module specification

Litigation Practice is a combination of Civil & Criminal Litigation and Client Care Skills.  It is a 30 week module providing students with an understanding of client care skills, civil and criminal litigation in a legal practice context.  Assessment is by a combination of coursework and examination. The module will be of interest to all students who wish to practice litigation in a legal environment; or gain an exemption from ILEX Fast Track Graduate Diploma.  

The module aims to:
Examine the features that give rise to civil litigation and alternative dispute resolution pathways;
Consider the structure of the criminal courts and civil courts and their jurisdiction;
Examine methods of funding civil and criminal proceedings;
Explore the initial stages of civil proceedings, events that may terminate proceedings,  the track allocation system, trial procedures, settlements, interim payments and remedies, court orders, judgments and appeals;
Provide a detailed  knowledge of police powers of investigation of a crime; and the law relating to bail, trial proceedings, sentencing, ancillary orders, legal professional ethics and rules relating to juveniles;
Explore interviewing, negotiation and written skills; and consider professional conduct rules and client care in a legal practice context
 

The syllabus includes introduction and awareness of civil and criminal litigation practice and professional client care skills needed to practice law

The module is taught by lectures, seminars and workshops with students required to read from specified materials.  There is a logical progression through both a civil action and criminal prosecution.  Students are given the opportunity to discuss theoretical issues as well as practical problem solving.  Students are supported in undertaking on-line research using electronic law databases and encouraged to use Westlaw. There is a virtual learning environment (VLE) containing handbooks, lecture notes, weblinks, discussion groups, specimen assessments, study skills materials and assessment criteria.  Blended learning pervades the delivery of the module and is actively encouraged as students engage with digital materials, use on-line discussion groups (blogs) and achieve a competent standard of digital literacy during their studies.
 
Two formative assessments are set and marked promptly with opportunities for feedback both in class and individually.

Knowledge of the topics covered will enhance students’ employability within the legal profession.

Students’ study responsibilities are to attend all classes, research and prepare for seminar and workshop discussion and role play, engage in interactive IT related activities and to undertake all formative and final assessments.
 

On successful completion of this module students will be able to:
1. Describe the jurisdiction of the civil and criminal courts; and apply to a legal situation
2. Identify issues relevant to a civil cause of action; select a method of dispute resolution; practice legal negotiation and interviewing skills;
3. Analyse and explain current pre-action protocols, initial stages of civil proceedings and the track allocation system; advise a client in writing;
4. Explain the key steps made in the progress of a civil matter to trial; offers of settlement, interim payments and remedies;
5. Understand police powers when investigating crime; and the rules relating to bail and public funding of advice and representation in criminal matters;
6. Analyse and apply a given legal situation on civil and criminal trial procedure; sentencing, orders and judgments; the procedure of appeal and costs;
7. Possess a contextual awareness of juveniles
8. Offer practical advice and assistance in relation to a civil and criminal litigation action;
9.  Synthesise relevant case law, statute and professional conduct rules, understand and present conflicting arguments and apply the law to problem scenarios relevant to aspects of civil and criminal litigation practice; and
10.  Display competence in the benchmark skills outcomes of subject knowledge & understanding, application & problem solving and analysis, synthesis, critical judgement & evaluation.
 

The learning outcomes will be examined each year by a problem based coursework and a two and a half hour examination in both Civil Litigation and Criminal Litigation. Client Care skills will pervade the Civil Litigation coursework assessment.  The essays will be 1,500 words. The examination will comprise a pre-released case study,  one researched seen question plus two out of four unseen questions from a sectionalised examination paper. The essays will be worth 25% of the overall module mark and the examination 25%. 

Indicative bibliography and key on-line resources – for full details see section D in Module Booklet

L6 Client Care Skills, Edited by [                             ]ILEX Tutorial College Limited
L6 Criminal Litigation, Edited by [                          ] ILEX Tutorial College Limited
L6 Civil Litigation, Edited by [                         ] ILEX Tutorial College Limited

Blackstone's Criminal Practice 2011, edited by The Right Honourable Lord Justice Hooper, David Ormerod,  Oxford University Press
The Civil Procedure Rules  1998 No. 3132 (L. 17)

Westlaw and Lexis Nexis databases

The Civil Procedure Rules: http://www.legislation.gov.uk/uksi/1998/3132/contents/made
Solicitors Handbook (Code of Conduct):  http://www.sra.org.uk/solicitors/handbook/code/content.page
Police and Criminal Evidence Act and Codes of Conduct: http://www.homeoffice.gov.uk/police/powers/pace-codes/