Financial Law LAW4122

  • Academic Session: 2023-24
  • School: School of Law
  • Credits: 20
  • Level: Level 4 (SCQF level 10)
  • Typically Offered: Semester 2
  • Available to Visiting Students: Yes

Short Description

The course will offer a simple conceptual scheme for analysing financial law as a whole with specific illustrative examples from various sectors. The ambition of the course is to make the subject accessible as a whole and to offer students a critical understanding of the fundamental regulatory narratives and types of capital markets (i.e. the various methods of raising capital and the applicable legal obligations)

Timetable

Tuesday 9-11am (10 x 2h seminars on campus teaching)

Requirements of Entry

A pass in Commercial Law (Level 2) and Business Organisations (Level 2) is required.

Excluded Courses

None

Co-requisites

None

Assessment

Assessment will be conducted through:

- a two-hour unseen written examination (worth 100% of the final course mark). During the two-hour unseen written examination, students will be invited to answer TWO (out of four) questions. Each of the two answered questions will be worth half of the written examination mark.

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Main Assessment In: April/May

Are reassessment opportunities available for all summative assessments? No

 Reassessments are normally available for all courses, except those which contribute to the Honours classification. Where, exceptionally, reassessment on Honours courses is required to satisfy professional/accreditation requirements, only the overall course grade achieved at the first attempt will contribute to the Honours classification. For non-Honours courses, students are offered reassessment in all or any of the components of assessment if the satisfactory (threshold) grade for the overall course is not achieved at the first attempt. This is normally grade D3 for undergraduate students and grade C3 for postgraduate students. Exceptionally it may not be possible to offer reassessment of some coursework items, in which case the mark achieved at the first attempt will be counted towards the final course grade. Any such exceptions for this course are described below. 

Course Aims

The course aims at providing students with a conceptual scheme for analyzing financial law. The ambition is to make the subject accessible as a whole and to offer students a critical understanding of the fundamental regulatory narratives and types of financial positions, as well as developing their legal skills (communication and problem-solving). In particular the course aims to:

 

a) introduce the students to the main legal questions concerning the functional connection/convergence between various financial positions and keep them abreast of contemporary developments in capital markets and enforcement;

 

b) give the students a thorough understanding of the sources of Financial Law and obligations arising from contractual positions under different regulatory narratives;

 

c) give students an insight into the different fora (national/European/international) in which financial law is developed, applied and enforced, including international organisations operating at the global and regional level (e.g. FCA, European Commission and BIS) and the judicial system;

 

d) provide students with experience of working in groups and foster group discussion;

 

e) encourage independent reading;

 

f) develop research skills.

Intended Learning Outcomes of Course

By the end of this course students will be able to:

1. identify, describe and critically evaluate the core rules and principles of the discipline;

 

2. relate and contrast the core concepts of the most important different financial position vis a vis the different regulatory narratives;

 

3. compare and combine different financial positions and explain the convergence pattern;

 

4. demonstrate the ability to construe a legal argument in relation to each financial position (i.e. the various methods of transferring credit risk in the financial markets - simple/funded/net/asset backed) and to present it;

 

5. apply their knowledge to a specific case; in particular, recognise and name the legal issues arising out of specific facts, individuate the type and content of legal principles and rules applicable to them and apply those principles and rules to decide how the case has to be solved.

Minimum Requirement for Award of Credits

Students must submit at least 75% by weight of the components (including examinations) of the course's summative assessment.