UNIT SPECIFICATION HANDBOOK CILEx Level 3 Diploma in law and Legal Skills Issued: February 2016 Introduction This handbook contains the CILEx unit specifications. These units are the building blocks of the CILEx Level 3 Diploma on Law and Legal Skills. This handbook should be read in conjunction with the CILEx Level 3 Diploma in Law and Legal Skills Qualification Handbook and Centre Guidance, which sets out the structure of the qualification. The unit handbook is divided into sections as follows: Section 1: Level 3 Units 1 Presentation of qualification units – an explanation of the unit specifications Title: each unit has its own title which seeks to succinctly convey the legal subject or skill area to be studied and assessed. Level: each unit has a level which identifies its difficulty. All the units in this Handbook are set at Level 3. Level 3 equates to GCE A Level standard of difficulty. Learning Outcomes: this column expresses the key aims of the unit. It is expressed in terms of a series of outcomes (i.e. “the learner will”) that the learner should know or understand by the end of their learning programme. Each unit includes a specific learning outcome which states that all the developed knowledge within the unit must be applied by the learner. The application is required against each of the preceding learning outcomes. CILEx assessments are designed to ensure that the learner is able to demonstrate application of each of the learning outcomes. Assessment Criteria: this column expresses the ways in which the learner should be able to demonstrate their achievement/understanding of the learning outcome (“the learner can”). In all the qualification assessments, CILEx will use these assessment criteria to try and determine the extent to which the learner has demonstrated achievement/understanding in respect of the learning outcomes. The learner and tutor will notice that the assessment criteria have been written in a certain style. For any given learning outcome, there are a number of assessment criteria for which the key verbs are: to “Describe”, “Explain”, “Identify” etc. You will note that there are also assessment criteria that begin “apply”. These are usually located at the end of a unit and require the application of the law to a given situation. This final assessment criterion marks a convention adopted in the writing of the units. At Level 3, the key skill for the learner is to understand the Law and associated Legal Practice and then, critically, demonstrate its application to a specific case or scenario. CILEx has chosen to describe this skill of application in each unit specification in this way, as a single operation within each unit. Each of the prior assessment criteria can be thought of as requiring this skill of application. 2 Knowledge, Understanding and Skills (KUS): this column attempts to describe the knowledge, understanding and skill that are relevant to the application of the assessment criteria. CILEx anticipates that tutors delivering units towards the new qualification will utilise this column in order to build their schemes of work towards the delivery of units. It should be noted that the knowledge, understanding and skill identified in this column is indicative and not intended to be exhaustive. CILEx has attempted to be as full as is possible in its knowledge, understanding and skills columns. However, the need for brevity will always mean that the content is indicative and needs careful “unpacking” by tutors and learners. Learners and tutors will note that each certain knowledge, understanding and skill sections end with a phrase such as: “Application to a scenario”. This identifies the nature of the application required in the associated assessment criterion, i.e. the learner has to be able to apply this understanding to a realistic, work-based scenario. When statutes are used as authorities, learners will be expected to know the short title, or where appropriate, the title most commonly used to describe the statute, which will invariably include the date. 3 Section 1- Level 3 Law Units Unit Number Unit Title Page numbers Unit 1 Introduction to Law and the legal System in England and Wales 6-11 Unit 2 Practical Legal Skills 12-19 Unit 3 Law of Contract 20-29 Unit 4 Tort Law 30-36 Unit 5 Law of Crime 37-42 Unit 6 Land and Property Law 43-46 4 5 Tech Level Unit Title: INTRODUCTION TO LAW AND THE LEGAL SYSTEM IN ENGLAND AND WALES Level: Level 3 Credit Value: 10 Guided Learning 60 Hours Learning outcomes Assessment criteria Knowledge, understanding and skills The learner will: The learner can: 1. Understand the nature of law 1.1 Explain how law can be classified 1.1 Explanation of how the law impacts on aspects of our daily lives; the “pervasive” nature of the law. Definitions of and comparisons between Common Law, Equity and Legislation. 1.2 Distinguish between civil law and criminal 1.2 Definitions of and comparisons between civil disputes and law criminal cases eg: citations, burden of proof, standard of proof, objectives e.g.range of remedies and sanctions e.g punishment or damages 1.3 Distinguish between common law and 1.3 The meaning of equity, why and how it was created, its equity relationship to common law, its role in modern times, equitable maxims, equitable remedies. 