Curriculum for Master s Degree Programme in Law

Transcription

1 ML in Law Curriculum for Master s Degree Programme in Law

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3 Degree programme: Master s degree programme in Law Contacts: Head of Department of Law and Coordinator of Master s Studies Length of degree programme: Five semesters Number of credits: 120 ECTS, Cycle 4 under Iceland s National Qualification Framework for Higher Education and Degrees from 2007 Second edition, January 201 3

4 Table of Contents Description of study programme... 5 Internship... 5 Programme structure and teaching methods... 6 Programme composition... 7 Course descriptions... 8 Civil Procedure... 8 Laws of Enforcement Procedures... 9 Human Rights Criminal Procedure Philosophy of Law Legal Writing Law and Legal Methods III Law of Contractual Obligations II Criminal Law Administrative Law II Property Law II Introduction to Advocacy International Tax Law I International Tax Law II European Law II European Tax Law Acquisitions and Sales of Corporate Businesses Family Law Internship ML Thesis (30 ECTS) Intended learning outcomes

5 Description of study programme The objective of the study programme is to provide students solid scholarly knowledge in the field of law, with an emphasis on training them in theoretical and applied aspects pertaining to legal practice and to professions in law and consultancy in general. It is expected that students will have gained a systematic understanding of the latest available knowledge in the branches of law specifically intended for preparation for legal practice. In addition to knowledge objectives at the first higher education cycle, students at the second cycle shall have broadened the knowledge base in law which they have acquired at earlier cycles. Students are furthermore expected to be able to leverage their knowledge and understanding in professional work or in a vocation and have the ability to provide reasoning in support of professional solutions or resolutions to legal issues. Internship Students may apply for internships in place of an elective course. Internships are in all cases unpaid, but students receive 6 ETCS credits for four weeks of full-time work (160 hours). In special cases, it is possible to approve an internship that is longer than the standard four weeks. However, credits for internship work as part of a 90-credit Master s degree may not exceed 12 ETCS credits. Students can apply for internships with the internships coordinator. The application must be accompanied by a curriculum vitae, together with information on the desired timing of the internship and the applicant s main interests. 5

6 Programme structure and teaching methods The Master s degree programme in Law is tailored to the needs of students who have completed undergraduate studies in Business Law but wish to pursue a career in a traditional field of legal work. On completing the Master s degree programme, students have the right to take an examination for bar admission, and a substantial number of Master s students choose this route. The objective of the study programme is to prepare students for careers in legal practice and other traditional professions in law. The study programme uses the foundation provided by the BS programme in Business Law as a point of reference on which to build a Master s programme in Law, in which special emphasis is placed on rigorous training in areas in the field of procedural and criminal law, in addition to various branches of property law. A number of electives are likewise offered, which vary from year to year. Instruction takes place at the Bifröst campus and typically continues year-round, with the exception of two months summer holiday. As a rule, students enrolled in full-time studies complete 75 ECTS credits in the first year and 45 ECTS credits in the second. The final project shall amount to 30 ECTS. Under Article 22 of the Bifröst University Regulations, the requirement for admission to Master s studies is an undergraduate university degree (baccalaureate), which as a rule must have been completed with a minimum grade of First Class (>7.25) or its equivalent. The Master s degree programme is taught at the Bifröst campus. Instruction takes place during the fall, spring and summer semesters. Courses during the winter semester are taught over either 7 or 14 weeks; courses in the summer semester are typically taught one after another in three-week sessions. Assessment of studies takes the form of assignments and/or final examinations. More detailed information on teaching methods and assessment of studies can be found in the course descriptions for individual courses. The study programme consists of 120 ECTS in total, and students can complete the programme in two years. One ECTS credit is considered to correspond to hours of student work. This work includes all reading, assignment work, preparation for final examinations, presentations, lectures and all other work that students complete in connection with a course. Teaching, assessment of studies and the organisation of teaching are as per the Rules on Studies and Teaching, found in Bifröst University s Quality Manual (see EF 110). The Quality Manual also contains rules for examinations and various instructions for students. The Quality Manual is online in Icelandic at and in English at 6

7 Programme composition Organisation of courses Spring semester ECTS Civil Procedure 12 Criminal Procedure 6 Laws of Enforcement Procedures 6 Human Rights 6 Total 30 Summer semester 2014 ECTS Philosophy of Law 6 Legal Writing 3 Acquisitions and Sales of Corporate 6 Businesses * Total 15 Fall semester ECTS Law and Legal Methods III 6 Criminal Law 6 Debtors and Creditors Rights 6 Administrative Law II 6 European Law II * 6 Total 30 Spring semester ECTS ML Thesis 30 Summer semester 2015 ECTS Property Law II 6 Introduction to Advocacy 3 Family Law * 6 Total 15 Total 120 *Elective that may vary from year to year. 7

