BTEC Higher National Diploma in Law Studies Syllabus. Unit 1: Using information, communication and technology (ICT) in the study of Law

Transcription

1 BTEC Higher National Diploma in Law Studies Syllabus Unit 1: Using information, communication and technology (ICT) in the study of Law Level H1 This unit aims to raise learner awareness of the different types of ICT skills, and provide the opportunity for them to develop these skills commensurate with H4 and H5 study. The course is delivered via distance learning with no face to face contact between tutors and students, therefore understanding appropriate research techniques, portfolio skills and self-reflection is important in terms of independent study at this level as well as facilitating a positive learning experience. Students are encouraged to conduct independent research related to the study of Law using ICT skills, so that they can begin to compile their own resource list and also prepare themselves for further and more complex activities later in the course. 1. Applications of ICT in the study of Law Information, communication and technology (ICT) comprises core skills for learning. Utilisation of methods, tools and strategies of ICT to establish and maintain a sound working relationship with tutors and the college. Development of ICT skills in order to communicate effectively and maximise study progression. 2. eportfolio constructs Setting up an eportfolio for use during the lifetime of the course for storage of files including coursework, self-assessment activities, independent research notes and reflective journals. The eportfolio may be requested from time to time by tutors and moderators. Learners will be asked at various points in the course to upload files for this purpose. A structured system of unique information but once completed can be used as a resource for continuing professional development (CPD), and a body of revision for future studies. 3. Independent web based research Independent research to equip students with confidence to source and evaluate information relevant to the core course topics within Law studies. Develop tools and strategies with which to begin to undertake independent research and integrate this into coursework activities, for example suggesting ways to read research articles and assimilate types of information from these.

2 4. Principles of self-assessment and reflective writing The development of knowledge and understanding through writing skills for communicating ideas and arguments to tutors and other readers of written work. Reviews of writing skills. Reflective writing skills and practice. Promotion of pro-active implementation of skills enhancement through tutor feedback and self-assessment. Unit 2: Defining Law Level H1 The aim of this unit is to give learners an opportunity to explore society requirements for law, and to examine the boundaries of behaviour which relate to the rules of law. This unit is an introduction to the processes and concepts of law and provides learners with an opportunity to evaluate the basis of legislative processes related to the needs and requirements of a society. 1. Law provision in a society Boundaries of behaviour within a society need and reality Problem solving rational of law provision Individual rights and freedoms 2. Public and private law Public law - criminal, institutional, constitutional, legislative, judicial, social welfare issues Private law - Tort, family law, contract law 3. The origins of law Common law Historical contexts Courts Trials Ownership Feudal systems and the monarchy

3 4. Development of equitable practice Curia Regis Court of Exchequer Court of Assize Court of Common Please Court of King s Bench The problems with common law Unit 3: Sources of Law: Case law: Judicial law Level: H1 The aim of this unit is to provide learners with an opportunity to study judicial precedent and its origins. Learners will also be given an opportunity to learn about the effects of law reporting on precedent and its relationship to legislative processes and court structure, operation and objectives. 1. Historical origins of judicial precedent The Judicature Acts of 1873 to 1875 Stare Decisis principle The European Courts of Justice House of Lords Court of Appeal Divisional courts High court and Queen s Bench Persuasive precedent Overruling Law reporting 2. Types of legislation Statute law Primary legislation How an Act of Parliament becomes law The problems with legislative process Delegated legislation Orders and statutory instruments

4 3. Magistrate and crown courts Magistrate s court - roles and responsibilities, bail applications, warrants, summary trials, indictment, administrative hearings, summary offences, crown prosecution Service Crown court - structure, role and responsibilities, offence classes, tier system, the jury process 4. Civil courts Historical origins Fast track and multi-track procedures Small claims Unit 4: Roles and Responsibilities Level H1 The aim of this unit is to provide learners with the opportunity to examine individual roles and responsibilities of court personnel related to historical precedent, origins and offence class. 1. Role of the magistrate History Role and responsibility Appointment process and eligibility criteria Training Criticism of process 2. Role of the jury Historical origins Roles and responsibility (individual and collective) The Juries Act 1974 The Criminal Justice Act 2003 Eligibility and selection Advantages and disadvantages of jury systems

5 3. Tribunals Historical contexts Structure Functions Advantages and disadvantages of tribunal systems 4. Legal personnel Solicitors, barristers, licensed conveyancers, the legal service ombudsman, legal executives, judges, salaried magistrates, justice clerks Unit 5: Law Practices: The Contract Level H1 The aim of this unit is to provide learners with an opportunity to study contract law, together with the application of contract terms. Learners will also be encouraged to evaluate the case precedent and leading cases presented within the unit and explore the influences these have on current contract law practices. 1. Contract offer and validity Obligation and process Leading case evaluation Goods in shop windows, supermarkets, advertisements and media, actions and tenders Contract validity 2. Contract acceptance Rules and regulations of acceptance Acceptance routes Processes of acceptance Case precedent and leading cases

