Module Database Search
| MODULE DESCRIPTOR | |||
|---|---|---|---|
| Module Title | |||
| Litigation | |||
| Reference | LLM645 | Version | 4 |
| Created | November 2023 | SCQF Level | SCQF 11 |
| Approved | March 2013 | SCQF Points | 20 |
| Amended | November 2023 | ECTS Points | 10 |
| Aims of Module | |||
|---|---|---|---|
| To develop skills in relation to the conduct, funding and resolution of civil litigation and to develop skills in relation to interview, negotiation, drafting and advocacy | |||
| Learning Outcomes for Module | |
|---|---|
| On completion of this module, students are expected to be able to: | |
| 1 | Understand and discuss ethical and funding issues in civil court actions, jurisdiction and the types of civil action in the Sheriff Court and the Court of Session, procedural sequence of an ordinary action (Sheriff Court and Court of Session), appeal procedures, methods of settlement including negotiation, expenses and taxation and the operation of the Offices of Court |
| 2 | Conduct a client interview, take instructions, advise client in relation to a range of civil litigation for example Personal Injury, Contracts and Family Law; take a precognition, draft competent, relevant and specific writ and defences and conduct a negotiation. |
| 3 | Understand and explain the jurisdiction of the Sheriff Court and High Court in relation to criminal prosecutions, the procedural sequence in summary and solemn cases in the sheriff court, appeal procedures, the ethical and professional rules relating to criminal cases, legal aid and the operation of professional rules and ethics in criminal cases. |
| 4 | Conduct an incidental motion, an intermediate diet, a trial and a plea in mitigation all in relation to a summary case. |
| Indicative Module Content |
|---|
| civil court procedure, written pleadings, civil advocacy, funding, taxation, negotiation and settlement, criminal procedure, criminal advocacy, preliminary matters, preparation for trial, ethical and professional considerations, appeals and solem procedure, legal aid, |
| Module Delivery |
|---|
| Small group seminars/tutorials, drafting exercises, portfolio building, role play and simulations |
| Indicative Student Workload | Full Time | Part Time |
|---|---|---|
| Contact Hours | 78 | 78 |
| Non-Contact Hours | 122 | 122 |
| Placement/Work-Based Learning Experience [Notional] Hours | N/A | N/A |
| TOTAL | 200 | 200 |
| Actual Placement hours for professional, statutory or regulatory body |
| ASSESSMENT PLAN | |||||
|---|---|---|---|---|---|
| If a major/minor model is used and box is ticked, % weightings below are indicative only. | |||||
| Component 1 | |||||
| Type: | Coursework | Weighting: | 50% | Outcomes Assessed: | 1, 3 |
| Description: | Written coursework exercise | ||||
| Component 2 | |||||
| Type: | Coursework | Weighting: | 50% | Outcomes Assessed: | 2, 4 |
| Description: | Role play exercises | ||||
| MODULE PERFORMANCE DESCRIPTOR | ||||||||
|---|---|---|---|---|---|---|---|---|
| Explanatory Text | ||||||||
| Component 1 is a coursework weighted at 50%. Component 2 is a coursework weighted at 50%. The grades are calculated by reference to the grid below. A minimum overall Grade D is required to pass this module. | ||||||||
| Coursework: | ||||||||
| Coursework: | A | B | C | D | E | F | NS | |
| A | A | A | B | B | E | E | ||
| B | A | B | B | C | E | E | ||
| C | B | B | C | C | E | E | ||
| D | B | C | C | D | E | F | ||
| E | E | E | E | E | E | F | ||
| F | E | E | E | F | F | F | ||
| NS | Non-submission of work by published deadline or non-attendance for examination | |||||||
| Module Requirements | |
|---|---|
| Prerequisites for Module | None. |
| Corequisites for module | None. |
| Precluded Modules | None. |
| ADDITIONAL NOTES |
|---|
| In addition to the texts in the indicative bibliography, the student will be required to purchase the course materials. |
| INDICATIVE BIBLIOGRAPHY | |
|---|---|
| 1 | Greens sheriff court and sheriff appeal court rules 2016-17. Edinburgh: W. Green. |
| 2 | HENNESSY C., 2014. Civil procedure and practice. 4th ed. London: Thomson Reuters. |