8 Course descriptions Civil Procedure Semester and length: Spring semester 14 weeks 12 ECTS Prerequisites: General requirements for admission to Master s studies Language: Icelandic Teaching methods: Lectures and assignments Required course The course deals with the rules of law pertaining to the judiciary and civil proceedings. Emphasis will be placed on the principles of civil procedure, the role and structure of the judiciary, judges, the jurisdiction of the courts, involvement, charges, summons and statements (including statements of claim). The rules for court procedure in civil suits in general and production of evidence before the court will be reviewed, and judicial decisions will be discussed. The course will also touch on special courts and appeals to the Supreme Court. Learning outcomes: To have understanding and knowledge of the role and structure of the Icelandic judiciary. Students should be able to analyse the Icelandic justice system and identify where, when and on the basis of what rules of procedure a case will be brought to court. To have understanding and knowledge of civil procedure, from preparation of legal proceedings to delivery of the final judgment. Students thereby gain knowledge of the main points that will be put to the test in civil proceedings. Students should also be capable of analysing judicial precedents with greater precision and knowledge. That students can tackle and solve realistic assignments in the area of civil procedure. They can, among other things, prepare a summons and a statement and resolve issues that arise in pursuing civil action, production of evidence and composition of judgments. 8

9 Laws of Enforcement Procedures Semester and length: Spring semester 6 weeks 6 ECTS Prerequisites: General requirements for admission to Master s studies Language: Icelandic Required course Teaching methods: Lectures and assignments The course deals with the rules on enforcement procedures. The course addresses distraint, attachments and injunctions, forced sale and estate law (bankruptcy proceedings, administration of inheritance and winding-up of organisations, with particular emphasis on financial entities). Learning outcomes: On completion of the course, students will have a detailed knowledge of the main rules on enforcement procedures in Iceland and can apply these rules in solving realistic assignments. 9

10 Human Rights Semester and length: Spring semester 6 weeks 6 ECTS Prerequisites: Constitutional Law Language: Course materials in Icelandic and English. The course is taught in Icelandic. Teaching methods: Lectures and assignments Required course The course deals with protection of human rights in Iceland. The course will examine the substantive rights embodied in the human rights provisions of the Constitution of Iceland and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), at the same time also addressing other international human rights agreements. The course will explore in detail the development of these rights, judicial approaches to interpreting and applying rules on human rights, court procedure and the effect of international human rights agreements on Icelandic law. The objective of the teaching component of the course is for students to gain a broad understanding of the nature and legal protection of human rights provisions and the interaction between international human rights agreements and national law. The objective of the final project is for each student to gain a fairly exhaustive perspective on a specific area of human rights of his or her choice. Learning outcomes: Knowledge On completion of the course, students will: Have gained a broad understanding of human rights as a discipline and be familiar with and able to explain the principal rules on human rights. Have a detailed knowledge of a specific area of human rights of their own choice. Recognise the interaction between Icelandic law and international human rights agreements. Skills and competences On completion of the course, students will: Be able to lead discussions and encourage dialogue on the topics of the course. Have gained proficiency in finding and applying legal materials and recognised methods in resolving legal issues. Know and be able to use recognised methods in conducting a literature review in the area of human rights. 10

11 Criminal Procedure Semester and length: Spring semester 7 weeks 6 ECTS Prerequisites: General requirements for admission to Master s studies Language: Icelandic Teaching methods: Lectures and realistic assignments Required course The course deals with the rules of law on criminal proceedings, the principles of criminal procedure, the public prosecutor and criminal prosecution, the defendant and defence attorney, the victim and victim s legal representative, investigation and criminal procedure at the district court level. The course curriculum will be specifically connected to students studies in criminal law. Learning outcomes: After the course, students will: Have an understanding of the principles on which criminal proceedings are based and be able to explain them. Have a knowledge of the rules on criminal proceedings and be able to apply these rules in solving realistic assignments. Have received training in searching for and applying judicial precedents in solving realistic assignments. 11

