OTHM Level 4, Level 5 and EXTL5 Diploma in Law

J/650/4970

Criminal Law

1.1  Explain the court hierarchy.

1.2  Describe the nature and purpose of criminal and civil courts.

1.3  Describe how case law is created and developed.

1.4  Explain how legislation is created and developed.

• Comparison between criminal and civil law
• The nature of law and morality
• The court hierarchy in England and Wales
• Overview of Civil and Criminal court structures, including appeal court.
•  The role of criminal courts, including powers and aims
• The role of civil courts, including powers and aims
• The Doctrine of Judicial Precedent, ratio
• decidendi, obita dictum, avoidance of judicial precedent, including by ‘distinguishing’.
  Persuasive precedent.
• The process of creation legislation, including green papers, white papers, readings to royal assent, influences on development of legislation, the concept of Parliamentary Sovereignty/ Supremacy.
• Codification of laws, repeals and consolidation of law.
• The role of delegated legislation, including types of delegation, the purpose of delegation and its limitations
• Statutory interpretation and the various judicial approaches to interpretation, including the literal approach, golden rule, mischief rule and purposive approach. The relationship between parliamentary supremacy and the approaches to statutory interpretation.
• The role of the Law Commission in the development of laws

2.1    Identify the judges that sit in each court within the hierarchy.
2.2    Explain the difference between the role of a solicitor and a barrister within the English legal system.
2.3    Describe the ethical responsibilities of the legal profession.
2.4    Analyse the role of the jury system.

• How judges are appointed to each of the courts within the hierarchy, including the role and appointment of magistrates
• The education and training requirements of a solicitor and a barrister
• The different purpose and skills of a solicitor and a barrister , a solicitors rights of audience, the role of Queens Counsel
• Legal ethics of a solicitor and a barrister, the ‘cab rank’ rule
• The jury system, including the process of jury selection, and the perceived benefits and
  detriments of this system

3.1 Explain the perceived difficulties in accessing civil justice.
3.2  Evaluate the role of Alternative Dispute Resolution in civil disputes.
3.3  Analyse the role of restorative justice in the criminal courts.

•  Access to justice, legal fees and legal aid, public and private funding
• The perceived difficulties of civil litigation, including costs, time, and lack of lay person involvement
• The role of Alternative Dispute Resolution in addressing the perceived deficiencies in court resolution
• The role of meditation, arbitration, and tribunals. The potential problems with Alternative Dispute Resolution, including lack of understanding, imbalance of powers, non binding agreements, and a lack of legal protection
• The purpose of restorative justice in the criminal justice system
• The benefits and difficulties of restorative justice, including low participation and party protection

1. Understand how laws are created in England and Wales.
2. Understand the role of the legal profession.
3. Understand the role of alternative dispute resolution.

1.1, 1.2, 1.3, 1.4,

2.1, 2.2, 2.3, 2.4

3.3.

You are working for a newspaper as a journalist. There have been some recent events in the news around two high profile cases (one in civil and one in criminal) that is currently going through the court system. Both cases have received public attention due to the fact that many perceive the law to be unfair. Your editor has asked that you produce a report detailing the following

An overview of how law is made
 An overview of the court structure and the roles and responsibilities of those that work in the court structure (types of judges, barristers, solicitors etc)
As previous case law will be brought into the case, an overview of precedent and what this means
An analysis of the jury system for the high-profile criminal case
It has been suggested that if the defendant is found guilty of the criminal offence it will likely result in restorative justice. Provide an overview of restorative justice, what this means for the defendant and the victim and how this is used.

Learners must:

Show knowledge and understanding of the subject area

Provide references to relevant case law and or legislation wherever appropriate. Be able to support answers and show evidence of wider reading appropriatel

The submission is in the form of a report written in Word format.

The recommended word limit is 2000 words excluding diagrams, references, and appendices.

Learners are expected to adhere to the word count. A 10% leeway either side of this range

Assignment Brief and Guidance

A client has come to you with a business dispute. They are a well-known local celebrity and would like to keep the dispute out of the media. They would like to know whether they should pursue the dispute through the courts or through alternative dispute resolution. Provide an evaluation for your client of the court process and ADR.

You must ensure the essay;

1. Analyses the types of ADR and the strengths and weaknesses of each one
2. Explain what difficulties there are in accessing civil justice
3. Evaluate ADR against the dispute resolution offered by the courts

Learners must:

Show knowledge and understanding of the subject area

Provide references to relevant case law and or legislation wherever appropriate. Be able to support answers and show evidence of wider reading appropriately

The submission is in the form of a report written in Word format.

The recommended word limit is 1000 words excluding diagrams, references, and appendices.

Learners are expected to adhere to the word count. A 10% leeway either side of this range is permitted before the assessor is instructed to stop reading any further.

You should use and cite a range of case law, academic and reliable sources.

A comprehensive Harvard style reference list must be included at the end of the work.

