First and Second Year Courses
This section lists courses offered at levels one and two. Most students who attend these courses are pursuing an LL.B., but students from outwith the School of Law, and students visiting from abroad, also attend some of the listed courses.Business Law 1 [9NSU]
Dr Mark Godfrey
Level One [non-law course]
This course offers an introduction to the legal systems of Scotland and the UK, and provides an overview of the law of contract, delict (in England tort, that is, the law of civil wrong), and related areas such as the law of data protection in the UK, and computer misuse. The focus is a practical one, looking at how these areas of law have significance in the commercial context.
Business Law deals with a range of practical questions. What are the sources of law in the UK and how do the courts interpret and deal with them? In what circumstances do agreements have legal consequences? What remedies may result if those agreements are not adhered to? Can all the consequences of the failure to adhere to an agreement be compensated, or does the law draw a line somewhere? What duties do companies and individuals owe to others? What happens if personal injury results from the failure to meet those duties? If I hire a car from a company and that car has faulty brakes, and as a result I am injured, can I sue the company which hired the car to me? What limits might there be to liability where someone is negligent and this causes some form of injury to others? Does injury have to be physical, or can it simply be financial? If I hold data about my employees on computer, what principles must I adhere to in dealing with that data?
Format
This course is taught by lecture, with regular tutorials. Tutorial class sizes are standard (10-12 students).
Business Organisations [KZKV]
Professor Iain MacNeil
Level Two
The course covers the basics of UK Company Law in some detail, and the operation of other business entities within Scotland (e.g. partnerships and limited liability partnerships). The theories underpinning incorporation and limited liability are discussed, as well as issues such as the role and responsibilities of directors and partners in a firm. Other areas covered include the legal relationship between companies and partnerships and third parties, the concept of agency, and the role of shareholders and the remedies available to them and corporation tax.
Format
This course is taught by lecture, with regular tutorials. Tutorial class sizes are standard (10-12 students).
Commercial Law for Business [9NTV]
Dr Martin Doris
Level Two [non-law course]
The course covers the basics of UK Company Law in some detail, and the operation of other business entities within Scotland (e.g. partnerships and limited liability partnerships). The theories underpinning incorporation and limited liability are discussed, as well as issues such as the role and responsibilities of directors and partners in a firm. Other areas covered include the legal relationship between companies and partnerships and third parties, the concept of agency, and the role of shareholders and the remedies available to them. The course also deals in detail with the rules governing security transactions, sequestration (i.e. bankruptcy), and the legislation covering sale of goods in the UK.
Aims
To provide a firm grounding in the structure and content of the law of partnership, agency, company law and trusts and to provide an overview of the law governing liquidation, company administration and personal sequestration; To explain and illustrate, through a programme of lectures, tutorials and directed reading, the basic principles and concepts of the law in these areas; To examine the law in these areas in sufficient detail to meet the requirements for BAcc professional exemption.
Format
This course is taught by lecture, with regular tutorials. Tutorial class sizes are standard (10-12 students).
Criminal Law and Evidence [8RNU]
Prof. Lindsay Farmer
Level One
The criminal law of Scotland is quite different from that in England, and the course looks at the definitions of the major common law crimes, such as murder, rape and theft, as well as the underlying theoretical principles which have been developed by the courts. In what circumstances is there joint liability for a crime? What makes conduct criminal? Which defences might be available to a person accused of a crime? What is the definition of self-defence? What effect has a plea of provocation or diminished responsibility? What is meant by the burden of proof or a sufficiency of evidence? How much evidence is required for a conviction; what type of evidence might there be, and what does corroboration mean? The nature of the subject means that there is a considerable amount of case-law to be studied.
Format
This course is taught by lecture, with regular tutorials. There is an emphasis on problem-solving. Tutorial class sizes are standard (10-12 students).