12 Philosophy of Law Semester and length: Summer semester 7 weeks 6 ECTS Prerequisites: General requirements for admission to Master s studies Language: Icelandic Required course Teaching methods: Lectures, discussions and projects What is law? Is it simply what the lawmaker says it is? Or do ethics place a limitation on what laws can be enacted? And in what does the power of laws consist? In threats of punishment? Or in guiding people in good conduct? And last but not least do the answers to philosophical questions such as these really matter? The course will provide a discussion of the major questions with which legal philosophers contend, both in terms of their content and the importance of asking them. The principal schools of thought in philosophy of law will be introduced (including legal positivism, natural law and pragmatism), as well as its central concepts. Although the course is mainly concerned with so-called analytic jurisprudence, it will also touch on questions concerning normative jurisprudence questions such as whether people are always required to obey the law and whether and why it is justifiable for the state to punish those who do not. Learning outcomes: The objective of the course is for students to gain an understanding of the central questions with which philosophy of law contends, and of the answers that different theories have proposed to these questions. On completing the course, students will be able to describe the features shared in common by ideas that have been grouped together and explain what distinguishes different schools and trends. Students receive training and gain some proficiency in analysing and comparing the legal-philosophical premises of different ideas and attitudes concerning topics in law. Students can furthermore apply critical legal thinking and reasoning in discussion and in solving problems within the scope of philosophy of law. 12

13 Legal Writing Semester and length: Summer semester 1 4-day seminar, in addition to time required for preparing summons and statement 3 ECTS Prerequisites: General requirements for admission to Master s studies Language: Instruction takes place in Icelandic Teaching methods: Lectures, discussions and projects Required course The objective of the course is to introduce the main documents encountered in legal professionals work. Among the documents that will be examined are summons, statements and assessment requests in civil suits and documents pertaining to enforcement procedures. The course will touch briefly on procedural points concerning summons and statements in civil suits. Learning outcomes: On completion of this course, participants shall be able to demonstrate knowledge, competences and skills as described here: Participants are familiar with the main documents relating to civil proceedings. Participants are familiar with the essentials of preparing summons, statements and assessment requests. Participants are familiar with the essentials relating to the requirements made of the above-mentioned documents, among other things on the basis of legislation on civil procedure. Participants can set up a simple summons, taking into account involvement, statement of claim, identification of representatives, etc. Participants can set up a simple statement, taking into account involvement, statement of claim, identification of representatives, etc. Participants can set up a simple assessment request. Participants can set up other the documents that will be described in the course. 13

14 Law and Legal Methods III Semester and length: Fall semester 14 weeks 6 ECTS Prerequisites: Law and Legal Methods I Language: The course is taught in Icelandic and in part in English Teaching methods: Lectures and assignments Required course The course is a continuation of the courses Law and Legal Methods I and II, which are taught at the BS level. It examines sources of law in greater detail and how these are used to arrive at a legal conclusion. The course explores sources of international law and their interaction with sources of national law. Statutory interpretation and various associated issues are discussed, including interpretation and use of provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the EEA Agreement. Emphasis is placed on solving realistic assignments. Learning outcomes: After the course, students will: have gained a good grasp of legal methodology and be able to analyse the premises of rules of law, have gained a deeper understanding of the nature of individual sources of law and how they are used, can analyse issues relating to the interaction between sources of international law and national law in a scholarly manner, have gained a deeper understanding of the methods of interpretation that are used in Icelandic jurisprudence, have increased their proficiency in solving realistic assignments testing the use of all sources of law and statutory interpretation. 14

15 Law of Contractual Obligations II Semester and length: Fall semester 7 weeks 6 ECTS Prerequisites: Law of Contractual Obligations I or an analogous course Language: The course is taught in Icelandic. Teaching methods: Lectures, discussions and projects Required course The course is a continuation of the course Law of Contractual Obligations I, which is taught at the BS level. The course delves deeper into the rules applying to claims, rights and obligations of parties to a creditor-debtor relationship, i.e., debtors and creditors. Substantial emphasis is placed on examining the legal effects of non-performance and discharge of claims. Learning outcomes: After the course, students will have a minute knowledge of the principles of contractual law and can discern and analyse how they are used in praxis. Students will also have gained proficiency in reading and interpreting legal provisions that apply within this field and know the main sources of law and professional literature. Students will achieve this through completion of an essay, group work in preparing a lecture and preparation for an oral examination. 15

