Module Information
Course Delivery
| Delivery Type | Delivery length / details |
|---|---|
| Lecture | Large Group Session |
| Seminars / Tutorials | Small Group Session |
Assessment
| Assessment Type | Assessment length / details | Proportion |
|---|---|---|
| Semester Assessment | 4 Hours Assessment Timetabled outside normal exam period | 100% |
| Supplementary Assessment | 4 Hours Supplementary Resit | 100% |
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
The module of Criminal and Civil Litigation trains students for the professional practice of Litigation, both Civil and Criminal, ensuring an understanding both of the knowledge of the academic underpinning and the way this translates into practice.
Brief description
The module ensures an appreciation of the nature of litigation, the ability to identify critical steps in the process of litigation and the ability of advocacy in courts. It gives an understanding of civil and criminal litigation and evidence, case preparation and presentation, the ways of resolving disputes, the ethics of advocacy, sentencing and pleas.
Content
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