Law and Practice with Foundation Year BA (Hons)

This year focuses on the civil justice system and property law aspects of English Law. The aim is to provide an elevated level of legal knowledge, ready for progression on to year three. Students who successfully complete year two are eligible for a Higher National Certificate (HNC) in Law and Practice.

Modules

• The Legal System of England and Wales and Public Law

  This module aims to provide you with a broad and critical understanding of the structure and functions of the constitutive elements of the legal system of England and Wales. You will examine constitutional issues associated with legal doctrines. In addition, it aims to provide you with insight into aspects of legal professional practice and law in the workplace.

  The module introduces you to the elements of the civil and criminal systems, the framework of Legal Institutions, Alternative Dispute Resolution, and the legal professions. Theoretical perspectives of law will also be investigated including the nature and function of the law.

  Attention will be drawn to the practical perspectives of the courts in action and the legal workplace. You will also explore and critique some of the philosophical arguments that lie behind constitutional and human rights discourses.

  Upon successful completion of this module, you will have knowledge of the principal features of the English Legal System including its institutions, civil and criminal procedures, and sources of law. You will also have gained knowledge of Constitutional principles and their impact on government. Finally, you will be able to demonstrate an understanding of the legal and conventional constraints on the exercise of government power, Human Rights protections, and administrative law remedies (including Judicial Review).

  Compulsory

• Contract Law

  The aim of this module is to ensure that you understand key underpinning concepts, terms, and processes in the area of Contract Law. This module will provide you with a foundation for study in other substantive law modules with a commercial focus. You will be introduced to the nature of contractual obligations under the common law as affected by the statute. You should gain an understanding of the operation of contract law in practice, the factors that have influenced its development, and the factors that may affect its future development.

  At the outset of the module, you will be provided with an understanding of what constitutes a valid enforceable contract. You will then explore and should gain an understanding of resulting obligations, the rights of third parties, terms, and the interpretation of contracts. You will build upon this knowledge and explore vitiating factors, the discharge of contractual obligations, and the remedies available at both common law and equity. You will also be introduced to the role of tortious liability and will recognise the importance of the law of restitution.

  This module will consider a range of skills required for successful legal academic study and will provide you with the opportunity of developing these skills within a supportive and culturally sensitive environment.

  Compulsory

• Advocacy and Legal Skills

  Advocacy and legal skills form a substantial part of the career of any legal professional. The aim of the module is to provide you with a working knowledge of practical legal skills and professional ethical awareness in the areas of Advocacy, Drafting, Interviewing and Negotiation.
  
  Advocacy aims to develop your skills in analysis, and argument and practice the skills of an effective advocate in a court or tribunal. The skills taught are particularly relevant if you are considering an advocate's role in the legal profession, but the skills learned are also transferable to any field requiring an element of public speaking. Entwined with this are drafting skills ranging from filing forms, letters, and arguments to drafting court documents. You will be expected to place importance on the content of the written piece ensuring that it is complete, relevant and accurate in accordance with legal precedents and professional standards.
  
  In addition to this, the module will also examine the need for client care and identify how to care for clients appropriately. It will highlight effective interview techniques, record keeping, note taking, and how to disseminate information resulting from an interview. Negotiation will also be explored and a discussion revolving around types, techniques and the advantages and disadvantages surrounding the area. You will be required to demonstrate research, understanding and application of law.

  Compulsory

• Tort Law

  The module is designed to provide you with an understanding of the Law of Tort and the main range of civil actions that provide remedies to those who have suffered loss as a result of a defendant’s carelessness or unreasonable conduct. It will help you appreciate the varied economic, social, and legal contexts in which the law of tort exists.

  You will be introduced to the law of negligence by considering the concept of the duty of care and the relevant tests for deciding liability through the rules governing breach of duty, foreseeability, remoteness of damage and defences. Other significant torts will also be covered including defamation, trespass, and nuisance as well as the rules governing remedies in tort actions. Aspects of vicarious liability and when an employer is liable for employee’s actions will be discussed in detail.