European Union Law [9HDV]
Ms Maria Fletcher
Level Two
What are the principles underlying the European single market? What does the free movement of persons, goods and services actually mean in practice and how is it secured in the courts? What policies govern the regulation of competition within the internal market? What is the political and economic context in which this jurisprudence has developed and is developing?
Aims
The aims of the course are as follows: To build on the knowledge and skills communicated in the classes of Sources and Institutions of Scots Law and Law and Government in which the students studied the institutions and judicial system of the European Union; to introduce students to the substantive law of the European Union, namely the internal market, competition law and policy and discrimination law; to fulfil the requirements of the Law Society of Scotland; to encourage interest in and awareness of the continuing process of European integration; to show how underlying socio-political and economic factors shape the development of European Union law; to further develop students transferable skills, in particular problem solving, written communication skills and autonomous learning skills; to encourage independent learning in preparation for the workshops and assessment.
Format
This course is taught by 4 workshops, with a small number of lectures. Some learning is student-led.
Forensic Medicine [9KWU]
Prof. R. Anderson
Level One
How do the prosecuting authorities investigate, and the courts deal with, deaths in suspicious circumstances or resulting from criminal activity? What is the role, and what are the limits, of forensic science in the detection of serious crime? What are the main categories of injury and sudden, traumatic, and non-accidental death? How do forensic pathologists and scientists investigate them? What is the role of the police surgeon? What happens to complainers in sexual assault cases? What are the basic ideas behind the principles of forensic science in the areas of toxicology, forensic serology and haemogenetics (DNA analysis) and forensic psychiatry?
Format
The course is taught by lecture and involves a considerable number of slides. It includes a number of guest lecturers who are experts in particular aspects of the subject. There are no tutorials.
International Private Law [0MWV]
Prof. Elizabeth Crawford
Level Two
This course examines the extent of application of Scots Private Law and its interaction with other systems of Private Law. Many legal problems arising in Scotland may require the application of foreign Private Law; this may occur in any area of Private Law, from family law (marriage/divorce/child abduction), to commercial law (the law of obligations, property and succession). Which law will determine the validity of a marriage celebrated abroad? Which law will govern a contract? Which law will determine liability should an accident which occurred abroad be litigated upon in Scotland? Rules of jurisdiction of the Scots courts, and of enforcement of foreign judgments in Scotland also will be treated.
Format
This course is taught by lecture, with regular tutorials. Tutorial class sizes are standard (10-12 students).
Jurisprudence [8ZKV]
Dr Scott Veitch
Level Two
Jurisprudence is the study of law and legal institutions in their historical, philosophical and political contexts. This course offers a range of competing interpretations of how the role of law is best understood, considering amongst other things the relation between law and politics, law and the economy, law and moral values, the role of judges in a democracy, and the virtues of the rule of law and threats to its realization in practice. The course provides students with an introduction to and overview of the historical and philosophical development of understandings of these profoundly important social concerns, and enables them to analyze and reflect on the role of law and legal practice more broadly.
Format
This course is taught by lecture, with regular tutorials. Tutorial class sizes are standard (10-12 students).
Labour Law [0LHV]
Dr Jane Mair
Level Two
What rights do workers have to associate together in a trade union to represent their interests? How are working relationships regulated by law and how did this area of law develop within the UK? How does the law deal with issues of discrimination and victimisation against employees? What rights to workers have to parental leave, or against unfair dismissal? What happens to them if their employer is taken over by another company? This course deals with the regulation of working relationships and in particular the relationship of employment. It highlights the various sources of regulation including the contract of employment, collective agreements, UK employment legislation and various European measures.
Format
This course is taught by lecture, with regular tutorials. Tutorial class sizes are standard (10-12 students).
