Law LLB (Hons)

In this module you will develop a critical understanding of Tort Law in England and Wales. Tort Law concerns the circumstances in which a person may be liable to provide a remedy to another for the consequences of a civil wrong (other than a breach of contract). You will learn about why and how the law has evolved to create obligations in Tort Law, the shape and extent of those responsibilities and the remedies available for failure to meet those obligations. Topics include:

? An introduction to the nature and function of Tort Law

? Trespass to the person – personal rights to freedom from intentional interference with bodily integrity

? Negligence:

o Duty of care – when a duty of care is owed to another, and the scope of that duty

o Breach of the duty of care – the standard of care expected, and determining when it is met

o Causation and remoteness – the principles determining the extent of responsibility for loss

o Defences – full and partial defences available

o Psychiatric harm – as a particular problematic area in negligence law

? Occupiers’ liability to persons on their premises (lawfully and otherwise)

? Vicarious liability – when a person may be responsible in Tort law for the actions of another person

? Nuisance – the law of private nuisance

? Remedies

You will develop knowledge and critical understanding of Tort Law in these aspects, reading and applying cases, statutes and other material to answer problem questions and essay questions.

This module introduces you to the substantive law of Equity and Trusts. It begins with an historical overview of the development of equity. This is followed by study of the creation of trusts (both express and implied). The next topic is Charitable trusts, an area which lends itself well to critical analysis. Next is a non-charitable purpose trust where students study the situations in which these trusts can be valid. You will then study the powers and duties of trustees, breach of trust and the remedies for this including tracing and equitable remedies. A critical approach is fostered throughout.

The creation of express trusts (including capacity, formalities, certainty and constitution)
Resulting and constructive trusts
Charitable trusts
Non-charitable purpose trusts
Trustees’ powers and duties
Breach of trust
Fiduciary relationships and fiduciary obligations
Tracing and Equitable remedies

You will have the opportunity to develop your legal knowledge and professional skills by working within the Student Law Office or with a community organisation to offer advice, assistance or legal education to their clients or service users. You will engage with at least one substantive area of law, such as civil litigation, family law, welfare benefits or housing.

You may be asked to participate in a range of clinical activities, including:

• Interviewing clients, taking instructions and advising clients
• Preparing correspondence as required on a file
• Completing administrative tasks to progress a case
• Preparing research reports
• Drafting client statements and court documents
• Preparing case strategies and identifying appropriate next steps in relation to a case
• Producing an artefact for service users (such as a legal information leaflet or a factsheet)
• Delivering presentations on legal topics

This list is not exhaustive and the exact activities you take part in will depend on the organisation you will be working with.

Your participation in these clinical activities should develop your knowledge of the law, oral and written communication skills, research skills, teamwork skills and time and file management abilities.

You will also work with your supervisor(s) to develop the ability to reflect on your learning. This reflection is at the heart of the clinical experience, enabling you not only to learn from your learning but also to fit your individual experiences into a wider context of personal and professional ethics, and the social and economic contexts of law.

In this module you will research and write a dissertation on a substantive area of law. You will work independently to research your topic under the supervision of a tutor with expertise in the relevant field of study.

In addition to gaining detailed knowledge and understanding of your particular area of research, this module will also advance a number of key skills. You will develop legal research skills enabling you to locate and utilise relevant primary and secondary sources. You will develop the skills necessary to analyse and evaluate legal arguments and engage with critical scholarship in your area of study. You will advance your writing skills, learning to appropriately structure and compose a long form piece of academic writing. You will develop time management skills by engaging in self-directed research, and learn how to identify and respond to relevant legal issues within your allocated topic.

You will learn about a range of laws protecting and regulating IP, including copyright, trade marks, passing off, patents, design rights & breach of confidence. These areas will involve a range of activities including: reading and applying cases, legal interpretation, addressing essay questions and problem questions.