6 3. Intention to create legal relations Validity Binding agreements Case precedent Contractual obligations Representation Warranties Leading case evaluation 4. Exemption and exclusion clauses Common law rulings Case precedent Legislation Contractual defect clauses Ending contract terms Unit 6: Law Practices: Property Law and the Law of Succession Level H1 The aim of this unit is to provide learners with an opportunity to examine the principles and practices of property law and succession. Learners will be encouraged to explore the historical origins of succession and property law and relate changes to modern society. 1. Historical origins Concepts of ownership Legal rights Case law Property Acts Real and personal property Symbolism of land ownership 2. Possession Right of Seisin Law of Property Act 1925 Freehold and leasehold Leading cases Fixtures and fittings

7 3. Freeholder and leaseholder rights Freehold - planning and development, covenants and restrictions, registration of land, aims of land registry, legislative process (Mirror, Curtain and Insurance principles), title absolute, conveyance transactions, joint ownership, easements, adverse possession Leasehold definition, covenants, registration, tenure, conveyance transactions 4. Law of Succession History and definition Wills and intestacy Legal processes and validation Forms of will Witness and alteration Compliance and formalities Types of legacy Unit 7: Law Practices: Consumer Law Level H1 Learning Hours: 60 The aim of this unit is to provide learners with the opportunity to explore consumer law and how this has developed since the 1974 Consumer Credit Act. Learners will also be given the opportunity to apply knowledge and understanding to a range of consumer scenarios and evaluate case law and precedent relating to rights and protection. 1. Consumer protection Legislation Leading cases Exclusion clauses Protection, rights, safeguards 2. Rights relating to property Unattended property Squatters Neighbouring land Consumer related rights and protection

8 3. Boundary issues Case precedent The land owner as a consumer Land registry rulings 4. Conservation and preservation Definition of conservation and preservation Legislation Conservation Preservation Unit 8: Introduction to the Law of Torts and Criminal Law Level H1 The aim of this unit is to provide learners with an opportunity to explore tortuous acts and damage, and to examine historical case law related to this. The unit also provides learners with an opportunity to study criminal law principles in outline and to evaluate case precedent related to offence categories. 1. Historic origins of Tort French origins of Tort Tortious acts and damage Negligence perspectives Case law evaluation 2. Duty of care owed General principles Liability in Tort Defences in Tort Rescue cases Acts of God

9 3. Criminal law principles The rights of offenders Defining crime Chain of causation Mens Rea 4. Crimes and offences Offences against the person homicide, murder, manslaughter Defences to committing a crime insanity, automatism, intoxication, duress and error Case law and precedent evaluation Unit 9: Employment Law, Part 1 Level H2 The aim of this unit is to provide learners with the opportunity to analyse and evaluate contractual and case precedent related to employment law and implementation of laws. 1. Contractual precedent Conditions of employment and offer Position of minors Contract considerations and amendments European perspectives Treaty of Amsterdam, EU contract framework, the influences of EU law 2. Case law precedent The Organisation/Integration Test case law The Reality Test case law Work status

10 3. Contract of employment Terms and conditions Content Duties of employee Duty of cooperation Duty of mutual trust and confidence Fidelity, loyalty and cooperation Case law and case study analysis and evaluation 4. Employer responsibilities Payment of contractual remuneration Provision of work Maintenance of mutual trust and confidence Common law of negligence Legislation Case law evaluation Unit 10: Employment Law, Part 2 Level H2 The aim of this unit is to provide learners with an opportunity to explore legal processes involved in termination of employment contracts, dismissal and redundancy and hours of work. Learners will also be given an opportunity to evaluate case law and historical precedent which has emerged over the last century and consider influences on employment and employment law. 1. Terminating contracts Operation of law Mutual agreements Frustrations of contract Doctrines, case law and case studies Employment Rights Act 1996 Fixed term contracts

11 2. Employment dismissal Legislation and case law Damages and compensation Unfair dismissal Capability and qualifications linked to dismissal Conduct linked to dismissal 3. Redundancy Statutory restriction Substantive reasoning Remedies in law Transfer undertakings Legislation Cessation of business Case law and precedent 4. Remuneration and working hours Work patterns The minimum wage and general remuneration Pay statements, methods of payment, deductions and over/underpayments Legislation and case law Working times, opt outs, special cases, annual leave, rest periods Unit 11: Discrimination within the employment relationship Level H2 The aim of this unit is to provide learners with the opportunity to explore examine and evaluate discrimination form legal perspectives and to develop knowledge and understanding of influencing and contributing factors relating to human rights and current legislative reform. 1. Historical origins Human Rights declaration Articles of Treaties Directives Case law and precedent

