1.2 Distinguish between civil law and criminal law. 1.3 Distinguish between common law and equity

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1 Tech Level Unit Title: Level: Level 3 Credit Value: 10 INTRODUCTION TO LAW AND THE LEGAL SYSTEM IN ENGLAND AND WALES Guided Learning Hours 60 Learning outcomes Assessment criteria Knowledge, understanding and skills The learner will: The learner can: 1. Understand the nature of law 1.1 Explain how law can be classified 1.2 Distinguish between civil law and criminal law 1.1 Explanation of how the law impacts on aspects of our daily lives; the pervasive nature of the law. Definitions of and comparisons between Common Law, Equity and Legislation. 1.2 Definitions of and comparisons between civil disputes and criminal cases eg: citations, burden of proof, standard of proof, objectives e.g.range of remedies and sanctions e.g punishment or damages 2. Understand the organs of government 1.3 Distinguish between common law and equity 2.1 Explain the sovereignty of parliament and the role of the monarch 2.2 Distinguish between the Houses of Commons and Lords 1.3 The meaning of equity, why and how it was created, its relationship to common law, its role in modern times, equitable maxims, equitable remedies. 2.1 Understanding the role of parliament and the monarch and where the power lies. 2.2 Understand the differing role, functions and work of the House of Commons and the House of Lords 2.3 Explain the separation of powers between: The executive The legislature The judiciary 2.3 Understanding the organs of government; the role of the three institutions within the constitution and the separation of powers.

2 2.4 Explain the role of the Lord Chancellor and the Ministry of Justice 3. Understand the sources of law 3.1 Explain the function of legislation 3.2 Explain what is meant by common law 3.3 Explain the concept of judicial precedent 3.4 Explain the use of case law 3.5 Explain the influence on UK law through membership of the European Union 3.6 Explain the influence on UK law of the European Convention on Human Rights 2.4 Understand the nature of the work undertaken and role performed by the Lord Chancellor. Understand how he is appointed and an outline of the role and work undertaken by the Ministry of Justice. 3.1 Outline of primary and secondary legislation and how a Bill becomes an Act and the different types of secondary legislation ie: Statutory Instruments, and Bye-Laws and Orders in Council, with examples 3.2 Understanding that common law is made up of judicial precedent rather than statute. 3.3 The meaning of binding and persuasive judgments; use the court hierarchy to illustrate the binding nature of the United Kingdom Supreme Court (with reference to the 1966 Practice Direction), and the Court of Appeal (with reference to Young v Bristol Aeroplane Co 1944 and all other relevant case law and the High Court; the impact of other influential courts, to include : the European Court of Justice, The European Court of Human Rights and the Privy Council; the doctrine of stare decisis. 3.4 Defining case law with the use of examples; definition of a judgment including Ratio Decidendi and Obiter Dicta and how case law is used as a source 3.5 Primary and secondary sources such as Treaties Regulations Directives of EU law with reference to how the individual member states are subject to it. As well as knowledge of European institutions and their role in the creation and application of EU Law. 3.6 An outline of the rights and freedoms contained in Schedule 1 of the ECHR; an illustration of their application in case law. Also the effects of sections 2, 3, 4, 6 and 7 of the HRA.

