MLaw (incorporating LLB(Hons)) Law and Practice

This module explores all the foundational and fundamental aspects of the creation of a legal agreement that is, contract. It explores how a contract comes to light, how it can evolve based on the inclusion of certain terms and how the courts keep upholding underlying principles which underpin contract while balancing ideas of justice and public interest and policy. You will learn some of the key doctrines in Contract law, key debates and discussions on the underlying idea of contract law, the evolution of its principles and doctrines, the role of contract and the limits to what it can achieve.

This module will enable you to acquire a thorough understanding of the principles of criminal liability, and how these principles are applied to specific offences. A range of offences will be considered, including homicide, offences against the person (such as assault and battery) and property offences (theft, burglary, robbery and fraud). You'll also acquire knowledge of the basis of a defendant’s liability and the skills to apply your knowledge in problem situations.

The English legal system is complex, rooted in history and constantly evolving. This module introduces you to the key elements of the English legal system and also looks at the procedure to enact legislation, an analysis of the anatomy of an Act of Parliament, delegated and secondary legislation and principles of statutory interpretation. A brief history of the evolution of common law is also considered, together with an analysis of the current English court system and the continuing importance of the doctrine of precedent. In this module you'll also learn the methods and techniques necessary for using legal resources, such as cases and legislation to construct legal arguments.

This module explores the original theories of law, as well as legal theories which disprove the myth of law as inherently neutral. By exploring areas such critical race theory, feminism and/or postmodernism, this module is inspired by Woodie Guthrie: this module kills fascists. The module explores depictions of law and legal injustices in popular culture and looks at the nature of human rights, the Human Rights Act 1998, and the place of the individual in society.

Are the powers of the government unlimited? Can the UK Parliament really ban smoking on the streets of Paris? Is the rule of law a fiction? This module provides you with an introduction to key concepts, theories and research of the legal rules which govern how the state works. Emphasis is placed on the law relating to the United Kingdom constitution, the legal framework in which the Government and Parliament operate, and the relationship of Her Majesty’s subjects to Governmental and regulatory actions and decisions. As there is no single document which you can look up and read which says ‘The UK Constitution’ on the front, this module asks you to consider the question of whether the UK has a legal or political constitution and what that means for society.

In this module you'll learn about equity and trusts and consider the creation and constitution of a variety of trusts, and how legal certainty and flexibility can be negotiated in the application of trust law to modern life. You'll have the opportunity to learn about the life of the trust: how it operates, by whom, and what happens when it goes wrong and how to gather evidence, assess the strength of the client’s case and deciding whether to seek equitable remedies such as specific performance or consider alternative dispute resolutions will also be examined.

This module provides you with knowledge of the structure of land law as it relates to England and Wales. It explores the different types of estates in land, the interests that can arise over land owned by another, the formalities for the creation and protection of estates and interests, rules relating to the transfer of land and the rights and liabilities of owners of the estates and interests.

You'll learn about the common law of England and Wales concerning liability in tort. Particular emphasis is placed on the theoretical justifications of a duty of care, the coherence of breach of duty, as well as causation and defences. You'll also learn through an in-depth analysis, of specific torts as black letter law.

In this module, you'll have the opportunity to gain an understanding of the specialist legal principles of commercial law, within relevant aspects of their social, institutional and cultural contexts. A wide range of commercial transactions are regularly conducted by businesses who use agents and this practice has given rise to disputes about the rights and obligations of the businesses, agents and customers. You'll also learn about the body of legal principles that has emerged to provide solutions to these types of disputes and the growing reliance on alternative methods such as mediation, arbitration and the use of the Financial Ombudsman Service.

In this module you'll explore the legal framework necessary for a limited company in the UK (England and Wales), including an understanding of the importance of limited liability and separate legal personality to facilitating business enterprise. You'll also have the opportunity to examine the internal workings of companies, i.e. the rights of the shareholders, the rights and obligations of the company's directors and the regulation of the company's capital and the challenges of addressing different interests within companies and the conflicting interests of shareholders and other stakeholders within and outside the company.

Employment law regulates the legal relationship between employer and employee, as well as the various other forms of work. In this module you'll have the opportunity to examine the formation of contracts of employment, its implied terms, and termination of the relationship between employer and worker at common law and under statute. Issues of anti-discrimination law in the field of employment will also be discussed.

In this module you'll explore how law deals with inequalities, not only the legal framework of non-discrimination both nationally and internationally, including its strengths and weaknesses but also how gender, race, disability interact with law. You'll do this by drawing on critical theories such as intersectionality, identity politics, discrimination as stigma and/or post-colonial theories to critically analyse legal responses to inequalities. This is an importance subject in the era of #metoo, the Black Lives Matter movements and other contemporary debates. This module will also explore the impact of globalisation on inequalities, considering the relationship between law and various systems of oppression such as gender, race and disability.