12 2. European convention on Human Rights Core objectives Inclusions sex discrimination, race discrimination, disability discrimination, direct and indirect discrimination, pregnancy, sexual harassment The burden of proof Vicarious liability 3. Race The Race Relations Act 1976 Defining race discrimination Case law and precedent Direct and indirect discrimination Remedial strategies of law 4. Disability Disability Discrimination Act 1995, 2005 Historical perspectives and development of law The Disability Rights Commission Defining disability in law Unit 12: The European and collective dimensions Level H2 The aim of this unit is to provide learners with an opportunity to explore the development of European law and consider the influences and impacts on modern society and current legal positions as EU member state. The European perspective will be applied to examples of employment law and industrial conflicts and comparisons drawn to historical law practices. 1. European Union Historical background ECSC Treaty Marshall Plan Development of the treaties Aims and objectives of EU law UK membership Form of EU law European Court of Justice

13 2. Council of Europe Historical origins and formation European Convention and ratification of articles European Court of Human Rights Human Rights Act Statute of Provisions International Labour organisation 3. Collective aspects Trade Union history and background Case law Acts The Donavon Commission TU status, rights and membership Collective bargaining and EU influence 4. Industrial action Aims and objectives Processes Case law Humanitarian perspective Statutory provision Unit 13: Health and Safety Law, Part 1 Level H2 The aim of this unit is to provide learners with the opportunity to study the principles and practices of health and safety law implementation. Learners will be encourages to independently research and analyse current law reforms and draw comparisons to historical precedent. 1. Statutory frameworks Employee status and employment course Health and safety law applicable to public and private situations and environments Examples of torts Case law

14 2. Indemnity Implied terms Common law Historical origins Health and safety provisions in law Law reforms 3. Current health and safety law Review of current health and safety laws Legal flux and its implications Negligence related to health and safety provision of law 4. Legislation Factories Act 1961 HASAWA 1974 Various health and safety acts relating to individual and diverse environments and practices Role and responsibilities of HSE The influence of European Community Unit 14: Health and Safety Law, Part 2 Level H2 The aim of this unit is to provide learners with an opportunity to expand knowledge and understanding of health and safety law related to consumer dimensions and product liabilities. Learners are encouraged to conduct independent research into current health and safety law related to everyday life and analyse statute and leading cases to evaluate impacts and influences on law reform. 1. Trading standards Trading standards process Range of criminal controls Consumer protection Acts Convention

15 2. Consumer protection Green Paper 1976 Consumer safety Acts and reforms General safety requirements Penalties and control mechanisms Law provisions Case law and precedent 3. Goods and services Legislation Possession of unsolicited goods and penalties Offences, penalties and case law 4. Product liability Legislation and case law EU provisions Strict liability Liability of suppliers Burden of proof Recoverable losses Contributory negligence Unit 15: Company Law, Part 1 Level H2 The aim of this unit is to provide learners with an opportunity to study the sources and origins of company law, and analyse development of strategies and processes in current and changing organisational structure. 1. Function of companies Company registration Structures and frameworks of companies Incorporation Limited liability Partnerships Management structures Overseas and European companies

16 2. Origins of company law Historical perspectives and development of company law and application of law processes Company constitutions Formation processes and associated law strategies European perspectives 3. Liability Corporate action Rationale for liability Misdescription Premature trading Director responsibility Bankruptcy Legal strategies and precedent 4. Capitalisation Values and legal issues Rules and regulations of capitalisation and dividend payments Distribution Acquisition and associated legal strategies Unit 16: Company Law, Part 2 Level H2 The aim of this unit is to provide learners with the opportunity to develop knowledge and understanding of company law through exploration and analysis of roles, responsibilities, governance and audit processes. 1. Key company personnel Board structure, roles and responsibilities, legal obligations Conflicts of interest legal precedent and remedies Stakeholder role Decision making legal position

17 2. Company governance Governance structure in law Shareholder rights Shareholder role and responsibilities Share issues and transfers Class rights Votes and decisions 3. Unfair prejudice Definition and context Derivative actions Independent illegality Equitable consideration Litigation Winding up a company and associated law strategies and remedies 4. Audit processes Account production Audit reporting Filing accounts Role of the auditor Liability for negligent audit process Debentures Company charges