to them the most – requiring justification ie what would they enjoy about operating in the role of a barrister/solicitor/legal executive? Why would they prefer their chosen pathway over one of the other roles? Access to justice and funding: alternative sources of legal advice funding alternatives. Identify the alternatives to visiting a solicitor. Describe in outline how legal work of different types can be paid for. Research: the different ranks of the judiciary. Week 10 Judiciary: types and function of judges judicial immunity. Outline the different ranks of the judiciary and explain their respective functions. Question: Analyse the need for judicial immunity and how it can successfully be achieved. Week 11 Law and justice: definition of justice achieving justice in the system. Analyse the competing theories as to the meaning of justice. Evaluate whether the legal system is successful in achieving justice. Homework: Watch and to help you understand the theories of justice and morality. Law and morality: definition of morality (diversity of views) enforcement of moral values by the legal system. Analyse the competing theories as to whether the law should enforce morality. Explain and illustrate the extent to which the law does enforce morality. See above in justice. Watch the following . Take notes on the key points. Bring them to the next lesson. Week 12 Law and fault: fault in the criminal law fault in the civil law. Assessment: Explain the different types of fault used in civil and criminal law. Analyse the reasons for the use of fault based liability.
Week 13 Law and competing interests: nature of different interests which may conflict the role of the law in resolving competing interests. Analyse the competing theories as to which interests the law should prioritise. Research and identify examples of when the law must prioritise different interests. Week 14 Actus reus: voluntary acts omissions. Explain the voluntary nature of a legally valid actus reus. Identify the circumstances in which the law imposes a duty to act. Research the key cases for the ‘but for’ test and explain the key points in your own words. Week 15 Actus reus (continued): causation in fact causation in law. Describe the ‘but for’ test. Analyse when the chain of causation is broken and when it is not. Complete the following causation scenario Activity 1: Mr Martini’s revenge. As an extension this to do non-fatal offences. Refer to the for additional practice scenarios. Week 16 Mens rea: intention and subjective recklessness strict liability transferred malice coincidence of actus reus and mens rea. Define intention and subjective recklessness. Analyse the requirements for an offence of strict liability. Question: Describe the concepts of transferred malice and coincidence. Week 17 Murder: murder voluntary manslaughter – loss of control and diminished responsibility. Identify the elements required for murder. Explain and analyse the circumstances in which a defendant can rely on one of the partial defences. Read the and watch the relevant videos. Consider why a partial defence was not available. How can you use this to evaluate the law? Week 18 Involuntary manslaughter: unlawful act manslaughter gross negligence manslaughter. Assessment: Identify and explain the required elements for involuntary manslaughter. Analyse when involuntary manslaughter can arise in terms of unlawful acts and a duty of care.
Week 19 offences against the person: assault and battery Actual Bodily Harm (ABH), contrary to s47 Offences against the Person Act 1861 (OAPA 1861) Define the respective elements of the actus reus and mens rea of: assault, battery and ABH. Question: Explain the relationship between the three offences. Week 20 Non-fatal offences against the person – Grievous bodily harm (GBH) and wounding contrary, to s18 and 20 OAPA 1861. Define the respective elements of the actus reus and mens rea of both s20 and s18. Explain the relationship between the two offences. Complete the following . – actus reus: appropriation property belonging to another. Define the concept of appropriation. Explain what does and does not amount to property. Analyse the circumstances in which items belong to another. Get the class to use their whiteboards and complete the following Week 21 – mens rea: dishonesty intention permanently to deprive. Define dishonesty in terms of statutory provision and the common law. Explain the circumstances in which the law holds that an intention permanently to deprive exists. Research: the AR and MR of Robbery. Write notes on the key cases. Week 22 Robbery: actus reus of robbery mens rea of robbery. Define the elements of the actus reus and mens rea of robbery. Explain the relationship between robbery and theft. Research: research the Criminal Attempts Act 1981. Identify and explain the key provisions. Week 23 Attempts – Requirements of s1 Criminal Attempts Act 1981 Define the requirements necessary for an attempt. Question: Analyse when behaviour does or does not fall of an attempt.
Week 24 Defences: capacity defences – insanity, intoxication and automatism necessity defences – self-defence, duress and duress of circumstances. Explain the elements of each defence. Identify the circumstances in each offence is likely to be relevant. Research: the key elements of automatism. Week 25 Theory in criminal law: harm fault principles of criminal law. Analyse harm as a basis for criminalising conduct. Explore the concepts of fault and individual responsibility in the context of the criminal law. End of unit assessment. Question: Examine principles relevant to formulating the rules of criminal law. Week 26 Negligence – injury and damage to property: the ‘neighbour’ principle and the Caparo three-part test theory of tort law – public policy factors governing the imposition of a duty of care. Identify the tests for imposing a duty of care. Explain the three stages of the Caparo test. Question: research and analyse public policy factors involved in imposing a duty of care. Week 27 Negligence – injury and damage to property: breach of duty – the objective standard of care theory of tort law – factors governing the objective standard of care. Identify risk factors governing the behaviour of the reasonable person. Analyse the factors setting the standard of care. Question: explain the nature of the objective standard of care. Week 28 Negligence – injury and damage to property: causation in fact causation in law (remoteness of damage). Identify the test for causation in fact. Explain and illustrate the test for causation in law. Research and take notes on defences in negligence. Week 29 Defences to an action in negligence: contributory negligence consent (volenti non fit injuria). Identify the requirements for each defence. Explain the consequences for the parties if a defence is successful. Research the general principles of compensatory damages.
Week 35 Private nuisance: parties to an action for negligence factors governing an unlawful interference. Identify the rules governing claimants and defendants. Examine the factors governing an unlawful interference. Research defences to private nuisance. Take notes on the key defences. Week 36 Private nuisance: defences to an action for nuisance remedies of damages and injunctions theory of tort law – factors governing the grant of an injunction. Identify and illustrate the defences to an action in nuisance. Question: Examine when the remedies of damages and an injunction may be available. Week 37 The rule in Rylands v Fletcher: elements required to establish liability defences and remedies available. Identify the elements required to establish liability under the ‘rule’. Explain the defences and remedies. this . Take notes on the key points. Week 38 Vicarious liability: an employer’s liability for the actions of an employee during the course of employment other areas of vicarious liability theory of tort law – nature and purpose of vicarious liability. Vicarious liability end of unit assessment. Read the and see how you can apply it to vicarious liability. Explain the legal teaching taken from it. Read at this of Cox v MoJ 2016. What is the legal principle taken from this case?
List of suggested wider reading sources/videos and websites: The Justice Game (Robertson) Getting into Law (ed. Lygo) The Search for Justice (Rozenburg) Understanding Law (Adams and Brownsword) Law and Modern Society (Atiyah) On Evidence (Murphy) The Rule of Law (Bingham) Bonfire of the Liberties: New Labour, Rights (Ewing) Very Short Introduction to Human Rights (Clapham) Very Short Introduction to the Philosophy of Law (Wacks) Podcasts on Iplayer: Law in Action, Unreliable Evidence Websites: www.ted.com, www.lawstudent.tv, www.lawcom.gov.uk University Rankings for 2018 Cambridge 6) Durham Oxford 7) Edinburgh London School of Economics 8) Bristol University College London 9) King’s College London Glasgow 10) Aberdeen Careers: Most common career links include… Solicitor Barrister Legal Executive - Government policy advisor - Legal Policy Legal Consultant - Entrepreneur - Recruitment Teacher - Banking - Social Manager Legal Strategist - Finance - Stockbroker Resource Management - Business Management - Data Analyst