In this module you'll explore the relationships between members of a family and how the law is applicable to the breakdown of marriage/civil partnership or the relationship of a cohabitating couple. You'll evaluate the legal provisions relating to divorce and dissolution proceedings in respect of married couples and the legal principles that apply when dividing financial assets. The terms relating to married couples and their finance will be contrasted against the lack of formality surrounding cohabiting couples and their finances on relationship breakdown. The module also consider remedies available to couples in respect of domestic abuse.

In this module you'll explore the areas of domestic corporate insolvency law and selected aspects of cross-border insolvency law. Insolvency law deals with the fate of companies in distress either towards liquidation or restructuring. In the globalised economy, cross-border insolvency law is becoming pivotal to manage insolvency cases with multistate dimension. The content of the module will prove helpful to you if you wish to practice or specialise in insolvency or a commercial context.

The current use of easily accessible copyright-protected works is putting pressure on a law that effectively originates from a 19th Century construction of law with a 20th Century application in a society for whom accessing the internet was inconceivable. In this module you'll explore the nature of how copyright works, together with related rights including those assigned to databases and computer programs. This module will also provide a link between legal study and application of the law in a real-world 21st Century context, focusing on memes to explore the interrelationship between copyright and other forms of law beyond Intellectual Property (IP) rights.

This module will give you an understanding of the principles and practice of taxation law, specifically concerning the capital and income taxation of individuals, partnerships and limited companies. There is a particular emphasis upon income tax as it affects the employed and self-employed respectively, and the importance of distinguishing income receipts from capital receipts. VAT and inheritance tax are also covered. You will learn how to apply the law to realistic situations, including carrying out basic computations and learn the key role of HMRC in enforcing tax law, as well as the tax appeals system.

This module has a highly practical focus and would be of interest to you if you are considering careers connected with the criminal litigation system (e.g. magistrates’ court clerks, police officers and other police staff, prosecutors and prosecution caseworkers, probation officers and police station advisers in addition to those who are seeking a career as a solicitor or barrister). You'll consider and examine criminal litigation practice and procedure from a suspect’s arrival at the police station to the commencement of proceedings, the progress of a case through the court system by way of pre-trial steps, applications and evidential issues to trial in the magistrates’ court or Crown Court and ultimately to sentencing.

In this module you'll learn about the practice and procedure of dispute resolution in a range of civil legal problems including analysing the meris of a claim and its defence. You'll learn how to understand the differences between settling a dispute, the use of mediation and arbitration as well as the steps for commencing, responding to or progressing a claim and preparation of a case for trial, the trial itself and any post-trial steps.

This module is designed to provide you with a working knowledge of the importance of acting with integrity and honesty when practising as a lawyer as required by the Solicitors Regulation Authority (SRA). A solicitor’s day to day professional conduct is set by a complex combination of bespoke conduct rules as well as general legislation which protects the data and finances of the public. You will learn about the importance of applying ethics and responsibility to inform your professional practice in law, and that breach of the SRA rules can result in serious professional and personal sanction for any practising lawyer.

This module critically explores the Human Rights Act 1998 and its implications for society today. It focuses on post-colonial critiques of human rights and the role of human rights as a tool of liberation. The Human Rights Act 1998 has defied its critics and has matured into an essential aspect of the UK’s legal landscape. You'll learn by being involved in practical debates about Human Rights and the 1998 Act, such as the application of human rights to British armed forces overseas, and debates as to the future and whether it is important to have a Human Rights Act, what its future legal status should be, or whether it should be repealed.

In this module you'll explore the framework of immigration control and the right of abode and consider the law relating to deportation and removal from the UK. You'll also study the law relating to claims for asylum, including separate elements of the definition of a refugee under international law. This module explores the approach to asylum claims including matters relating to credibility, sufficiency of protection and internal relocation and taking a human-rights oriented approach, looks at the context in which the law arises.

International law, also known as the law of nations, is the body of principles which tell us about how international relations between different countries in the world are managed. It covers such things as diplomacy, war, international human rights, international economic and trade relations and resolving disputes between states with a view to maintaining international peace and security. This module deals with some of the most controversial issues taking place in the world today and by identifying, examining and reflecting on the sources, subjects and key principles of public international law, you'll understand how law works and influences individuals, people groups and states, at a global level.

