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An Introduction to the English Legal System

LAW401

Course CodeLAW401
ECTS

Course Description

The focus of this unit is the people and procedures involved in the operation of the English legal system. This unit aims to inform learners about the functions, structure and purpose of the civil and criminal Courts, along with understanding of the personnel involved in the administration of justice. Learners will gain knowledge of how laws are created and influences on the development of law. The unit will also provide learners with information on various methods of alternative dispute resolution.

Course Objectives

The focus of this unit is the people and procedures involved in the operation of the English legal system. This unit aims to inform learners about the functions, structure and purpose of the civil and criminal Courts, along with understanding of the personnel involved in the administration of justice. Learners will gain knowledge of how laws are created and influences on the development of law. The unit will also provide learners with information on various methods of alternative dispute resolution.

Key Topics

  1. LO1: Understand how laws are created in England and Wales.
  2. LO2: Understand the role of the legal profession.
  3. LO3: Understand the role of alternative dispute resolution.

Course Outline

WeekTopics
1Criminal and civil law compared
2Powers and aims of the criminal and civil courts
3The doctrine of judicial precedent: ratio decidendi, obiter dictum, distinguishing and persuasive precedent
4Creating legislation: green and white papers, parliamentary readings to Royal Assent, Parliamentary sovereignty
5Delegated legislation and its limits
6Judicial appointments across the court hierarchy, including the role and appointment of magistrates
7Solicitors and barristers: education and training, skills, rights of audience, King's Counsel
MidtermMidterm evaluation
9The jury system: selection, perceived benefits and detriments
10Access to justice: legal fees, legal aid, public and private funding
11Mediation, arbitration and tribunals and their limitations
12Applying An Introduction to the English Legal System in practice: case studies
13Assignment workshop: research, planning and referencing
14Assignment workshop: drafting, feedback and improvement
15Review and coursework completion
FinalFinal assessment and submission

Learning Outcomes

  1. LO1 Understand how laws are created in England and Wales.
  2. 1.1 Explain the court hierarchy.
  3. 1.2 Describe the nature and purpose of criminal and civil courts.
  4. 1.3 Describe how case law is created and developed.
  5. 1.4 Explain how legislation is created and developed.
  6. LO2 Understand the role of the legal profession.
  7. 2.1 Identify the judges that sit in each court within the hierarchy.
  8. 2.2 Explain the difference between the role of a solicitor and a barrister within the English legal system.
  9. 2.3 Describe the ethical responsibilities of the legal profession.
  10. 2.4 Analyse the role of the jury system.
  11. LO3 Understand the role of alternative dispute resolution.
  12. 3.1 Explain the perceived difficulties in accessing civil justice.
  13. 3.2 Evaluate the role of Alternative Dispute Resolution in civil disputes.
  14. 3.3 Analyse the role of restorative justice in the criminal courts.
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