NL605 - Lecture 1

Сентябрь 12, 2022

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NL605 - Lecture 1

Содержание

2. What will I be studying? Semester One: Legal Foundations Legal Ethics and Skills Legal Research Critical
3. Legal Skills and Ethics Dr Fola Adeyemo
4. Office Hours: Wednesdays – 2pm -4pm By appointment Contact Details: Fola@learning.libt.navitas.com Legal Foundations
5. Health and Safety Fire Exits Assembly Points Legal Foundations
6. Aims To equip students with the ability to take notes and develop To develop presentation skills
7. Objectives of the course To provide an introduction to legal ethics and skills Helping you to
8. Ground Rules No talking over each other No mobile phones No chewing gum Respect No food
9. Course Outline and Structure Introduction to the legal system Court hierarchy Court Visits Sources of Law
10. Recommended Books Slapper, G and Kelly, D The English Legal System(16th edition Routledge 2015) – Ch
11. Assessment Assessment A – Oral Presentations - group presentations Assessment B – Individual appointments - discussion
12. Expectations What are my expectations? What are your expectations? Legal Foundations
13. Lesson Structure Two hour lecture Two hour tutorial Interactive – opportunity for you to ask questions
14. Introductions Introduce yourself to the person beside you 1. Where are you from? 2. What was
15. Why do you want to study law? Write five reasons why you want to study law?
16. Lawyers? What are lawyers? In the UK, there are two branches Barrister Solicitor (We will look
17. Judges? What is a judge? What do they do? What is their responsibility?
18. You as a lawyer What do you think you responsibility as a lawyer is? Maintaining professional
19. Law in Action Law in Action. Radio 4. http://news.bbc.co.uk/1/hi/programmes/law_in_action/default.stm http://www.bbc.co.uk/programmes/p02t7f5n
20. Criminal Law v Civil Law What is criminal law? What is your understanding of this concept?
21. Private Law v Public Law
22. Public and Private Law constitutional & administrative law is part of public law, i.e. the law
23. Civil Law civil law is also known as private law because it concerns the rights and
24. Objective criminal law exists to punish deter rehabilitate civil law aims to compensate provide remedies resolve
25. Outcome/Overall Effect criminal law The usual outcome of criminal proceedings, following a guilty verdict, is punishment
26. Result/ Outcome civil law The usual outcome of civil court proceedings is a judgment for any
27. Criminal and Civil Courts Supreme Court Court of Appeal (Criminal Division) Crown Court (major crimes) Magistrates'
28. Note: The possibility of cases heard throughout the UK proceeding to the: Court of Justice of
29. Proceedings A crime is a public wrong - threatening the security and well-being of society, therefore:
30. Proceedings Civil wrongs are private wrongs - therefore: Only the injured person may sue S/he may
31. Terminology and Key Phrases Criminal law The prosecution prosecutes the defendant/accused; e.g. R (= Rex/Regina) v.
32. Presumption of Innocence Criminal law There is a presumption of innocence in favour of the defendant.
33. Standard of Proof / Burden of Proof criminal law - beyond reasonable doubt. civil law -
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What will I be studying?
Semester One:
Legal Foundations
Legal Ethics and Skills
Legal Research

Critical Writing
Semester Two:
Criminal Process and Liability
Theft, Murder, Sexual Offences
Introduction to Civil Law and Obligations
Contract, Tort and Equity & Trusts
Management
Interactive Learning Skills and Communication

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Legal Skills and Ethics
Dr Fola Adeyemo

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Office Hours:
Wednesdays – 2pm -4pm
By appointment
Contact Details:
Fola@learning.libt.navitas.com
Legal Foundations

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Health and Safety
Fire Exits
Assembly Points
Legal Foundations

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Aims
To equip students with the ability to take notes and develop

To develop presentation skills
To understand the role of the judiciary and the legal profession
To learn how to keep a portfolio of work

Legal Foundations

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Objectives of the course
To provide an introduction to legal ethics and

skills
Helping you to understand the techniques of legal reasoning
Introducing you to some of the key skills of lawyers and the operation of the legal system
To identify main concepts of law and its application
To help students understand different areas of law (criminal law, law of civil obligations etc.)

