or Legal Studies or equivalent qualification and/or relevant work experience. 7 Special Requirements None. 8 General Aims Learners who successfully complete this module will: 8.1. Develop a detailed understanding of the Irish Legal system Be familiar with the language, procedures and documents related to the law Apply the theoretical knowledge gained to practical and vocational contexts Appreciate that Law is an ever-evolving subject and have to means to source and interpret all statute and judicial precedent Have the ability to analyse and explain legal reasoning applied in the Irish Courts. 8.. Have an ability to carry out a range of practical tasks appropriate to a legally oriented work environment. 1

3 9 Units The specific learning outcomes are grouped into 9 units of which 5 must be completed. The following units are compulsory- Compulsory Units Unit 1 Unit 2 Unit 3 Contract Law Tort Criminal Law 2 units must be selected from the list below Unit 4: Unit 5: Unit : Unit 7: Unit 8: Unit 9: The Irish Constitution. Land Law. Succession Law. Company Law. The Criminal Justice Systems. Civil Litigation and Case Management 10 Specific Learning Outcomes Unit 1 Contract Law Explain the concepts of offer, acceptance, consideration and intention in Irish contract law Differentiate between a condition and a warranty in Contract law Explain the use of express and implied terms in a contract Explain the operation of exclusion clauses in a contract Explain the need for proper consent Explain and apply the need for proper consent in relation to: Mistake; Misrepresentation; Duress; Undue Influence and Unconscionable Bargains Explain the concept of contracts in restraint of trade and their application in Irish law Explain and apply correctly remedies for breach of contract, in particular: Damages; Specific Performance; Injunctions; Claim on Quantum Meruit basis; Rescission Explain the concept of Agency in Irish Law Explain how an agency may be created, its effects and how it may be terminated. 2

4 Unit 2 Tort Define the nature of Tort Distinguish between tort and other civil and criminal wrongs Explain the law in relation to Trespass; Nuisance; Negligence; Defamation Draft appropriate questions for a client attending for consultation on a personal injuries claim based on negligence Describe in detail for a client the possible course of a given personal injuries case based on negligence, from first consultation to court settlement including possible documentation involved Using information given of a personal injuries claim based on negligence, draft a Notice of Appearance and a Civil Bill Using information given, draft an appropriate Affidavit to transfer a personal injuries claim from the Circuit Court to the High Court Examine defence documentation of a given personal injuries case, based on negligence, and assess the implications for the case Explain the main defences available in a defamation case Solve legal problems using current legislation and judicial precedent. Unit 3 Criminal Law Define Crime Explain the purpose of criminal law Identify the various personnel involved in bringing a criminal charge Explain the nature of actus reus and mens rea Differentiate between: murder and manslaughter; voluntary and involuntary manslaughter Detail the main types of: Non-fatal offences against the person (e.g. Assault and Battery, Rape, Sexual Assault). Crimes against property (e.g. Larceny, Robbery, Burglary, Arson and Criminal damage). Drug Offences; Road Traffic Offences; Offences against public order; Offences against the State Explain the defences of Criminal Liability: Infancy; Mistake; Intoxication; Insanity; Duress; Necessity; Self-Defence; Automatism Explain the concept of Inchoate Offences: Attempt; Incitement; Conspiracy. 3

5 Following a given solicitor /client consultation, advise your client of the provisions of the relevant legislation he/she has been charged under and the possible punishment under the legislation Carry out research on a criminal law case through case `watching` and complete a written report on the case following the outcome. Unit 4 The Irish Constitution Explain the nature of nation and state Explain how the constitution can be changed Explain how Article 2 may be used Explain the concept of separation of powers Explain the creation of unenumerated rights by the Irish Courts Analyse the impact of the creation of unenumerated rights on Irish Law Explain the impact of European Law on the Irish Constitution Explain the principles of criminal due process as outlined by the courts Discuss potential future developments in the area of Irish Constitutional law Unit 5 Land Law Explain the right to property as provided for by the Irish Constitution Distinguish between leasehold and freehold Explain the concept of Words of Limitation Explain the ways of acquiring property: Purchase; Tenant purchase schemes; Inheritance; Gift; Adverse possession Explain the following terms: Fee simple; Equitable fee simple; Fee tail; Life estates Describe the legal rights of a mortgagor and mortgagee Explain and distinguish between the concepts of co-ownership, joint tenancy and tenancy in common Outline the role of the Land registry and Registry of Deeds Explain the relationship between Landlord and Tenant with reference to Deasy s Act 189 and the Landlord and Tenant Act Outline the impact of the Family Home Protection Act 197, the Family Law Act 1995 and the Family Law (Divorce) Act 199 on Irish land law Distinguish between tenancies and licences. 4

6 Outline the different types of licence in Irish Law (e.g. Estoppel Licences; Contractual Licences; Licence Coupled with an interest and Bare licences) Explain the four requirements with which an easement must comply Outline the ways in which an easement may be created Explain the following: The Settled Land Acts; The Statue of Uses; Merger; Covenants. Unit Succession Law Be familiar with the Succession Act Explain the concept of Intestacy Explain how estate will be distributed in the case of intestacy under Part VI of the 195 Act Explain the concept of Donatio Mortis Causa and its requirements Explain what a Will is, and what are the requirements for a Valid Will Explain what Probate is Explain the requirements of a valid Will with reference to: Statutory formalities; Intention of the testator; Testamentary capacity; Revocation of the will Explain the specific rules of construction Explain how the law leans against Intestacy (s.99) Analyse the application of s.90 (Extrinsic Evidence) in Irish Succession Law Explain the process of, and draft appropriate documentation for, making a Will and making application to the High Court for Grant of Probate, in a given solicitor/client situation. Unit 7 Company Law Differentiate between a sole trader, partnership and company Explain and apply the concept of separate legal personality and exception to this rule Describe the contents of the memorandum and articles of association Explain the concept of ultra vires Explain the rule in Turquand s case and the notion of ostensible authority Explain the differing characteristics of all types of shares Outline the different types of company meetings. 5