16 Criminal Law Semester and length: Fall semester 7 weeks 6 ECTS Prerequisites: General requirements for admission to Master s studies Language: The course is taught in Icelandic. Instructor: Guðrún Sesselja Arnardóttir, solicitor Required course Teaching methods: Lectures and assignments The course will cover the general part of criminal law the principles of criminal law and basic concepts such as crime, the classification of crimes, requirements for and termination of criminal liability (criminality, illegality, culpability, soundness of mind and grounds for excluding criminal liability), self-defence and right of self-defence, attempt, complicity and voluntary abandonment. The course will also account for the system of penalties and the rationale or logic behind punishment. A guest lecturer will deal specifically with commercial law offences under the penal code and various special statutes, and economic crimes of the same nature will also be discussed. Learning outcomes: After the course, students will: Have a substantial knowledge of fundamental aspects of the general part of criminal law Have a particular knowledge of commercial law offences, with emphasis on economic crimes and their impact on corporate operations 16

17 Administrative Law II Semester and length: Fall semester 14 weeks 6 ECTS Prerequisites: Administrative Law I (Fundamentals of Administrative Law) Language: The course is taught in Icelandic. Teaching methods: Lectures and assignments Required course The course will explain the general substantive rules of administrative law. The course will deal with the principle of legality and statutory requirements under the Constitution of Iceland, the principle of obligatory discretion, rules on service charges, the principle of reasonableness, the principle of proportionality, abuse of procedure, the principle of equality and specific rules on equality. The course will also cover the amendment, rectification and annulment of administrative decisions, revision of a case, administrative complaints, supervision of authorities activities, including administrative and supervisory power and ministers organisational power (organisationsmagten), judicial review, theories of invalidity in administrative law and accountability for administrative acts. Learning outcomes: Published outcomes subject to change. After the course, students will: Know about the general substantive rules of administrative law and other rules and principles dealt with in the course. Have gained training in addressing challenges in the field of administrative law and resolving them in a systematic manner. Be able to find and interpret the relevant sources of law in solving assignments and be able to set forth clear and well-founded answers in doing so. 17

18 Property Law II Semester and length: Summer semester 7 weeks 6 ECTS Prerequisites: The course Property Law or an analogous course Language: Icelandic Instructor: Aagot Vigdís Óskarsdóttir Teaching methods: Lectures, discussions and projects Required course The course is a continuation of the course Property Law, which is taught at the BS level. The course will deal in greater detail with specific areas of property law. Among topics covered will be the concept of ownership, protection of property rights, expropriation and determination of compensation for expropriation, as well as the general limits to legal control. Next, attention will be turned to real property ownership, discussing among other things real property boundaries and classification and the work that has taken place on the basis of Act No. 58/1998 on Public Land and Determination of Boundaries of Private Land, Public Land and Highland Pasture. Particular attention will be given to issues of property rights as concerns resources. Learning outcomes: After the course, students will: Have gained an understanding of and can explain the nature and content of property law and the points of view that form the basis of rules on protection of property rights, expropriation and general limits to legal control Know about and can apply rules on the conditions and enforcement of expropriation and determination of compensation for expropriation Know and can apply the rules that apply to ownership of real property and have gained insight into and can explain the main legal issues that have been raised in Icelandic society concerning ownership of real property and the right to allocation and use of resources. 18

19 Introduction to Advocacy Semester and length: Summer semester 2 4-day seminar, in addition to time required for preparing summons and statement, together with moot court proceedings 3 ECTS Prerequisites: General requirements for admission to Master s studies Language: Instruction takes place in Icelandic Required course Teaching methods: Lectures, discussions, preparation for and participation in moot court. The course deals with courtroom advocacy, preparation for and realisation of courtroom proceedings and the work of judges and composition of judgments and production of evidence in court. Realistic assignments will be set up, and students will be taught to complete these under the tutelage of instructors who engage in such undertakings in their daily work. Learning outcomes: After the course, students will: know the methodology involved in preparing for courtroom proceedings and deciding court cases. have experience in engaging in courtroom advocacy dealing with real-life challenges. 19

20 International Tax Law I Semester and length: Elective 14 weeks 6 ECTS Prerequisites: General requirements for admission to Master s studies Language: The course is taught in Icelandic. Teaching methods: Lectures, assignments and discussions Elective The course can be roughly divided into three sections. The first deals with the subject matter and objectives of regulations in the field of international tax law. Also discussed will be the sources of law in this field and the interaction between national law, European law and the rules set down by international agreements, i.e., agreements for avoidance of double taxation and other agreements in the field of tax law. The second section will examine provisions of legislation on full and limited tax liability and other rules that come into play in taxation of those who fall under more than one jurisdiction. Next, the content of agreements for avoidance of double taxation based on the OECD model will be examined; the course will deal with their structure and principal aim and procedure for their interpretation. The main rules on the division of taxation rights on their basis and approaches used to avoid double taxation are covered. Taxation of both individuals and business enterprises will be addressed. The third and final section will examine specific topics relating to problems of taxation of multinational corporations and investments in multiple countries, i.e., regulations on thin capitalisation, mandatory joint taxation (controlled foreign corporation laws) and transfer pricing. Learning outcomes: On completion of the course, students will have a detailed understanding of the nature of the challenges that come into play in international tax law, understand and be able to explain basic points of view that are put to the test in resolving these problems and the interaction of sources of law involved. Students will be able to interpret agreements for avoidance of double taxation and solve realistic assignments pertaining to the division of taxation rights concerning the types of income that have been under discussion and be well prepared to familiarise themselves with other problems of a similar nature. Students will also have gained an understanding of and be able to explain the challenges involved in tax evasion and harmful tax competition, approaches that have been used to combat this and the limitations to which these approaches are subject. 20