Legal Foundations

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Ground Rules
No talking over each other
No mobile phones
No chewing gum
Respect

No food and drink – water allowed ☺

Legal Foundations

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Course Outline and Structure
Introduction to the legal system
Court hierarchy

Court Visits
Sources of Law
How to avoid plagiarism and maintain academic integrity
Doctrine of precedent
Note taking skills
Court Portfolio
Group presentation

Legal Foundations

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Recommended Books
Slapper, G and Kelly, D The English Legal System(16th edition

Routledge 2015) – Ch 1
Elliott, C. and Quinn, F, English Legal System. (16th edition, London: Pearson 2015). pp1-6
Finch, E and Fafinski, S Legal Skills (5th edition OUP 2015)
Rivlin, G. Understanding the Law, (7th Edition. OUP 2015) – Ch 6

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Assessment
Assessment A – Oral Presentations
- group presentations
Assessment B – Individual

appointments
- discussion of your portfolio
Assessment C – Work completion of portfolios

Legal Foundations

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Expectations
What are my expectations?
What are your expectations?
Legal Foundations

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Lesson Structure
Two hour lecture
Two hour tutorial
Interactive – opportunity for

you to ask questions
Tutorial Questions will be done in the class
They must be typed up – Please ensure you bring you laptops to class
Attendance!

Legal Foundations

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Introductions
Introduce yourself to the person beside you
1. Where are you

from?
2. What was your last holiday destination?
3. An interesting fact about that person

Legal Foundations

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Why do you want to study law?
Write five reasons why you

want to study law?
Why do you think this is the right course for you?
What do you hope to achieve?
What is your end goal?
20 minutes exercise

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Lawyers?
What are lawyers?
In the UK, there are two branches
Barrister
Solicitor
(We will look

at this in week 9)
What do they do?
What is their job?

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Judges?
What is a judge?
What do they do?
What is their responsibility?

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You as a lawyer
What do you think you responsibility as a

lawyer is?
Maintaining professional integrity?
What do you understand ‘Ethics’ to be?
Critical analysis?
Attention to detail?
Reasoning?

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Law in Action
Law in Action. Radio 4. http://news.bbc.co.uk/1/hi/programmes/law_in_action/default.stm
http://www.bbc.co.uk/programmes/p02t7f5n

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Criminal Law v Civil Law
What is criminal law?
What is your understanding

of this concept?
Examples?
What is civil law?
What is your understanding of this concept?
Examples?

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Private Law v Public Law

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Public and Private Law
constitutional & administrative law is part of

public law, i.e. the law which is very closely connected with the state itself; (the composition, function and regulation of public authorities), and with matters concerning the community as a whole.
criminal law is also part of public law, i.e. it generally involves behaviour which the majority of a society does not wish to tolerate, so that society will set out to punish or deter such behaviour and possibly make provision for the rehabilitation of the perpetrator.

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Civil Law
civil law is also known as private law because

it concerns the rights and duties of individuals with others. It relates to those areas of law governing private obligations (and there is often little or no state interest at all).
Contract law - deals with the enforcement of legally binding agreements voluntarily assumed by the individuals concerned. Legal duties are fixed by the terms of the contract itself.
Torts - civil wrongs for which liability is incurred by one individual (or corporation) against another. Torts create duties owed by individuals to others which are fixed by the law itself; i.e. there is no need for any contractual agreement between them.
e.g. negligence, nuisance, trespass, defamation.
Property law - concerns the ownership and use of land and all other property, as determined by law. e.g. conveyancing, landlord and tenant law, mortgages, wills and succession, trusts, patents.