Upon completion of his module you will be able to show the following (level 6 learning outcomes):
1) A systematic & in-depth knowledge of key aspects of IP law, demonstrating detailed and coherent understanding
2) An ability to recognise and apply some of the current theories and critical scholarship at the forefront of IP law
3) An ability to consolidate & apply your knowledge of IP law to complex legal problems in order to find solutions
4) An ability to conduct self-directed research including accurate indentification of issues, the retrieval and evaluation of relevant, current information from a range of sources
5) An ability to show curiosity and awareness of the cultural & political impacts of IP laws by exercising your own intiative and ethical judgment

You will learn about the law relating to the supply of goods and services in both non-consumer and consumer contexts. You will also learn about consumer law and how criminal and civil laws protect consumers’ rights. You will develop the ability to understand, explain and apply the law in a practical context.
This module covers the following topics:
• the sale and supply of goods and services in both consumer and non-consumer contracts;
• how and when property passes in a sale of goods contract;
• online and distance selling;
• unfair contract terms;
• consumer safety and unfair trading practices – how criminal and civil law protects consumers and how businesses must comply with the law;
• consumer credit – types of agreement, formation and termination of agreements and creditors’ liability; and
• enforcement of consumer rights.

On this module you will be:
• researching, reading, analysing and discussing cases and statutes;
• considering and answering problem questions in both lectures and workshops;
• developing your oral communication skills in workshops; and
• developing your written communication skills when preparing for workshops and producing work for feedback.

You will gain a wide perspective on the areas covered by this module by developing an appreciation of the relationship between civil, criminal, administrative and self-regulatory controls.

• In this module you will develop a critical understanding of both the theoretical and practical elements of sentencing. You will acquire the knowledge and understanding of the following:

• Theories of punishment – different rationales for punishment such as retribution, deterrence and rehabilitation.

• Custodial sentences – including the legal framework, current practice and the realities of prison life.

• Non-custodial sentences – including the legal framework for fines and community sentences

• A careful examination of the structure and rationale of sentencing guidelines
• assessing the seriousness of an offence
• mitigating and aggravating factors
• Youth justice

You will also be expected to acquire and exercise the following skills during the course of this module:

• The ability to identify and analyse relevant legal issues in practical and complicated scenarios
• The ability to undertake in-depth research
• The ability to undertake detailed study of relevant sources of information, including journal articles, cases and other research materials

No prior knowledge of sentencing theory or law is required. An awareness of criminal procedure is useful but not essential. This module complements other subjects in the first year of your programme, and will also provide you with a thorough understanding of the theoretical and practical issues surrounding this area of law.

In this module you will learn about the key issues and consequences relevant to conducting business successfully in the modern world. You will learn how commercial contracts can be used as a risk management tool, how to exercise professional judgement and you will become more commercially aware. You will also learn about how businesses use marketing arrangements to increase sales and how competition law impacts on these arrangements. As you examine commercial contracts in realistic practical contexts you will learn about drafting issues and consequences in standard form contracts, how to allocate risk and you will develop an awareness of current issues and developments in the commercial environment.

Topics include:
• commercial sales of goods contracts;
• passing of property and allocation of risk in commercial contracts;
• express terms, implied terms and exclusion clauses;
• performance of the contract;
• consequences of breach of contract,
• agency and the Commercial Agents (Council Directive) Regulations 1993
• distribution agreements; and
• EU competition law – Article 101 of the Treaty of the Functioning of the European Union

In this module you will develop a critical understanding of medical law in England and Wales. The module will examine the legal framework that governs medical treatment and will focus on statute and common law. In addition the module will consider key ethical issues raised by these matters, including the influence of professional guidance in this area.

This module covers the following topics:
1. Relationship between law and ethics; resolution of disputes other than by way of clinical negligence, for example contract and judicial review
2. Clinical Negligence
3. Medical Confidentiality.
4. Consent to medical treatment.
5. The Beginning of Life.
(a) contraception
(b) pre-natal negligence
6. Abortion
7. The End of Life.
(a) Neonaticide;
(b) Euthanasia and assisted suicide
(c) Treatment withdrawal

You will learn about the range of laws, case law and practice developed in England and Wales to deal with matters arising from the breakdown of family relationships, including divorce, dissolution of a civil partnership, financial relief remedies, child maintenance, children, domestic abuse and cohabitees.
These areas will involve a range of activities including : reading, interpreting and applying statute and case law to practical scenarios, drafting court documents and developing writing skills in essay style questions.

