Gwybodaeth Modiwlau

Module Identifier
LPM1830
Module Title
Criminal and Civil Litigation
Academic Year
2020/2021
Co-ordinator
Semester
Intended for use in future years
Co-Requisite
Co-Requisite
Co-Requisite
Co-Requisite
Co-Requisite
Co-Requisite
Co-Requisite
Co-Requisite
Co-Requisite
Co-Requisite
Co-Requisite
Other Staff

Course Delivery

 

Assessment

Assessment Type Assessment length / details Proportion
Semester Exam 3 Hours   1 x 3hr Open Book Exam on Civil Litigation  Timetabled outside normal exam period  33%
Semester Exam 3 Hours   1 x 3hr Open Book Exam on Criminal Litigation  Timetabled outside normal exam period  33%
Semester Exam 1 Hours   1 x 1hr Closed Book Exam on Civil and Criminal Litigation  Timetabled outside normal exam period  34%
Supplementary Exam 3 Hours   Supplementary 3hr Open Book Exam on Civil Litigation  Timetabled outside normal exam period  33%
Supplementary Exam 3 Hours   Supplementary 3hr Open Book Exam on Criminal Litigation  Timetabled outside normal exam period  33%
Supplementary Exam 1 Hours   Supplementary 1hr Closed Book Exam on Civil and Criminal Lit  Timetabled outside normal exam period  34%

Learning Outcomes

On successful completion of this module students should be able to:

1. Identify the client'r goals;

2. Investigate, identify and analyse the relevant facts;

3. Research and identify the relevant legal issues;

4. Identify alternative means of achieving the client'r goals;

5. Advise the client on the legal consequences of his or her proposals;

6. Identify the overall nature of the transaction necessary to further the client'r goals;

7. Plan the progress of a transaction to promote the client'r interests;

8. Carry out the transaction through a series of steps and decisions;

9. In appropriate circumstances, draft documentation to effect the transactions in clear and unambiguous language and with correct grammar;

10. Act as an effective advocate for the client in the tribunal concerned

11. Recognise conflicts of interest and act within the rules of professional conduct;

12. Draft a straightforward brief to counsel.

Aims

1. Criminal Litigation
European Convention on Human rights
Evidential Issues
Confessions, Silence, Character, Hearsay and corroboration
Advising the client at the Police Station
PACE and issues of identification
Procedure: Hearings in Magistrates Court
Commencement of proceedings
Mode of Trial Bail
Admissibility of Evidence
Examination and Cross Examination
Sentencing
Crown Court Preparation

2. Civil Litigation
Introduction, Initial Considerations and Funding
Pre-Action Planning
Statements of Case (Including Defence)
Allocation and Case Management
Disclosure
Evidence
Settlement and Trial
Enforcement
Alternative Dispute Resolution

Brief description

1. Criminal Litigation
European Convention on Human rights
Evidential Issues
Confessions, Silence, Character, Hearsay and corroboration
Advising the client at the Police Station
PACE and issues of identification
Procedure: Hearings in Magistrates Court
Commencement of proceedings
Mode of Trial Bail
Admissibility of Evidence
Examination and Cross Examination
Sentencing
Crown Court Preparation

2. Civil Litigation
Introduction, Initial Considerations and Funding
Pre-Action Planning
Statements of Case (Including Defence)
Allocation and Case Management
Disclosure
Evidence
Settlement and Trial
Enforcement
Alternative Dispute Resolution

Content

1. Criminal Litigation
European Convention on Human rights
Evidential Issues
Confessions, Silence, Character, Hearsay and corroboration
Advising the client at the Police Station
PACE and issues of identification
Procedure: Hearings in Magistrates Court
Commencement of proceedings
Mode of Trial Bail
Admissibility of Evidence
Examination and Cross Examination
Sentencing
Crown Court Preparation

2. Civil Litigation
Introduction, Initial Considerations and Funding
Pre-Action Planning
Statements of Case (Including Defence)
Allocation and Case Management
Disclosure
Evidence
Settlement and Trial
Enforcement
Alternative Dispute Resolution

Module Skills

Skills Type Skills details
Application of Number Students are expected to be numerate and will have to understand and explain the way in which cases are charged, ledgers are kept and counsel paid.
Communication Students will act in groups and be expected to communicate to the session as a whole. Oral communication skills will be mainly developed in the SGS and in Lectures (LGS) where questions and answers will be encouraged as the sessions will be interactive. The main area will be video assessed exercises in Advocacy. Written communication skills are developed in drafting exercises.
Improving own Learning and Performance Students will learn in an interactive environment and be expected to develop their understanding and skills in independent learning.. The module demands reading, preparation for LGS and SGS, relevant research and reflection on the problems and case studies.
Information Technology Modern legal work relies on electronic sources and drafting. Students will be expected to use case precedents electronically. All materials will be placed on the Blackboard site Most of the legal research will require use of the electronic or online legal documents and cases
Personal Development and Career planning The subject area of Litigation is required for their future career as are the practice of the pervasive subject skills below which are embedded in the teaching.
Problem solving The subject is predicated on students solving client problems and identifying the correct practical and legal steps in litigation. They will be expected to choose between different approaches, different forms of dispute resolution and be faced with having to choose between alternative solutions.
Research skills All sessions require independent legal research; the ability to use Library resources, electronic precedents and locate and act on the correct material will be developed in SGS
Subject Specific Skills Advocacy/ Writing/drafting/ Practical legal research.
Team work All SGS are tutor facilitated with students working in groups of two, three or four. Future solicitors are required to demonstrate team work and this skill is developed by the format of the seminars (SGS).

Notes

This module is at CQFW Level 7