3 4. Understand the principles of statutory interpretation 5. Understand the hierarchy and function of the courts 4.1 Explain how statutes are interpreted with reference to: statutory definitions common law rules 5.1 Explain the function of the Supreme Court 5.2 Identify the courts exercising civil jurisdiction and any appeal function 5.3 Describe the nature of the work undertaken in the civil courts 5.4 Explain how the courts operate with reference to the Civil Procedure Rules 5.5 Identify the courts exercising criminal jurisdiction and any appeal function 5.6 Describe the nature of the work undertaken in the criminal courts 4.1 Understand and be apply to define the difference between statutory definition and common law rules 5.1 Understand the role, function, jurisdiction and personnel of the Supreme Court 5.2 The roles, function, jurisdiction and personnel of the County Court, the High Court, the Court of Appeal and the United Kingdom Supreme Court; the main objectives of Civil Procedure Rules 1998 including the purpose of the overriding objective; the three track system (small claims, fast track and multi-track). An outline of the appeals route including: County Court or High Court Appeals against Judgment to Civil Division of Court of Appeal. 5.3 The roles, function, jurisdiction and personnel of the county court, high court, court of appeal and Supreme court 5.4 Understand the main objectives of the Civil Procedure Rules including the purpose of the overriding objective and the three track system. 5.5 Outline of the appeals route including: Magistrates to the Crown Court including appeals against conviction and to the Divisional Court of the High Court by means of case stated on a point of law and United Kingdom Supreme Court and Crown court appeals against conviction and/or sentence to the Court of Appeal Criminal Division of the Court of Appeal and the Criminal Cases Review Commission 5.6 The roles, function, jurisdiction and personnel of the Magistrates Court, the Crown Court, the Court of Appeal and the United Kingdom Supreme Court and Juries; explaining, with examples, summary offences, offences triable either way and offences triable only on indictment;

4 6. Understand the personnel of the English legal system 5.7 Explain how the courts operate with reference to the Criminal Procedure Rules 6.1 Explain the work of: judges generally and circuit and district judges magistrates barristers solicitors chartered legal executives paralegals the main objectives of Criminal Procedure Rules 2010 including the purpose of the overriding objective. 5.7 Understand the main objectives of the Criminal Procedure Rules 2015 especially in relation to case management and jury irregularities 6.1 Judicial appointment and qualifications in relation to Justices of the Supreme Court, Lords Justices of Appeal, High Court Judges, Circuit judges, Recorders and District judges; an understanding of the jurisdiction of each level of judge as to the cases which can be heard. * How magistrates are appointed and the appointment criteria; the role of the Justices Clerk and the role magistrates play within the criminal legal system; the advantages and disadvantages of a hearing before magistrates *The nature of the work undertaken by barristers both in court and in preparing advice for clients; barristers in chambers; the type of work carried out; the role of the governing professional body ie: The Bar Standards Board and code of conduct; The Legal Services Board. The Office for Legal Complaints * The nature of the work undertaken by solicitors and the role of the governing professional body ie: the Law Society and Solicitors Regulation Authority (SRA) and code of conduct; The Legal Services Board. The Office for Legal Complaints. *The role of Chartered Legal Executives including the nature of the work undertaken by Chartered Legal Executives and their regulation and work which may not be undertaken; the role of CILEx Regulation, The Legal Services Board; The Office for Legal Complaints * understand the role of paralegals and what they are and are not allowed to do

5 7. Understand the alternatives to litigation through Alternative Dispute Resolution 7.1 Explain what is meant by, and how disputes might be resolved through, ADR: arbitration mediation negotiation conciliation 7.2 Explain the key differences between arbitration and mediation 7.1 Outline of the circumstances in which each alternative method of ADR would be appropriate and an understanding and ability to define the various types of ADR 7.2 Be able to understand and discuss the differences between arbitration and mediation 8. Understand basic legal terminology in the context of a court case 7.3 Explain the advantages and disadvantages of ADR. 8.1 Explain the meaning of the following: Claimant Defendant Counsel Prosecution Trial Application Statements of truth Contempt Examination in chief Cross examination Opening speeches Closing speeches Summing up Judgment Appeal 7.3 Be able to understand and discuss the likely advantages and disadvantages of each type of ADR when compared to each other and to litigation. 8.1 Explanation of each of the points of terminology and there meaning within court cases

6 Burden of proof and Standard of proof o Civil o Criminal 9. Understand how to apply knowledge of the Law in England and Wales 9.1 Apply knowledge of Law and the Legal system in England and Wales to a given situation 9.1 Application to a scenario

7 Additional information about the unit Unit aim(s) Name of the organisation submitting the unit Availability for use Availability for delivery 1 September 2016 The learner will understand key underpinning concepts, terms and processes in Law, the practice of Law and the Legal System CILEx (The Chartered Institute of Legal Executives) Only available to owning awarding body

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