Access to Higher Education Diploma. Law. Subject Set. Rules of Combination and Unit Specifications. Ascentis July 2015.

Transcription

1 Access to Higher Education Diploma Law Subject Set Rules of Combination and Unit Specifications Page 1 of 22

2 Law Introduction to Law Making UNGRADED ACADEMIC SUBJECT CONTENT Credit Value of Unit 3 GLH of Unit 30 Level of Unit 3 Learning Outcomes The student should be able to 1 Understand the procedures by which the main sources of law in England and Wales are made. 2 Demonstrate an understanding of the process by which at least one source of law is made. 3 Evaluate the positive and negative aspects of at least one source of law. Assessment Criteria The student can 1.1 Explain key processes and procedures relevant to law making. 1.2 Illustrate understanding of key procedures using relevant statutes and/or case law. 2.1 Describe the procedures involved in the process by which at least one source of law is created including any relevant rules and institutions. 2.2 Explain any controls and systems used to regulate a source of law. 3.1 Analyse and evaluate the effectiveness of the process by which a source of law is made. Assessment Methodology A word assignment Indicative Content Please note that the indicative content supplied below is intended as a suggested guide only. It is not meant to be a prescriptive, exhaustive or fully delivered content list. If you would like more information about the indicative content please contact development@ascentis.co.uk. Statute Green and white papers, public, private and Private Members Bills, examples of statutes, stages of statute creation, influences on Parliamentary law-making, Parliamentary sovereignty, advantages and disadvantages of the process of statute creation Case law Hierarchy of the courts, judgments, law reports, stare decisis, ratio decidendi, obiter dicta, binding and persuasive precedent, the Practice Statement, appeals, avoiding precedent, advantages and disadvantages of judicial law making. Delegated Legislation Bylaws, orders in council, statutory instruments - creation of these types of law including bodies that make them, who they affect and examples. Control by Parliament and the courts, advantages and disadvantages of delegated legislation. European Union Law Types of EU law, institutions of the EU, relationship between EU and UK law advantages and disadvantages of EU law. Statutory Interpretation Rules of stator interpretation- literal, golden, mischief and purposive approaches with relevant case law Page 3 of 22

3 Intrinsic and extrinsic aids Rules of language with relevant case law Advantages and disadvantages of the rules of statutory interpretation Validation end date: 31 August 2019 Page 4 of 22

4 Law The English Legal System (Examination) (Alternative Assessment) GRADED ACADEMIC SUBJECT CONTENT Credit Value of Unit 6 GLH of Unit 60 Level of Unit 3 Learning Outcomes The student should be able to 1 Understand the roles of institutions and/or personnel involved in administering different aspects of the English legal system. 2 Demonstrate an understanding of the rules and procedures involved in administering at least two aspects of the English legal system. 3 Evaluate the positive and negative aspects of at least two procedures within the English legal system. Assessment Criteria The student can 1.1 Explain key concepts relevant to the English legal system. 1.2 Demonstrate an understanding of the procedures, institutions and/or personnel involved in administering at least two different aspects of the UK legal system. 2.1 Explain any relevant legal rules and cases that apply to the procedures. 3.1 Analyse and evaluate the process of at least two procedures within the English legal system. Assessment Methodology A formal unseen two-hour written examination Grading of this unit The following grade descriptors will be applied to the assessment of this unit: 1 Understanding of the subject 2 Application of Knowledge 3 Application of Skills 5 Communication and Presentation 6 Autonomy and/or Independence 7 Quality Please refer to the QAA Grade Descriptors for detail of the components of each descriptor Page 5 of 22

5 Indicative Content Please note that the indicative content supplied below is intended as a suggested guide only. It is not meant to be a prescriptive, exhaustive or fully delivered content list. If you would like more information about the indicative content please contact development@ascentis.co.uk. Civil Courts and Procedure Hierarchy of the civil courts, appeals, Procedure before a civil trial instruction of a solicitor, pre-action protocols, issue of proceedings, allocation, responding to a claim form, case management Remedies damages, injunction Advantages and disadvantages of the civil courts Alternative Methods of Dispute Resolution Negotiation, mediation, conciliation, arbitration, tribunals procedure, types of dispute Advantages and disadvantages of each type of dispute resolution Advantages and disadvantages of alternative methods of dispute resolution Lay People in the Criminal Courts Hierarchy of the criminal courts, appeals, Juries selection and role Magistrates appointment, training, role, Advantages and disadvantages of the use of juries and magistrates Legal Profession and Other Forms of Legal Advice Solicitors, barristers, legal executives qualification, role Other sources of legal advice, e.g. citizens advice bureau, Trading Standards Institute, pro-bono work Community Legal Service funding, Criminal Defence Service, conditional fee agreements. Evaluation of the legal profession and of other sources of advice and funding Judiciary Judges appointment, role, training, dismissal Independence of the Judiciary Advantages and disadvantages of the judiciary Validation end date: 31 August 2019 Page 6 of 22