  Compulsory

This academic year builds on the knowledge gained in year one to cement a solid foundation of core principles. Now that you are working to a higher level after completing the HNC, you will aim to extend your knowledge from the basic financial practices. In this year, you enter the management arena and will begin to focus on the role of leadership within accounting. Operating from a business point of view, you will primarily focus on the role of the accounting profession, legislation and governance.

Students who successfully complete year three are eligible for a Higher National Diploma (HND) in Law and Practice.

Modules

• Criminal Law and Practice

  The Criminal Law and practice module is intended to introduce the key concepts of criminal law and criminal litigation in England and Wales within its applications to real-life scenarios. You will examine the general principles of criminal law and its specific substance in particular offences. The offences include those involving property, non-fatal offences against the person, sexual offences, and fatal offences. In this module, you will learn key doctrines and rules relating to a number of offences and gain insight into how criminal liability is incurred and the exclusions of liability. This includes looking at aspects of actus reus, mens rea and the general defences that exist. Case law will be examined to see how the doctrines and rules relating to criminal law have developed and whether we have certainty in this area of law.

  As part of this module, you should gain knowledge in both client care and criminal litigation and should obtain an understanding of the professional requirements and skills to run a criminal file in practice. As part of the assessment strategy for this module you will be asked to demonstrate your knowledge and understanding of the rules relating to criminal practice by producing documentation that would be required of you in practice.

  This module will highlight the powers of the police in relation to arrest and detention for the purposes of investigating criminal offences. You will then examine the aspects of the principal functions and the procedures of the magistrate and crown court. Disclosure of evidence and the function and mode of the trial proceedings will be discussed and investigated. The sentencing procedure will be inspected and explored along with the provisions of funding a criminal case in relation to advice, assistance and representation at varying levels.

  Compulsory

• Dispute Resolution

  You will be required to gain knowledge in both client care and civil litigation and should gain an understanding of the professional requirements and skills needed to run a civil file in practice. As part of the assessment strategy for this module, you will be asked to demonstrate your knowledge and understanding of the rules relating to civil practice by producing documentation that would be required of you in the workplace.

  The module will start with an exploration of the civil court hierarchy and the alternative methods of resolving disputes without litigating. You should gain understanding that Alternative Dispute Resolution (ADR) aids the resolution of civil disputes without proceeding to court. You will be able to critically discuss the use of ADR by exploring the advantages and disadvantages of its use together with the ethical and tactical considerations that face a lawyer in practice. Various methods of ADR will be explored including arbitration, negotiation, mediation and conciliation.

  You will then learn how to run a civil client file from the first client interview to trial. You should gain an understanding of how the Civil Procedure Rules 1998 (CPR) operate including a working knowledge of the Pre-Action Protocols.

  The module will also explore the interim matters of proceedings and how a trial can be ended before a final hearing. Finally, upon completion you should be equipped with knowledge and understanding of the law governing costs and how the costs are awarded will be discussed as well as the enforcement of these costs.

  Compulsory

• Land Law

  This module will study the fundamental principles of English and Welsh land law. The course will examine property rights in relation to land and deal with their definition, development, acquisition, and transfer. The Land Law module provides an awareness of the rules relating to the registration and transfer of land. It will investigate issues such as the term ‘land’ and its meaning, how ownership of land is transferred, and how land can be registered.

  The module will discuss and investigate aspects of co-ownership and doctrines of trusts. Covenants and mortgages will also be examined including how they are created and discharged.

  Compulsory

• Solicitors Accounts Rules, Business Structures and Code of Conduct

  This module will examine the process and the rationale for client care appropriately and within the Law and rules governing the solicitor profession. It will highlight the overarching principles governing interactions between solicitor; client and explore how this relationship functions practically within real-life situations with practical examples and workshops.
  