Choose an Act of Parliament and write a report that contains the following. You must ensure the report;

Where you found the legislation. What the legislation is about

How would you cite this statute in your work

What influences impacted on this legislation on its journey through Parliament Learners must:

1. Show knowledge and understanding of the subject area
2. Provide references to relevant case law and or legislation wherever appropriate.
3. Be able to support answers and show evidence of wider reading appropriately

The submission is in the form of a report written in Word format.

The recommended word limit is 700 words excluding diagrams, references, and appendices.

Learners are expected to adhere to the word count. A 10% leeway either side of this range is permitted before the assessor is instructed to stop reading any further.

• You should use and cite a range of case law, academic and reliable sources.
• A comprehensive Harvard style reference list must be included at the end of the work.

You have been asked by your manager to write a guide for new members of the legal research team. They will be required to present written essays and reports to staff members on legal cases, clients disputes, problem solving, and research.

•  How to plan and structure a legal essay.
• How to approach a problem/issue spotting or scenario based on different methods
• How to break down questions to highlight liabilities and offer advice
• Using legal dictionaries and academic textbooks
• How to carry out research and how to use journal articles
• Differentiating primary sources and secondary sources
• Differences between essay and report writing
• What different verbs mean such as assess, evaluate, analyse etc
• The importance of being critical, rather than descriptive
•  How to use quotations to support legal ideas and arguments

Learners must:

• Show knowledge and understanding of the subject area
• Provide references to relevant case law and or legislation wherever appropriate.
• Be able to support answers and show evidence of wider reading appropriately

The submission is in the form of a report written in Word format.

The recommended word limit is 800 words excluding diagrams, references, and appendices.

Learners are expected to adhere to the word count. A 10% leeway either side of this range is permitted before the assessor is instructed to stop reading any further.

• You should use and cite a range of case law, academic and reliable sources.
• A comprehensive Harvard style reference list must be included at the end of the work.

Write a reflective essay on your own approaches to learning and develop an action plan to develop your academic writing skills.

How have you approached your research? Where do your strengths lie?

What developmental needs have you recorded in your reflection? What developmental priorities have you identified?

Develop a plan for further improvement. Learners must:

• Show knowledge and understanding of the subject area
• Provide references to relevant case law and or legislation wherever appropriate.
• Be able to support answers and show evidence of wider reading appropriately.

The submission is in the form of a report written in Word format.

The recommended word limit is 700 words excluding diagrams, references, and appendices.

Learners are expected to adhere to the word count. A 10% leeway either side of this range is permitted before the assessor is instructed to stop reading any further.

• You should use and cite a range of case law, academic and reliable sources.
• A comprehensive Harvard style reference list must be included at the end of the work.

Guided Learning

Hours (GLH)

Learning Outcomes –

The learner will:

Assessment Criteria –

The learner can:

1.1  Describe how to make a legally binding offer and acceptance.

1.2  Explain how offer and acceptance may be withdrawn.

1.3  Explain the terms invitation to treat and the intention to create legal relations.

1.4  Analyse the role of consideration in contractual agreements.

2.1  Define statutory express terms.

2.2  Explain how terms may be implied in common law.

2.3  Evaluate the validity of exclusion clauses.

3.1  Describe various types of contractual mistake and misrepresentation.

3.2  Analyse how lack of capacity, illegality and public policy may void a contract.

3.3  Assess how undue influence and duress may void a contract.

4.1  Explain various types of contract breach, including anticipatory and repudiatory breach.

4.2  Describe the calculation of damages for breach of contract.

4.3  Assess the role of equitable remedies in contractual breach.

Learning Outcomes to be met

Portfolio of evidence

“English law gives relief to one who, without independent advice, enters into a contract upon terms which are very unfair or transfers property for a consideration which is grossly inadequate”

Lord Denning Lloyds Bank v Bundy (1975)

Discuss to what extent the English Law reflects this statement Show knowledge and understanding of the subject area

Provide references to relevant case law and or legislation wherever appropriate.

Be able to support answers and show evidence of wider reading appropriately

The submission is in the form of a report written in Word format.

The recommended word limit is 800 words excluding diagrams, references, and appendices.

Learners are expected to adhere to the word count. A 10% leeway either side of this range is permitted before the assessor is instructed to stop reading any further.

• You should use and cite a range of case law, academic and reliable sources.
• A comprehensive Harvard style reference list must be included at the end of the work.

To what extent does the English law protect those that do not have the capacity to enter into a contract?

Write a report highlighting case law that provides a response to the question.

Learners must:

• Show knowledge and understanding of the subject area
• Provide references to relevant case law and or legislation wherever appropriate.
• Be able to support answers and show evidence of wider reading appropriately

The submission is in the form of a report written in Word format.

The recommended word limit is 700 words excluding diagrams, references, and appendices.

Learners are expected to adhere to the word count. A 10% leeway either side of this range is permitted before the assessor is instructed to stop reading any further.

●        You should use and cite a range of case law, academic and reliable sources.

●        A comprehensive Harvard style reference list must be included at the end of the work.