This module is a clinical and a practical module with a client focused application of theory to practice. You'll have the opportunity to learn about the management of clients who present with a range of legal problems and the empowerment of those clients through the provision of legal advice. You’ll also have the opportunity to develop your professional skills including interviewing, researching, problem solving, reflective practice, drafting and advising. This module acts as an integrative medium to support clinical learning and show the application of theory to practice.

In this module you'll explore the rules of evidence as they govern both civil and criminal litigation in England and Wales. In taking this module, you'll develop a range of practical skills in applying the rules of evidence in different scenarios and have the opportunity to gain an understanding of the specialist legal principles within relevant aspects of their social, institutional and cultural contexts.

This module positions current mental health law in its social environment, starting with a historical analysis of madness and the early legislative attempts to address lunacy in the UK, you'll also focus on our current understanding of mental health and develop a detailed understanding of the fundamental legal principles of mental health law, within aspects of their social, institutional and cultural contexts. Particular emphasis is placed on the Mental Health Act, the Mental Capacity Act, the related Codes of Practice and the case law of Mental Health Tribunals and the Court of Protection. The frequency and seriousness of mental health issues highlight mental health law as one of the most important areas of UK public health and policy today.

The current use of easily accessible copyright-protected works is putting pressure on a law that effectively originates from a 19th Century construction of law with a 20th Century application in a society for whom accessing the internet was inconceivable. In this module you'll explore the nature of how copyright works, together with related rights including those assigned to databases and computer programs. This module will also provide a link between legal study and application of the law in a real-world 21st Century context, focusing on memes to explore the interrelationship between copyright and other forms of law beyond Intellectual Property (IP) rights.

This module is designed to provide you with practical insight into English residential property transactions (the process of conveyancing). The process of legally conveying a residential property from one party to another is complex. In this module, conveyancing will be considered in all its contexts: freehold and leasehold, registered and unregistered, new builds and existing. The emphasis will be on developing your awareness of the core transactional steps through practical application.

This module is designed to introduce you to a range of practical legal skills which are used in the day to day practice of a solicitor and enables you to learn how to develop your skills in practical legal research by providing a structured approach to researching unfamiliar legal topics using both traditional and modern resources. You’ll also focus on the solicitor’s need to communicate appropriately, both with their clients and on behalf of their clients and the best practice when using interviews and letters to deal with a client’s matter. For many solicitors, communication on behalf of their clients will involve formal advocacy in court settings and the last element of this module will help support you to develop your skills in advocacy.

This module covers the legal principles and practice relevant to the sale, purchase, development, funding and leasing of property that is occupied for commercial uses. You'll learn about the content of a standard commercial lease and the drafting and negotiation of key clauses from both the landlord’s and tenant’s perspective. The emphasis throughout will be on developing your ability to give practical advice to the client.

The aim of the module is to introduce you to the needs of the client and to give you a broad overview of some of the main areas of work undertaken by a solicitor in commercial practice. You'll learn about commercial contracting, intellectual property and commercial dispute resolution. The module will be particularly useful if you are planning a career as a commercial solicitor; it would also be useful if you are considering starting your own business, or contemplating a career generally in the commercial sector.

In this module you'll learn the principles and practice of immigration and asylum law. You'll develop an understanding of the nature, scope and processes of immigration and asylum law and be able to recognise and deal with the more commonly encountered problems and procedures. These include the right of abode, regulation of immigration and asylum work, state protection and the convention reasons, exclusions from protection under the refugee convention, human rights in the immigration and asylum context and deportation and removal.

In this module you'll explore the legal principles governing the breakdown of adult relationships for both married and unmarried couples, learn about divorce and civil partnership dissolution and associated financial remedy issues and contrasts how the law differs for cohabiting couples. You'll also study the potential solutions for survivors of domestic abuse and consider private law children proceedings and how matters may be resolved without the need for court proceedings.

The aim of this module is to provide you with an opportunity to explore in more depth the areas of will drafting, estate and capital tax planning and a range of further Private Client matters. On completion of this module, you'll know how to prepare simple wills, apply a range of tax planning measures to the making of a lifetime gift, know how to draft Lasting Powers of Attorney for both financial and health matters and have an appreciation of the range of advice that is required to support the creation of such Powers. You'll also have the opportunity to develop an understanding of decision-making when a person loses mental capacity but has not made any prior provision as to what should happen in that event and consider the range of funding issues pertinent to living in long-term residential care home and what provisions may be made in advance of needing care.

In this module you'll consider the law, practice and procedure in employment cases including that relating to employment contracts and status, dismissal for fair and unfair reasons, discrimination and Transfer of Undertakings Regulation (TUPE ) transfers. You'll examine the employment tribunal procedure for bringing and responding to claims, learn about compensation and formal settlement of an employment claim and will examine the progress of cases through the employment tribunal to final hearing.