LLB Law (Graduate Entry)

This course considers everything from the theory of why and how someone is held responsible for criminal actions, to many specific crimes, including murder, the less serious crimes of personal violence, crimes of dishonesty, breach of the peace and attempting to pervert the course of justice.

This class engages with some challenging problems faced by law within contemporary society. It introduces students to some aspects of the social, political, and ethical conditions in which law operates. It deals with the interaction of law with justice, politics, morals and equality. The course will examine the role and challenges of law in times of social change. The course is structured around three key themes:

• legal reasoning
• law & politics
• law & social change

The aims of this class are to:

• provide you with a basic knowledge of the history, structure and institutions of the Scottish legal system
• provide you with the skills required to find, interpret and analyse the law applicable in Scotland, from all their various sources
• introduce you to competing conceptions of law
• introduce you to legal reasoning

• enable students to comprehend the structure, function, operation and proposals for reform of the courts and tribunals in Scotland
• introduce students to the institutions and people involved in legal processes in Scotland
• expose students to an established body of socio-legal scholarship on legal process and to encourage students to use this knowledge to critically assess liberal rule of law ideology
• consider the professional personnel who inhabit the legal world and to examine within broader social and comparative context their respective roles and functions, their recruitment, training, complaints procedures and disciplinary sanctions
• explore on a comparative basis social, political and economic issues in relation to the provision of legal services in Scotland

The aims of this class are to develop knowledge and critical analysis of:

• the nature of the United Kingdom constitution, including the ways in which the constitution has changed in recent decades, and key proposals for further reform
• the sources of constitutional rules, both legal and non-legal
• the central principles of the constitution, including democracy, the rule of law, the separation of powers, the sovereignty of Parliament, responsible government, and fundamental human rights
• the structure, composition, functions and powers of legislative, executive and judicial institutions in Scotland and the United Kingdom
• the impact of European Union membership on the location of power within the United Kingdom constitution, and of the relevance of European human rights law

While the most obvious aim of this course is to familiarise students with Scottish contract law and voluntary obligations, this aim may be divided into a number of sub-aims. They are as follows:

• to place voluntary obligations within the general framework of Scots Law
• to place the Scots law of voluntary obligations within its European context
• to analyse and explain how contracts and promises are formed
• to analyse and explain how voluntary obligations may be vitiated and on what grounds their validity may be challenged
• to analyse and explain the substance of contracts and how the inclusion and exclusion of rights and liabilities is circumscribed by law
• to analyse and explain how contracts break down or otherwise come to an end and the remedies available when they do

Family law concerns the control which the law exerts over domestic relationships and families; it affects everyone to a greater or lesser degree.

Topics include:

• the legal status of children, parental responsibilities and rights and the upbringing of children - including issues in adoption and fostering, local authority care and the Children's Hearing system
• legal consequences of marriage/civil partnership
• divorce - including what happens to the family and its financial consequences
• unmarried domestic relations, opposite-sex and same-sex

Following on from Public Law 1, Public Law 2 aims to consolidate knowledge and understanding of constitutional and administrative law. Students taking this class will be required to have taken Public Law 1 in the first year. It'll build upon knowledge of the key concepts and institutions of the UK constitution.

As a second year class, its rationale is to give you the opportunity to progress from an understanding of the constitution to an understanding of the role of the law in the constitutional control of public power. This course encourages you to adopt an evaluative and critical stance towards ongoing constitutional developments. The course will focus on control of administrative action, both by the judiciary and by ombudsmen. The protection of individual rights will be a key feature, focusing on judicial protection but also encompassing the role of human rights institutions in the UK and Scotland. The future control of public power will be discussed, including topical debates concerning constitutional reform in this area.

Commercial law is a second year compulsory subject on the LLB (and LML) degree. The class provides you with an understanding of commercial law in a Scottish context. It partially meets the commercial law subject requirements and related skills outcomes of the Law Society of Scotland and the Faculty of Advocates (albeit that some of the commercial professional topics, eg sale of goods and insurance law, are dealt with by other courses).

Building on the knowledge you acquire in first year, the general academic objective of the course is to examine the basic principles and rules concerning core aspects of commercial law, including the main principles of agency, partnership and company law, the law relating to various methods of payment (including consumer credit and bills of exchange) the rules governing the ways in which creditors can ‘secure’ repayment of a debt (eg through taking personal guarantees from third parties for repayment of the debt, or by establishing rights in security over debtor property); the basic principles of diligence; the consequences of both corporate and individual debtor inability to repay debts (corporate insolvency and personal bankruptcy respectively).

While the focus of the class is on ‘a black letter’ analysis of relevant statutory and common law in the broad commercial area, in order to aid understanding of relevant principles, the class also examines the policy rationales underlying the current law and recent and projected reforms in this area.

The general rationale of this class is to provide you with a contemporary understanding of the law of property, trusts and succession in Scotland, and to meet Law Society of Scotland requirements in this subject-area.

The EU law class focuses on the constitutional and institutional order of the EU as well as on the internal market. To this end, the class looks at the European integration process, the EU institutions, EU competences, the decision-making process within the EU, the principles underpinning the EU legal order and the principles governing the internal market.

The design of this class is primarily aimed at enhancing your ability to read cases, deal with case law and apply the techniques of case-analysis and common law development.

You'll acquire an in-depth and up-to-date knowledge and understanding, from both a legal and a social perspective, of the rules of law governing involuntary obligations, that is to say the law of delict and the law of unjustified enrichment.

You'll acquire the ability to apply the rules of law to particular fact situations in order to provide definitive answers to the problems exposed in these situations.

You'll develop critical and reasoning skills, giving you the ability to make and present personal and informed judgments on the rules of law and their application within the domestic legal system.

The main focus of the course is on providing an overview of how the handling and proving of facts works in law and how this interacts with the law of evidence. The emphasis is on understanding and application, rather than the learning of the specific details of legal rules.

The course has three general academic aims:

• to introduce students to theoretical and practical issues relating to the use and proof of facts in the Scottish legal system
• introduce students to the central concepts, rules and principles of the Scots law of Evidence
• give students an understanding of the interrelationship between the theory, practice and law relating to the use and proof of facts in the Scottish legal system