21 International Tax Law II Semester and length: Elective, taught during summer semester 3 weeks 6 ECTS Prerequisites: It is necessary for students to have a basic knowledge of the principles of Icelandic tax law. Language: Lectures in Icelandic and reading materials in several languages. Teaching methods: Lectures, assignments and discussions Elective The course will review the roles and nature of European Community and European Economic Area law and examine the tasks of the major institutions of the EU and EFTA states. The course will thoroughly investigate the substantive relationship between EEA and EC law, particularly in the field of tax law, although it will be inevitably necessary to review all aspects of the four freedoms on which this law is based. The provisions of the four freedoms together with EU rules on competition, state aid and intellectual property rights make Iceland a participant in the internal market of the EU in this respect. The course will examine the characteristics of EC and EEA law as international contracts, exploring their legal substance and how and to what degree the EEA Agreement affects Icelandic tax law in the use and interpretation of tax legislation. The course will also go over other international agreements that are relevant in this context, particularly the OECD model tax convention on procedure to avoid double taxation of income and assets. The course will explore the ways in which court rulings in matters of EC law and rulings of the EFTA Court of Justice have had legal implications in the field of tax legislation and examine how case law has changed since 1993, when the EEA Agreement entered into force in Iceland. Judgments and decisions of the EC Court and the EFTA Court will be reviewed in order to illustrate more clearly the nature and substance of this law. Course objectives: That students gain a clear perspective on the principles of international tax law, and in particular a knowledge of the legislation and regulations applying to EEA rights. Provide a detailed overview of the substantive rules applying to the EC customs union, as well as the four freedoms, i.e., free movement of goods, free movement of workers, free movement and establishment of services and free movement of capital. Provide a detailed overview of the interaction of the rules of the EC/EEA Agreement and domestic legislation in the interpretation of tax legislation. Review EC and EFTA Court of Justice case law, as well as relevant judgments passed under Icelandic law, and examine how this law has developed. Examine in what manner EC and EEA law shapes rights and obligations for individuals and legal entities. Learning outcomes: After the course, students will: 21

22 Have a good understanding of and perspective on the unique position of European law and a perspective on the regulations that fall under international tax law. Have a proper knowledge of the rules and methods of statutory interpretation that must be applied in interpreting the rules of the EEA Agreement pertaining to harmonisation of legislation in the field of tax law. Indirect or direct tax and how judicial precedents have damaged and altered law that is undergoing constant development. 22

23 European Law II Semester and length: Fall semester weeks 6 ECTS Prerequisites: European Law I (6 ECTS). Language: Icelandic. Teaching methods: Lectures and assignments. Group, pair and individual projects are assigned in the course. Elective This course builds on the knowledge that students have gained in the course European Law I. The main emphasis will be on discussion of competition law, tax law, the Economic and Monetary Union (EMU), criminal law and human rights in the European Union, as well as discussion of EU foreign and security affairs. In addition, the course will cover the internal market of the European Union, with emphasis on the financial market. Learning outcomes: On completion of this course, participants shall be able to demonstrate knowledge, competences and skills as described here: Participants are familiar with and can solve assignments in the field of competition law in the European Economic Area. Participants are familiar with European tax law and can solve assignments relating to the EU. Participants are familiar with the essentials relating to the Economic and Monetary Union. Participants are familiar with and able to discuss the position of human rights and criminal law in the EU. Participants are familiar with and able to discuss EU foreign and security affairs. Participants are familiar with and understand the internal market of the EU and the main points relating to the financial market of the EU. Four projects are assigned in the course: two group assignments, one pair assignment and one individual assignment. An oral final examination will be held at the end of the course. The rules of the University apply to assignments and final examinations. Further information on assessment of studies can be found in the course plan. 23