7 Explain regulations regarding voting at company meetings Detail the rule in Foss v Harbottle and explain and apply exemptions to this rule, including s.5 actions Explain Outline the duties of the auditor and secretary of a company Outline the duties of directors Explain the rules of capital maintenance Describe the concepts of debentures and charges and their application in company law Outline the appointment, consequences of appointment and duties of a receiver Differentiate between the different types of liquidation Outline the appointment, consequences of appointment and duties of a liquidator Outline the appointment, consequences of appointment and duties of an Authenticator Outline the effect of the Company Law Enforcement Act 01. Unit 8 The Criminal Justice Systems Differentiate between the various types of offences: Summary Offences; Indictable offences; Offences dealt with in the Special Criminal Court Explain the procedures to be followed regarding: The issue of a summons; Arrest (with or without a warrant); Right to consult a solicitor; Questioning; Searches; Charge sheets Explain the powers of search and Seizure Explain the consequences of wrongfully obtained evidence and pre-trial publicity on a criminal trial Explain detail Art 38 of the Constitution, in particular: The Presumption of Innocence; The Right to Silence; The Right to a Speedy Trial; The Right to Cross Examine; The Right to Legal Representation Explain the concept of remand Outline the procedure for application for Bail Outline the contents of the Book of Evidence Outline the procedures to be followed in the taking of depositions.

8 Unit 9 Civil Litigation And Case Management Explain how a civil action may be initiated with reference to Pleadings; Service; The Legal Diary Distinguish between a District, Circuit and High Court Civil Action Explain the roles of the Master s Court, The High Court Central Office and the County Registrar Explain the relevance of the Statute of Limitations to civil cases Outline the interlocutory applications which may be made in civil cases. 11 Portfolio of Assessment Summary Weightings Assignment 1 30% Assignment 2 30% Examination 40% Assignment 1 Case Study The internal assessor will provide a brief incorporating a real or composed case study. This case study will cover two areas of substantive law. Candidates will be required to carry out research to identify appropriate statements or precedents and to apply some to report on how the problem(s) might be solved. Assignment 2 Skills Demonstration This Assignment will be devised to incorporate a practical skills demonstration including some role play relevant to the specific learning outcomes. For example a role play exercise could be used to demonstrate the practical skill of taking instructions. This could include mock interviews and the necessary preparation of questions and reporting on the outcome. The skills may be assessed during the course of the module. A written report will be submitted as part of this Assignment. Examination The internal assessor will devise a theory based examination which will assess candidate s ability to recall and apply the contents of the units. The examination will be based on a range of specific learning outcomes across the units and will be of three hours duration. 7

9 The subject matter of each question will be confined to one area of law or legal practice. The examination paper will have the following preamble: Candidates should wherever appropriate, refer to relevant statutes and precedents. The format of the examination will be as follows: Section A 4 Structured Questions in which the candidate is asked to advise a client of their legal rights and outline legal procedures which must be followed. Section B 4 Essay Questions in which the candidate is asked to explain detail specific areas of law through tracing the historical development, application in the courts and possible future developments. Candidates must answer two questions from section A, and two question from section B and any other one question from either section. 12 Grading Pass 50-4% Merit 5-79% Distinction % 8

10 Individual Candidate Marking Sheet 1 Candidate Name: Centre: Law L385 Assignments (2) 0% PPSN: Centre No.: Assessment Criteria Assignment 1 Relevant Information researched and appropriately presented as part of the analysis of the case study Understanding and knowledge of appropriate precedents clearly demonstrated with reference to case law and legislation Elements of the Irish Legal System interpreted and applied correctly as a solution to the case study Comprehensive evaluation of the topic completed Findings presented appropriately Maximum Mark Candidate Mark Assignment 2 Relevant Information researched and appropriately presented as part of the analysis of the case study Understanding and knowledge of appropriate precedents clearly demonstrated with reference to case law and legislation Elements of the Irish Legal System interpreted and applied correctly as a solution to the case study Comprehensive evaluation of the topic completed Findings presented appropriately Subtotal 30 Int. Rpt Subtotal 10 TOTAL MARKS from assignments 0 Int. Rpt. Internal Assessor s Signature: Date: External Examiner s Signature: Date: 9

11 Individual Candidate Marking Sheet 1 Law L385 Exam - (Theory Based) 40% Candidate Name: Centre: PPSN: Centre No.: Assessment Criteria Section A 4 case scenario questions answer any 2 Question No. Maximum Mark Candidate Mark Section B 4 structured questions answer any 2 Question No. Subtotal 0 (40) Subtotal 0 (40) TOTAL MARKS 100 NOTE: 2 questions from Section A, 2 questions from Section B, plus 1 other question from either Section A or Section B Internal Assessor s Signature: Date: External Examiner s Signature: Date: 10

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