6 Law Criminal Law GRADED ACADEMIC SUBJECT CONTENT Credit Value of Unit 6 GLH of Unit 60 Level of Unit 3 Learning Outcomes The student should be able to 1 Understand the rules and cases governing at least one aspect of criminal law. 2 Demonstrate an understanding of the way in which the rules of at least one area of criminal law are applied by the courts. 3 Demonstrate an understanding of the effectiveness of an area of criminal law. Assessment Criteria The student can 1.1 Explain the key rules and cases that are relevant to an aspect of criminal law. 1.2 Illustrate a logical understanding of the rules using relevant statutes and/or case law. 2.1 Show how the courts apply the rules of an area of criminal law in order to find a defendant guilty of any offence. 2.2 Analyse any relevant case law and statutes that apply to the area of law. 2.3 Describe any defences that may be used by a defendant accused of the particular offence. 3.1 Analyse any changes made to the area of law over recent years. 3.2 Evaluate the advantages and disadvantages of the area of law. 3.3 Analyse any suggestions for reform of the area of law. Assessment Methodology A word assignment Grading of this unit The following grade descriptors will be applied to the assessment of this unit: 1 Understanding of the subject 2 Application of Knowledge 4 Use of Information 5 Communication and Presentation 7 Quality Please refer to the QAA Grade Descriptors for detail of the components of each descriptor Page 18 of 22

7 Indicative Content Please note that the indicative content supplied below is intended as a suggested guide only. It is not meant to be a prescriptive, exhaustive or fully delivered content list. If you would like more information about the indicative content please contact development@ascentis.co.uk. Elements of a Crime Actus Reus, omissions, causation Mens rea intention, recklessness Transferred malice, coincidence of actus reus and mens rea, strict liability Non-Fatal Offences Against the Person Assault, battery, actual bodily harm, grievous bodily harm. Homicide Murder, diminished responsibility, loss of control, suicide pact. Unlawful act manslaughter, gross negligence manslaughter. Offences Against Property Theft, robbery, burglary, criminal damage. Defences Insanity, automatism, intoxication, mistake, self-defence, duress, necessity, consent. Barred Combinations This unit cannot be taken with: Elements of a Crime and Criminal Procedure Validation end date: 31 August 2019 Page 19 of 22

8 Law The Law of Tort GRADED ACADEMIC SUBJECT CONTENT Credit Value of Unit 6 GLH of Unit 60 Level of Unit 3 Learning Outcomes The student should be able to 1 Understand the rules and cases governing at least one aspect of the law of tort. 2 Demonstrate an understanding of the way in which the rules of at least one area of the law are applied by the courts. 3 Demonstrate an understanding of the effectiveness of an area of tort law. Assessment Criteria The student can 1.1 Explain the key rules and cases that are relevant to an aspect of the law of tort. 1.2 Illustrate a logical understanding of the rules using relevant statutes and/or case law. 2.1 Show how the courts apply the rules of an area of the law of tort in order to establish liability in a case. 2.2 Analyse any relevant case law and statutes that apply to the area of law. 2.3 Describe any defences that may be used by a defendant who is being sued under law of tort. 3.1 Analyse any changes made to the area of law over recent years. 3.2 Evaluate the advantages and disadvantages of the area of law. 3.3 Analyse any suggestions for reform of the area of law. A word assignment Assessment Methodology Grading of this unit The following grade descriptors will be applied to the assessment of this unit: 1 Understanding of the subject 2 Application of Knowledge 4 Use of Information 5 Communication and Presentation 7 Quality Please refer to the QAA Grade Descriptors for detail of the components of each descriptor Indicative Content Please note that the indicative content supplied below is intended as a suggested guide only. It is not meant to be a prescriptive, exhaustive or fully delivered content list. If you would like more information about the indicative content please contact development@ascentis.co.uk. Negligence Duty of care, breach of duty, damage and causation, res ipsa loquitur Psychiatric injury (nervous shock) primary victims, secondary victims, rescuers Medical negligence and consent to medical treatment Page 20 of 22

9 Pure economic loss, negligent statements Defences contributory negligence, volenti non fit injuria Product Liability Liability in negligence and contract law Liability under the Consumer Protection Act 1987, defences available Occupiers Liability Visitors Occupiers Liability Act 1957 Definition of occupier, duty in relation to adults, children, skilled visitors, warnings, independent contractors, exclusion clauses, consent, contributory negligence. Trespassers Occupiers Liability Act 1984 When the Act applies, the nature of the duty, avoiding liability. Nuisance Private nuisance indirect interference, with the use and enjoyment of land, unlawful interference Defences prescription, statutory authority, coming to the nuisance, social utility Remedies damages, injunction Public nuisance elements of the tort, defences and remedies The Rule created in Rylands v Fletcher Something brought onto the land, likely to do mischief if it escapes, the thing escapes, a non-natural use of the land Defences statutory authority, consent, act of a stranger, act of God Remedies damages, injunction Vicarious Liability Effect upon liability, purpose of strict liability Tests to establish whether a worker is an employee Establishing whether a person is working in the course of employment Remedies Damages general and specific, mitigation, lump sum or structured settlement Injunction effect of an injunction, mandatory and prohibitory, interim (interlocutory) Validation end date: 31 August 2019 Page 21 of 22

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