Stage 2

Course Content

An Academic and Procedural Module

Unit 1: The English Legal System: The Nature and Development of English Law: including the nature and functions of the Law; an awareness of the development of the Common Law and the Writ system; the development of Equity and its role in the law to-day and the effects of The Judicature Acts 1873-75: Modern day sources of Law: including legislation, both primary and delegated; statutory interpretation; the doctrine of Judicial Precedent; an awareness of the role of Community Law. Dispute solving in English Law: including the Court system and structure, Legal Personnel (i.e. The Judiciary, Barristers, Solicitors and Paralegals); composition and jurisdiction of the Civil and Criminal Courts; the Appellate system; Tribunals; Arbitration and Mediation.

Unit 2: The Law of Contract: Formation of a Contract, including offer and acceptance; intention to create legal relationships; form; legality and contracts in restraint of trade; consideration; consensus ad idem and capacity. Vitiating Factors: including mistake and undue influence; mistake and misrepresentation. Terms of a Contract: including conditions and warranties; express terms with particular reference to exemption clauses; implied terms with particular reference to the sale of goods and the supply of services. Discharge of Contractual Obligations: including discharge by performance; discharge by agreement; discharge by breach and frustration. Remedies for Breach: including the difference between common law and equitable remedies; damages; re-scission; specific performance and injunction.

Unit 3: The Law of Tort: The Nature of and Liability in Tort: including fault bases liability; strict liability; the doctrine in Ryland -v- Fletcher; vicarious liability and limitation of actions. Negligence: including duty and standard of care; contributory negligence; res ipsa loquitur; proof of damage and negligent mis-statement; Nuisance: including public nuisance, private nuisance, defenses and remedies. An awareness of Trespass to the Person (assault, battery and false imprisonment, with their defences). General Defences: including volenti non fit injuria; mistake; act of God; inevitable accident.

Unit 4: Criminal Law: The Nature of Criminal Law: including the nature of a crime; distinction between crimes and tort; burden of proof. Classification of Offences: including summary, indictable, hybrid and arrestable offences. Elements of a Crime: including actus reus, mens rea and strict liability; basic intent, specific intent, express intent and implied intent. General Defences: including automatism; mistake; insanity; duress and intoxication. Homicide: including lawful and unlawful homicide; causation in fact and causation in law. Murder: including its definition; malice aforethought express and implied., the differences between murder and manslaughter. Manslaughter: including voluntary and involuntary manslaughter, recklessness, special defence to murder - diminished responsibility, provocation, suicide pact and infanticide. Theft: an understanding of theft, robbery, burglary and obtaining by deception.

Unit 5: Wills, Intestacy and Family Provision: Wills: including the nature of a Will, testamentary capacity; formalities; attestation; additions and alterations; informal wills and revocation. Legacies and Devises: including an under-standing of legacies, devises, bequests, gifts, lapsing, abatement and ademption. Intestacy: including the rules of intestate succession. Family Provision: including the basis of family provision, the class of claimants and factors taken into by the Courts.

Unit 6: Procedure in the County Court: including the commencement of proceedings; the rules regarding litigants under a disability; the difference between procedure in the County Court proper and the Small Claims Court; types of summonses; the preparation, issue and service of a default summons; admission; default; pleadings (Particulars of Claim, Defence and Counter- claim); interlocutory applications; pre-trial review; discovery; payment into court; obtaining judgment; ways of enforcing a judgment.

Unit 7: Matrimonial Disputes: including the contract of marriage; the grounds for divorce and the Five Facts under The Matrimonial Causes Act 1973, an understanding of the changes introduced by The Family Law Act 1996; voidable marriages; an undefended divorce - documentation and the sequence of events; contents of a Petition; Affidavit in Support; Decree Nisi and Absolute; an awareness of orders relating to children - contact orders, residence orders, prohibited steps orders and specific issue orders - and ancillary relief; domestic jurisdiction of the Magistrates Court.

Unit 8: Criminal Proceedings including the commencement of criminal proceedings - laying an information, summons and arrest; procedure on summary trial, guilty pleas (including pleading guilty by post) and pleas of not- guilty; hybrid offences; transfer of indictable offences from Magistrates Court to Crown Court; Bail; Criminal Legal Aid; Trial on Indictment from arraignment to sentence; burden of proof; qualification and selection of jurors; types of sentences and an awareness of juvenile proceedings.

Unit 9: Conveyancing including the fee simple absolute in possession; the term of years absolute; the effect of the 1925 property legislation; Registered titles; the system of Land Registration; estates capable of registration; classes of registered titles; Land/Charge Certificates; parts of the Register; third-party rights; registered Charges; overriding interests and minor interests; procedural steps in connection with both a registered and an unregistered title from initial instructions through to completion and beyond; the effects of The Law of Property (Miscellaneous Provisions) Act 1989; pre-contract Searches and Enquiries; post-contract Searches; deducing and investigating title; co-ownership an awareness of possessory titles, restrictive covenants, exceptions and reservations and easements and an awareness of the form of a Conveyance and a Transfer.

Unit 10: Succession including what happens to a person's estate on their death; the necessity for a Grant; Executors and Administrators, their powers and authority; Grants of Probate; Grants of Probate with the Will Annexed; Grants of Letters of Administration; steps in obtaining a Grant; documents involved; order of priority to obtain a Grant of Letters of Administration; post-Grant steps; an understanding of double and cessate Grants, Settled Land Grants, Grants de bonis non, Administration pendente lite and Caveats; the Commorientes Rule.

Note: Students who may be interested in adding an international element to their senior paralegal course can substitute any unit from the above and substitute it with our International Refugee Law module. For details of that module Click here