  The module will introduce you to fundamental accounting and principles, including double-entry book-keeping, ledgers, balance sheets, and profit and loss accounts. It will introduce you how to draft these accounting documents from the case study scenario. With practical application of how the Solicitor’s Accounts rules place a unique burden on the day-to-day operation of financial accounts within the solicitors’ office/practice. Further how the Solicitors Accounts Rules operate in the firm uniquely from other accounting processes.
  
  The module introduces and explores in detail the different entities or practices that may operate as a solicitor’s firm. For example, Incorporated businesses, unincorporated businesses, sole traders, partnerships and limited companies, and limited liability partnerships. Further exploring the roles and responsibilities of the people operating these business structures for example the directors and partners. The module will introduce various elements of tax and insolvency and bankruptcy.

  Compulsory

There’s no better way to find out what you love doing than trying it out for yourself, which is why a work placement² can often be beneficial. Work placements usually occur before your final year of study. They’re a great way to help you explore your potential career path and gain valuable work experience, whilst developing transferable skills for the future.

Modules

• UK Work Placement – 0 credits

  This module² provides you with an opportunity to reflect upon and gain experience for an approved placement undertaken during your programme. A placement should usually be at least 26 weeks or equivalent; however, each placement will be considered on its own merits, having regard to the ability to achieve the learning outcomes.

  Optional

• International Study/Work Placement – 0 credits

  This module² provides you with an opportunity to reflect upon and gain experience for an approved international study/work placement undertaken during your programme. A work/study placement should usually be at least 26 weeks or equivalent; however, each placement will be considered on its own merits, having regard to the ability to achieve the learning outcomes.

  Optional

In the final year, you will build upon and develop the areas studied in the previous years, exploring EU law, employment law and equity and trusts liability. The skills and knowledge that you refine during your final year will help to prepare you for further professional development. Students who successfully complete year their final year are awarded a BA (Hons) degree in Law and Practice.

Modules

• European Union Law

  The aim of this module is to equip you with a thorough understanding of the institutional and procedural law of the European Union. The module aims to examine the history of European Union law, explore its development, and evaluate the impact of Brexit on English jurisprudence. It will discuss the supranational nature of the law of the European Union and the direct and indirect effect it has on national law.
  
  The Institutions of the European Union will also be examined with an exploration of how the law is made, the court structure, sovereignty and the interaction with Member states. This will give rise to the discussion of the enforcement of European Union law and the rights of Member States.
  
  Internal Markets and competition law will be considered and explored with reference to free movement of goods and services and how the law interacts with the doctrine of integration and economic principles.

  Compulsory

• Business Law

  Businesses, especially companies, are responsible for the economic development of the country. The module aims to provide a deep insight into the concept of corporate personality and other forms of business. You will be required to examine the legal requirements for the formation, administration, governance, financing, and termination of a company. The module will also require you to critically evaluate the rights and duties of all stakeholders at every stage of the business.

  Compulsory

• Wills, Administration of Estates and Trusts

  The aim of this module is to ensure you develop a clear understanding of the concepts, principles, and rules of equity and trust, and of their impact on the development of English Law. Upon completion of the module, you should be able to interpret the contents of a will and the rules of intestacy when someone has died without leaving a valid will. You should be able to appreciate the nuances involved in the administration of estates and other issues related to inheritance.
  
  You should be able to engage in a reasoned and informed analysis about the relative merits of the use of equitable principles and institutions, notably the trust, both in law and in wider society and, where appropriate, make informed proposals for reform. The module will also ensure you have improved critical thinking relating to probate practice.

  Compulsory

• Legal Research and Dissertation

  The dissertation module aims to give you the experience of carrying out an original research project where you can put into practice the skills of information collection, analysis, and presentation gained during your degree programme. It also provides an opportunity to demonstrate that you can select a methodology appropriate to your investigation and outline and discuss its philosophical basis. It aims to promote you to conduct independent secondary research from a spectrum of sources in a given period of time.

  The module also aims to develop further, your oral communication skills through presentations and meetings and in groups, with members of academic staff. Depending on topic and methodology, you may gain additional practice in (among other things) using library services and your own independent research.

  Compulsory