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Objective
criminal law exists to
punish
deter
rehabilitate
civil law aims to
compensate
provide

remedies
resolve disputes

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Outcome/Overall Effect
criminal law
The usual outcome of criminal proceedings, following a

guilty verdict, is punishment of some sort e.g.
imprisonment
tagging
fines
community service order
probation

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Result/ Outcome
civil law
The usual outcome of civil court proceedings is

a judgment for any of the following:
damages/compensation – for the victim
injunction -court order not to do something
rectification –alteration of a legal document
rescission –court order to return the parties to their pre-contractual position
restitution – deprive the defendant of a gain
specific performance - court order to do something
Note: In criminal proceedings the court may also order the offender to pay compensation to the victim

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Criminal and Civil Courts
Supreme Court
Court of Appeal
(Criminal Division)
Crown

Court
(major crimes)
Magistrates' Court
(minor crimes)

Supreme Court
Court of Appeal
(Civil Division)
High Court
(larger claims)
County Court
(smaller claims)

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Note: The possibility of cases heard throughout the UK proceeding to

the:
Court of Justice of the European Union (Luxembourg)
if the matter(s) under consideration fall within European Union jurisdiction, and/or the
European Court of Human Rights (Strasbourg)
if there is a potential breach of the European Convention on Human Rights 1951.

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Proceedings
A crime is a public wrong -
threatening the security and

well-being of society, therefore:
Most criminal prosecutions are undertaken by the State on behalf of the individual(s) concerned and usually brought by the Crown Prosecution Service, local authorities, other public officers.
Any citizen can bring a criminal prosecution, whether or not s/he has suffered any special harm in excess of that suffered by the general public.
In reality private prosecutions are rare.
Note: Once started, an individual cannot stop the prosecution for it is the concern of every citizen and not just his/her own. Only the Crown, (AG/DPP) may stop proceedings, with or without the consent of the prosecutor.

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Proceedings
Civil wrongs are private wrongs - therefore:
Only the injured person may

sue
S/he may discontinue proceedings at any time
If successful, s/he can still forgive the offender and end his/her liability.

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Terminology and Key Phrases
Criminal law
The prosecution prosecutes the defendant/accused; e.g. R

(= Rex/Regina) v. Smith.
If found guilty, the outcome is a verdict, followed by the sentence for the defendant.
Civil Law
The claimant, (previously the plaintiff), sues the defendant; Jones v. Smith.
If found liable, the outcome is the judgment, followed by a remedy for the claimant.
Note: if either party wishes to appeal, the person appealing is the appellant; the other party is the respondent.

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Presumption of Innocence
Criminal law
There is a presumption of innocence in favour

of the defendant. This imposes additional restrictions on evidence that may be introduced by the prosecution.
R v Woolmington 1935
Civil law
No presumption is made in favour of either party.

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Standard of Proof / Burden of Proof
criminal law - beyond reasonable

doubt.
civil law - on the balance of probabilities.
Note: English law applies to England and Wales. Scotland and Northern Ireland have their own legal systems.

NL605 - Lecture 1

Содержание

What will I be studying?Semester One:Legal FoundationsLegal Ethics and SkillsLegal Research

Legal Skills and Ethics Dr Fola Adeyemo

Office Hours: Wednesdays – 2pm -4pm By appointmentContact Details: Fola@learning.libt.navitas.comLegal Foundations

Health and Safety Fire Exits Assembly Points Legal Foundations

AimsTo equip students with the ability to take notes and develop

Objectives of the courseTo provide an introduction to legal ethics and

Ground RulesNo talking over each otherNo mobile phones No chewing gumRespect

Course Outline and Structure Introduction to the legal system Court hierarchy

Recommended BooksSlapper, G and Kelly, D The English Legal System(16th edition

Assessment Assessment A – Oral Presentations- group presentationsAssessment B – Individual

ExpectationsWhat are my expectations?What are your expectations?Legal Foundations

Lesson Structure Two hour lectureTwo hour tutorial Interactive – opportunity for

IntroductionsIntroduce yourself to the person beside you 1. Where are you

Why do you want to study law?Write five reasons why you

Lawyers?What are lawyers?In the UK, there are two branchesBarristerSolicitor(We will look

Judges?What is a judge?What do they do?What is their responsibility?