In this module you will develop critical understanding of substantive criminal law of the major legal systems of the world. You will learn different methods and techniques of comparative law and its significance to the development of domestic criminal law as well as to the work of the International Criminal Tribunals, namely, the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda. The module will take a critical look at the elements of crimes, individual criminal responsibility, and modes of participation from comparative and international criminal law perspectives.

This module covers the following topics:

• Introduction to Comparative Criminal Law;
• Comparative Analysis of Mens Rea Standards in Common Legal Systems, Romano/Germanic Legal Systems, Islamic Legal Traditions and International Criminal Law
• Comparative Analysis of Different Modes of Participation in Criminal Offences with Particular Focus on Joint Criminal Enterprise in Common Law Systems and Co-Perpetration & the Control Over the Crime Theory in German Criminal Law and their Application by International Criminal Courts and Tribunals
• Elements of International Crimes, i.e. Genocide and Crimes against Humanity
• General Principles of Law in the Jurisprudence of the ICTY, ICTR and ICC: Examining the Relevant Case Law of these Tribunals and the Techniques adopted by International Judges in their Search of General Principles of Law Derived from National Legal Systems of the World

In this module you will develop knowledge and understanding of the laws governing the relationship between a person, the employee, who works for another person, the employer. Working relationships come in many different guises, so drawing a precise boundary around the subject can be difficult but you will engage with some of the current theories and emerging themes surrounding the modern employment relationship. In this module you will learn about the following:-

The Scope of Employment Law (and what is Labour Law?)
• Why do we have employment law?
• Sources of law
• Current themes/ theories in employment law

The scope of labour law and the employment relationship
• The organising concepts used in English employment law
• Non-standard working relationships
• The contract of employment

Equality
• Core concepts
• Protected characteristics
• Application and enforcement

Pay
• Contractual remuneration
• National minimum wage
• Equal pay

Job security
• Termination of the employment relationship
• Unfair dismissal
• Wrongful dismissal
Business Re-organisations
• Redundancy
• Business transfers and changes of ownership

In this module you will develop an in depth knowledge and understanding of key aspects of company law in England and Wales. You will learn about the most important types of companies: private companies that are privately owned and public companies that can offer their shares to the general public and may be listed on a stock exchange. You will develop a critical awareness of current issues and an understanding of the perspectives and wider debates about the nature of company law.
This module covers the following topics:
• types and classification of companies;
• incorporation and the nature of corporate personality;
• the role of directors in managing a company and directors’ duties;
• financing: raising capital by issuing shares and the role and rights of shareholders;
• the corporate governance debate and public companies; and
• company insolvency.
In terms of skills development, you will read and apply company law cases, interpret statutory provisions and consider some of the relevant academic articles in this area.

You will learn about international law - the law of nations. Beginning with an overview of the basics of international law - treaties and customary law, state responsibility, and jurisdiction - you will then progress through a series of case studies (on diplomatic immunities, the use of force, the law of armed conflict, international criminal law, international human rights law, and international economic law) to develop your knowledge of how those basic principles are applied. You will also develop an understanding of the international legal elements of current international events through these case studies.

You will learn about the theory, law and practice of sports law in England and Wales (including EU law and the World Anti-Doping Code). The module builds on knowledge gathered in the compulsory subjects of Contract, EU law, Criminal Law and Tort but also introduces students to other legal disciplines such as Employment Law. You will study the role of consent as a defence to what would otherwise be criminal liability for injuries incurred in the context of contact sports (such as football, ice hockey and rugby) and combat sports. You will study the causes and implications of the major 20th century sports stadium disasters including Valley Parade and Hillsborough. You will learn about the law applicable to football hooligans and consider the compatibility of some of these measures with the Human Rights Act. You will study the civil liability of (i) sports participants to each other and (ii) match officials, sports club owners, event organisers and governing bodies to sports participants, spectators and people living in close proximity to sports venues, which will engage your knowledge of negligence, nuisance and occupiers’ liability. You will examine the impact of EU Law on sport (in particular the right of free movement of workers in football and challenges to nationality quotas), the role of the Equality Act 2010 in tackling discrimination in sport, and the legal implications of doping in sport. Although the module has a UK focus it has a global scope and reference will be made to important developments overseas.