Law and Government [8ZQV]
Prof. Adam Tomkins
Level Two
In what circumstances can the courts be asked to review the decision of a government minister or local administrative body? With what practical effect? What limits the discretion of state or local government institutions and in what circumstances might they be held to have acted beyond their powers? Who can sue when this happens? Where can they sue? When is the Crown liable to its subjects? If the state injures me in some way, can I sue in order to obtain reparation? What liability does the state have in European Law? This course looks at the means by which the state in the UK may be held accountable to its citizens, and the peculiarities involved in bringing actions against the Crown. The focus is not simply UK-wide, but includes the European Union and the specifically Scottish dimension.
Format
This course is taught by lecture, with regular tutorials. Tutorial class sizes are standard (10-12 students).
Principles of Private Law [8QJU]
Dr Janeen Carruthers
Level One
The course introduces students to the Scots Private Law principles concerning the law of property, obligations, and family law. The course starts with a study of fundamental property law principles, and continues with a more detailed study of the laws of contract, delict, adult relationships, and child law.. The property component of the course addresses questions such as: what is property? What kinds of property are recognised by law? What classifications of property does the law recognise? What rights do we associate with property? The contract element of the course deals with legal relationships created by consent between legal persons. What does it mean to enter into a contract with someone? What rights might flow from this? How is it done? What happens if the contract is not performed properly – what remedies does the law prescribe for those who suffer loss as a result?
The law of delict concerns the obligations imposed upon one party to compensate another who has suffered harm or injury through the wrongful conduct of the first.. What civil remedies does the law provide where one person intentionally or negligently injures another? How widely, or narrowly, does the law prescribe a duty not to harm others? For what kinds of harm does the law provide delictual remedies? Does every consequence of intentional or negligent conduct generate civil liability?
Family law is concerned with the status of persons in society and their relationship to each other and to any children for whom they have care and responsibility. Who can get married (in law, we would say who has the capacity to get married)? What are civil partnerships and how do they differ from marriage? How are these types of relationships created? What rights do children have? Can children consent to medical treatment? What are the legal responsibilities of parents towards their children? On what basis does the law allow divorce? What consequences might arise from the break-up of a legally-recognised family relationship?
Format
This course is taught by lecture, with regular tutorials. Tutorial class sizes are standard (10-12 students).
Property Law [8ZMV]
Mr Tom Guthrie
Level Two
This course builds on basic knowledge gained in Principles of Private Law and looks further at the general principles of property law and conveyancing. How is ownership regulated in Scotland? When and how is heritable property transferred from one person to another? When is a lease created, and what rights do tenants have in Scotland? Who enjoys copyright and patent protection and in what circumstances? What is a trust – who owns trust property, and how does a trust operate? When is a written legal document valid? Can my parents disinherit me? What happens if someone dies without having written a will? In what circumstances is someone presumed to be dead? How does inheritance tax operate? Do I have the right to roam anywhere in Scotland? Can I chop down my neighbour’s tree when its branches interfere with my view? Can I stop my next door neighbour building an extension to his house?
These, and many other questions, may be addressed. The focus of the course is on property law, especially the law relating to heritable property, trusts, succession and the basics of conveyancing. Relevant issues of tax law are covered in order to provide a holistic treatment of the subject.
Format
The emphasis in this course is on tutorials, although there are some key lectures. Tutorials are student-led, with facilitators there to provide guidance. Tutorial groups are limited to 10 whenever possible.
Public International Law [8RIU]
Mr Akbar Rasulov
Level One
The principal aim of this course is to provide an introductory overview of public international law, showing what international law is, what its principal divisions are, how it works and what its strengths and weaknesses are. It also aims to provide an understanding of the nature and sources of international law, introduce the elements of the main subject areas of international law, contemporary developments in the subject, and the principal areas of international conflict and the main actors on the international stage; and to foster an appreciation of the role played by international law in the settlement of international disputes. Finally, the course also aims to develop your critical reading and international law problem solving skills; to develop your basic communication skills through participation in tutorial debates; to introduce you to basic international legal research and IT skills using the Internet; and to familiarise you with the professional role and career choices of the international lawyer.