You as a lawyerWhat do you think you responsibility as a

Law in Action Law in Action. Radio 4. http://news.bbc.co.uk/1/hi/programmes/law_in_action/default.stmhttp://www.bbc.co.uk/programmes/p02t7f5n

Criminal Law v Civil LawWhat is criminal law?What is your understanding

Private Law v Public Law

Public and Private Law constitutional & administrative law is part of

Civil Law civil law is also known as private law because

Objective criminal law exists to punishdeterrehabilitate civil law aims to compensateprovide

Outcome/Overall Effectcriminal law The usual outcome of criminal proceedings, following a

Result/ Outcome civil lawThe usual outcome of civil court proceedings is

Criminal and Civil Courts Supreme Court Court of Appeal (Criminal Division)Crown

Note: The possibility of cases heard throughout the UK proceeding to

ProceedingsA crime is a public wrong - threatening the security and

ProceedingsCivil wrongs are private wrongs - therefore:Only the injured person may

Terminology and Key PhrasesCriminal lawThe prosecution prosecutes the defendant/accused; e.g. R

Presumption of InnocenceCriminal lawThere is a presumption of innocence in favour

Standard of Proof / Burden of Proofcriminal law - beyond reasonable

Похожие презентации

What will I be studying?
Semester One:
Legal Foundations
Legal Ethics and Skills
Legal Research

Legal Skills and Ethics
Dr Fola Adeyemo

Office Hours:
Wednesdays – 2pm -4pm
By appointment
Contact Details:
Fola@learning.libt.navitas.com
Legal Foundations

Health and Safety
Fire Exits
Assembly Points
Legal Foundations

Aims
To equip students with the ability to take notes and develop

Objectives of the course
To provide an introduction to legal ethics and

Ground Rules
No talking over each other
No mobile phones
No chewing gum
Respect

Course Outline and Structure
Introduction to the legal system
Court hierarchy

Recommended Books
Slapper, G and Kelly, D The English Legal System(16th edition

Assessment
Assessment A – Oral Presentations
- group presentations
Assessment B – Individual

Expectations
What are my expectations?
What are your expectations?
Legal Foundations

Lesson Structure
Two hour lecture
Two hour tutorial
Interactive – opportunity for

Introductions
Introduce yourself to the person beside you
1. Where are you

Why do you want to study law?
Write five reasons why you

Lawyers?
What are lawyers?
In the UK, there are two branches
Barrister
Solicitor
(We will look

Judges?
What is a judge?
What do they do?
What is their responsibility?

You as a lawyer
What do you think you responsibility as a

Law in Action
Law in Action. Radio 4. http://news.bbc.co.uk/1/hi/programmes/law_in_action/default.stm
http://www.bbc.co.uk/programmes/p02t7f5n

Criminal Law v Civil Law
What is criminal law?
What is your understanding

Public and Private Law
constitutional & administrative law is part of

Civil Law
civil law is also known as private law because

Objective
criminal law exists to
punish
deter
rehabilitate
civil law aims to
compensate
provide

Outcome/Overall Effect
criminal law
The usual outcome of criminal proceedings, following a

Result/ Outcome
civil law
The usual outcome of civil court proceedings is

Criminal and Civil Courts
Supreme Court
Court of Appeal
(Criminal Division)
Crown

Proceedings
A crime is a public wrong -
threatening the security and

Proceedings
Civil wrongs are private wrongs - therefore:
Only the injured person may

Terminology and Key Phrases
Criminal law
The prosecution prosecutes the defendant/accused; e.g. R

Presumption of Innocence
Criminal law
There is a presumption of innocence in favour

Standard of Proof / Burden of Proof
criminal law - beyond reasonable