2. Understand the organs of 2.1 Explain the sovereignty of parliament 2.1 Understanding the role of parliament and the monarch and government and the role of the monarch where the power lies. 2.2 Distinguish between the Houses of 2.2 Understand the differing role, functions and work of the House Commons and Lords of Commons and the House of Lords 2.3 Explain the separation of powers between: 2.3 Understanding the organs of government; the role of the three The executive institutions within the constitution and the separation of powers. The legislature The judiciary 6 2.4 Explain the role of the Lord Chancellor 2.4 Understand the nature of the work undertaken and role and the Ministry of Justice performed by the Lord Chancellor. Understand how he is appointed and an outline of the role and work undertaken by the Ministry of Justice. 3. Understand the sources of law 3.1 Explain the function of legislation 3.1 Outline of primary and secondary legislation and how a Bill becomes an Act and the different types of secondary legislation ie: Statutory Instruments, and Bye-Laws and Orders in Council, with examples 3.2 Explain what is meant by common law 3.2 Understanding that common law is made up of judicial precedent rather than statute. 3.3 Explain the concept of judicial precedent 3.3 The meaning of binding and persuasive judgments; use the court hierarchy to illustrate the binding nature of the United Kingdom Supreme Court (with reference to the 1966 Practice Direction), and the Court of Appeal (with reference to Young v Bristol Aeroplane Co 1944 and all other relevant case law and the High Court; the impact of other influential courts, to include : the European Court of Justice, The European Court of Human Rights and the Privy Council; the doctrine of stare decisis. 3.4 Explain the use of case law 3.4 Defining case law with the use of examples; definition of a judgment including Ratio Decidendi and Obiter Dicta and how case law is used as a source 3.5 Explain the influence on UK law through 3.5 Primary and secondary sources such as •Treaties membership of the European Union •Regulations •Directives of EU law with reference to how the individual member states are subject to it. As well as knowledge of European institutions and their role in the creation and application of EU Law. 3.6 Explain the influence on UK law of the 3.6 An outline of the rights and freedoms contained in Schedule 1 European Convention on Human Rights of the ECHR; an illustration of their application in case law. Also the effects of sections 2, 3, 4, 6 and 7 of the HRA. 7 4. Understand the principles of 4.1 Explain how statutes are interpreted with 4.1 Understand and be apply to define the difference between statutory interpretation reference to: statutory definition and common law rules statutory definitions common law rules 5. Understand the hierarchy and 5.1 Explain the function of the Supreme Court 5.1 Understand the role, function, jurisdiction and personnel of the function of the courts Supreme Court 5.2 Identify the courts exercising civil 5.2 The roles, function, jurisdiction and personnel of the County jurisdiction and any appeal function Court, the High Court, the Court of Appeal and the United Kingdom Supreme Court; the main objectives of Civil Procedure Rules 1998 including the purpose of the overriding objective; the three track system (small claims, fast track and multi-track). An outline of the appeals route including: County Court or High Court Appeals against Judgment to Civil Division of Court of Appeal. 5.3 Describe the nature of the work undertaken 5.3 The roles, function, jurisdiction and personnel of the county in the civil courts court, high court, court of appeal and Supreme court 5.4 Explain how the courts operate with 5.4 Understand the main objectives of the Civil Procedure Rules reference to the Civil Procedure Rules including the purpose of the overriding objective and the three track system. 5.5 Identify the courts exercising criminal 5.5 Outline of the appeals route including: Magistrates to the Crown jurisdiction and any appeal function Court including appeals against conviction and to the Divisional Court of the High Court by means of case stated on a point of law and United Kingdom Supreme Court and Crown court appeals against conviction and/or sentence to the Court of Appeal Criminal Division of the Court of Appeal and the Criminal Cases Review Commission 5.6 Describe the nature of the work 5.6 The roles, function, jurisdiction and personnel of the Magistrates undertaken in the criminal courts Court, the Crown Court, the Court of Appeal and the United Kingdom Supreme Court and Juries; explaining, with examples, summary offences, offences triable either way and offences triable only on indictment; the main objectives of Criminal Procedure Rules 2010 including the purpose of the overriding objective.