In this module, through the study of certain selected themes, you will develop a critical awareness of the role of law in society. You will be able to see in an historical context how social conditions are reflected in the development of the law, legal institutions, and perceptions of the law. . The module explores the interplay between law and society rather than substantive black-letter law, but you may be required to consider selected statutory material and cases. You will have an opportunity to study legal history from both an internal and an external perspective.

The module considers English legal history in the national context. In addition, there is scope to examine the local legal history of the north-east of England, particularly in the nineteenth and early twentieth centuries.
From the long list of possible themes each year, we choose between four and six for study. There are connections between these themes.

We will also consider what we mean by history, legal history, and historiography.

Trade, Commerce and Business

In this theme we explore trade, commerce, and business in its legal historical context in specific historical periods. We may consider trade/business organisations, the role of the state in trade and business, regulation of trade and business, business disputes and labour history. We may also examine significant frauds, such as nineteenth century company frauds and investment manias.

Crime and Punishment

We will explore crime in specific historical periods. This theme may include: crime and society; public order; law enforcement; the criminal trial process; forms of punishment (including judicial and community punishments) and theories of punishment; rates of offending; crime reporting; and the role of the criminal law in maintaining the norms of social behaviour.
We may also examine specific types of criminal offence such as homicide, theft, fraud, larceny and treason.

Legal Actors

In this theme we will examine the role of specific legal actors in certain historical periods. For example: judges, magistrates, juries, police, barristers (including the introduction of barristers within a wider adversarial setting), solicitors, court staff, coroners, witnesses, regulators, commissioners and experts. In this theme we may also examine the theories around trials – including dispute resolution, the role of the state, and adversarialism.

The theme of legal actors will interconnect and build upon other themes, particularly crime and punishment, the trial process, and legal personhood.

Legal Personhood

This theme centres on questions of status and agency. We consider:
• Who counts as a ‘legal subject’?
• What characteristics limit access to or participation in the law?
• How do ideas of justice and responsibility interact with contemporary societal norms?

Within this theme we may consider

1. Age: issues of competence as witnesses and culpability as offenders for children; children in work.
2. Sex: women as victims and perpetrators of criminal offences; changing treatment of female criminality by the secular and the church courts; impact of marriage on women's legal status; witchcraft; women working in business/trade; and women’s role and participation in the law and democracy.
3. Freedom and class: the ideal subject (a property-owning adult male) does not encompass slaves, serfs and outlaws who have a particular experience of the legal system, including as victims and perpetrators of criminal offences.

Ownership, Government/State organisations and Constitutional Developments

In this theme we will examine property ownership and economic power and the ways in which they impact on the legal system. We will also examine the role of government and state organisations in the law, including in its implementation, enforcement and apparent suppression of organisations challenging the status quo.

We may consider specific constitutional developments such as the Bill of Rights; and the struggle between the Crown, the Common Law and Parliament.

You will gain an analytical and practical insight into the rationale and jurisprudence of family law as it affects families and individuals across Europe and the rest of the world. Specifically, the module will examine how the law regulates family law issues with an international dimension, how the law in England and Wales compares with the law in other jurisdictions and how international laws and treaties relating to family law are implemented, interpreted and enforced.

The issues that will be explored include:

• Choice of law and jurisdiction
• International child abduction
• Recognition and enforcement of Judgments in other jurisdictions
• Female Genital Mutilation
• Forced Marriage
• Marriage validity and religious marriage contracts

By participating in this module, you will also be encouraged to prepare blog articles for the module tutors’ blog in this area, A Family Affair, which can be accessed at: https://afamilyaffairsite.wordpress.com. You will also be encouraged to attend regular documentary screenings around wider international family law issues and participate in discussion around these issues. The screenings will examine topics such as honour based violence, traditional harmful practices, and culturally specific forms of domestic violence. Participation in these non-compulsory activities will allow you to develop your professional skills and participate in wider debates about the issues raised in the module.