Format
This course is taught by lecture, with regular tutorials. Tutorial class sizes are standard (10-12 students).
Roman Law of Property and Obligations [8RCU]
Prof. Ernest Metzger
Level One
This course gives an overview of those areas of Roman law to which modern Scots law is substantially the heir: the law of property (describing the various ways by which one may claim real or possessory rights in a thing), and the law of obligations (describing how one becomes bound by right or duty to another person). These areas alone cover a very substantial amount of Roman private law, and on that account the course can be regarded as an introduction to Roman law. Most of the students attending the course are enrolled for an LL.B., and of those, many are attending in anticipation that in future they may wish to apply for admission to the Faculty of Advocates, for which body an examination in the Roman law of property and obligations is required. But students outwith law, e.g. from history or classics, are very welcome. There are no prerequisites to attending, and students do not need to know Latin.
Format
This course is taught by lectures and tutorials. The tutorial and exam focus on problem-solving; the essay focuses on the history of Scots law.
Sources and Institutions of Scots Law [8RBU]
Dr Gavin Anderson
Level One
The course introduces student to the sources of law in Scotland (and this includes the sources of UK law and of European law), and the rules by which the courts interpret and use them. What is an act of parliament? Why is the House of Lords more important than the sheriff court? Is it always so? There is considerable focus on the relationship between the individual and the state and its institutions. This is known as public law, and it is examined on a UK-wide basis. An important aspect of this is the relationship between UK citizens, the UK government, and the institutions of the European Union.
What are human rights? Where do they fit in? Is the European Parliament more important than the parliament in Westminster? How does devolution to the Scottish parliament work? By what mechanisms does government operate within the United Kingdom? What checks and balances exist to secure personal liberty? What is the content of the constitution of the United Kingdom and why does it remain unwritten? Where does local government fit in? What is the relationship between the Scottish Executive and the UK government?
This multi-faceted course covers some areas unique to Scotland, but in the main UK public law is considered and the relation of the UK to the institutions of the European Union.
Format
This course is taught primarily by tutorial, with some supplementary lectures. Tutorials consist of groups of 20 students.
Tax Law [8ZLV]
Mr John Brown
Level Two
What are the UK tax implications if a UK bank outsources administrative work to a call centre in India or if a famous Glasgow football club grants a testimonial to a Swedish-born star employee? Are hot pies sold by a bakery subject to standard rate Value Added Tax (VAT) at 17.5% as catering or to zero rate VAT at 0% as food? This course serves as an introduction to UK tax law and is principally designed to teach students about the key domestic and international sources of tax law with a specific emphasis on fiscal legislation and case law interpretation.The course examines only VAT and Income Tax in depth as other significant taxes are examined in detail as part of two other Level 2 courses.
Format
This course is taught by lecture, with regular tutorials. Tutorial class sizes are standard (10-12 students).
Taxation [345B]
Ms Elspeth Napier
Level Two [non-law course]
Why has my employer deducted tax from my earnings, when I’m a student? I’m selling my house, do I need to pay capital gains tax? This course explains the most important elements of the principal UK taxes, and provides students with the knowledge and skills necessary to calculate income tax, corporation tax, capital gains tax, inheritance tax and value added tax liabilities. It has a heavy computational bias, and is aimed at meeting the accreditation requirements of the main accountancy professional bodies.
Aims
The aims of the course are: (1) to explain the most important elements of the principal UK taxes; (2) to develop a critical understanding of the different sources of tax law; (3) to provide students with the knowledge and skills necessary to calculate income tax, corporation tax, capital gains tax and value added tax liabilities; (4) to introduce students to the legal skills relevant to the interpretation of fiscal legislation, including the research of cases, statutes and other relevant materials, and the reading and analysis of same; (5) to meet the accreditation requirements of the appropriate accountancy and legal professional bodies
Format
This course is taught by lecture, with occasional Workshops.