Legal System and Method is a foundational exploration of the fundamental components that constitute the legal system in England and Wales. This course aims to provide students with a comprehensive understanding of the common law tradition, constitutional principles, and the workings of the legal system.
1. Common Law Tradition
This topic delves into the historical and philosophical underpinnings of the common law tradition. Students explore the development of legal principles through precedent and the evolution of the common law system.
2. Constitutional Principles
Constitutional principles form the foundation of the legal system. This module examines the principles that define the relationship between the state and individuals, emphasising constitutional safeguards and the protection of fundamental rights.
3. Principles of Justice
An understanding of justice is crucial in the legal system. This section explores the principles that guide the administration of justice, including fairness, impartiality, and equality before the law.
4. Sources of Law
This topic provides a comprehensive overview of the various sources of law, including legislation, common law, equity, and international law. Students analyse the hierarchy and interplay of these sources in shaping legal rules.
5. Legal Research
Legal research is a fundamental skill for legal professionals. This module covers techniques for effective legal research, utilising primary and secondary sources, legal databases, and academic literature.
6. Case Notes
Case notes involve summarising and analysing legal cases. Students learn to extract key information from cases, identify legal principles, and articulate the significance of decisions in concise written form.
7. Case Report
A more in-depth analysis of legal cases, case reports involve a thorough examination of the facts, issues, and legal reasoning. Students develop the ability to construct comprehensive and well-structured case reports.
8. Judicial Reasoning
This module explores the methods and principles underlying judicial reasoning. Students analyse how judges interpret and apply the law, including the use of precedent, statutory interpretation, and legal principles.
9. Courts of England and Wales
An understanding of the court system is essential. This topic examines the structure and jurisdiction of the courts in England and Wales, from lower courts to the Supreme Court.
10. Doctrine of Precedent
The doctrine of precedent is a cornerstone of the common law system. This module explores how precedent is created, applied, and distinguished, emphasising its role in legal reasoning.
11. Statutory Interpretation
Statutory interpretation is a crucial skill for legal professionals. Students learn how to interpret legislation, considering the purpose, context, and canons of construction used by the judiciary.
12. Judiciary
This module explores the role of the judiciary in the legal system. Students examine the functions, powers, and independence of the judiciary, emphasising its pivotal role in upholding the rule of law.
13. Judicial Appointment
Judicial appointment processes are crucial in ensuring a competent and independent judiciary. Students analyse the methods of judicial appointment, assessing the criteria and considerations involved.
14. Legal Proceedings
This section covers the procedures and mechanisms involved in legal proceedings, including pleadings, discovery, trial processes, and appeals. Students gain insight into the civil justice system.
15. Legal Professionals
An understanding of the roles and ethical considerations of legal professionals is essential. This module examines the duties and responsibilities of lawyers, judges, and other legal practitioners.
16. Civil Justice Process
Students explore the civil justice process, from the initiation of a case to its resolution. Topics include pleadings, discovery, trial procedures, and the enforcement of judgments.
17. Criminal Justice Process
The criminal justice process is examined, covering the stages from investigation and arrest to trial and appeal. Students gain insights into the roles of key actors and the protections afforded to defendants.
Through an in-depth examination of sources of law, legal research methods, judicial reasoning, and the roles of legal professionals, students will develop the essential skills and knowledge needed to navigate and contribute to the legal field. The module encompasses both civil and criminal justice processes, providing a holistic view of the legal system's operation.
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