No prior knowledge of family law or international law will be required. This module complements other subjects offered at this stage in your programme, including family law, child care and international human rights law.

This module will provide you with a detailed understanding of the way in which space exploration is governed on a national and international level. The module will examine the governance of traditional space activity: the development of satellite communications, military activity in space, the use of interplanetary probes to gain scientific data and also human spaceflight. You will also evaluate legal responses to the challenges posed by new developments such as space tourism, space mining and the increased environmental strain on the space environment.

The issues that will be explored include:

• Introducing International Space Law; The Outer Space Treaty & follow up treaties
• Astropolitics, International Relations and Policy in Space
• The Institutions of Space Administration
• Environmental Space Law
• The Moon and Other Celestial Bodies
• Planetary Protection
• Astronauts and Space Travellers and Tourism
• Space Mining
• National Space Legislation
• Military Space Activity
You will be encouraged to immerse yourself in the space environment and formative assessment will be by means of preparing blog posts for the module tutor’s blog The Legal Spaceman. There are also external blogs which encourage student submissions. There will be guest lectures by experts in the field of space exploration. Study on this module is predicated on an interest in wider issues surrounding space exploration.

No prior knowledge of space law will be required. An awareness of international law will be useful but is not essential. This module complements other subjects offered at this stage in your programme, and will also provide you with policy and international relations perspectives.

This module will provide you with a detailed understanding of the way in which maritime trade and commerce is governed on a national and international level, from a UK perspective.

In this module you will develop a critical understanding of maritime law. You will acquire the knowledge and understanding of the following:

• English maritime and shipping law
• The UK’s maritime obligations under treaties and conventions
• National and international maritime organisations
• International trade and shipping documentation (e.g. bills of lading and letters of indemnity)
• Charterparties (a maritime contract between a shipowner and a "charterer" for the hire of either a ship for the carriage of passengers or cargo)
• The law relating to collisions, salvage, limitation of liability and safe port
• Litigation, arbitration and ADR in a maritime context, including jurisdiction and choice of law

You will also be expected to acquire and exercise the following skills during the course of this module:

• The ability to identify and analyse relevant legal issues in practical and complicated scenarios
• The ability to undertake in-depth research
• The ability to undertake detailed study of relevant sources of information, including journal articles, cases and other research materials

There will be guest lectures delivered by partners from a leading shipping law firm, based in Newcastle, and the opportunity to visit the Port of Tyne for a guided tour.

No prior knowledge of maritime law is required. This module complements other subjects offered at this stage in your programme, and will also provide you with commercial and international law perspectives.

This module will provide you with a detailed multi-disciplinary understanding of the way in which the fashion industry is supported and shaped by the law, and is responding to current and future challenges. This module sits on three pillars of learning. You will explore and evaluate the issues under each pillar. The first pillar is multi-disciplinary and considers the role of the laws of intellectual property in the context of portfolio management, contracting with stakeholders in the industry such as suppliers and influencers and regulation. The second pillar allows you to evaluate the effectiveness of soft laws such as the role of corporate social responsibility and corporate governance. The third pillar explores industry challenges and responses to current issues such as fast fashion, sustainability and technology. You will be encouraged to immerse yourself in the world of fashion and formative assessment will be through workshops and taking an active part in Blackboard discussion forums.

No prior knowledge is required. This module complements other subjects offered at this stage in your programme and does not overlap with the current Intellectual Property module.

This module is based on experiential learning, or ‘learning through doing’. In this module, through real and simulated experiences with clients, you will develop a range of key lawyering skills, as well as effective workplace skills and enhancing your own interpersonal skills. You will also work with your supervisor to develop the ability to reflect on your learning. This reflection is at the heart of the clinical experience, enabling you to understand your own learning process, and to fit your individual experiences into a wider context of personal and professional ethics and practice, and the social and economic contexts of law.