Civil Litigation (DPLP) LAW5007
- Academic Session: 2021-22
- School: School of Law
- Credits: 15
- Level: Level 5 (SCQF level 11)
- Typically Offered: Semester 1
- Available to Visiting Students: No
- Available to Erasmus Students: No
A core course within the Diploma in Professional Legal Practice. The course is designed to equip students with the professional skills necessary for practising civil litigation in Scotland.
1 x 1 hour introductory lecture
5 X 1 hour lectures
9 x e-modules
9 X 2 hour tutorials
1. Tutorial preparation, participation and performance 20%
2. Simple Procedure 30%
3. Online Knowledge Quiz 30%
4. Motions - Draft motion and present oral submission 20%
Main Assessment In: December
Are reassessment opportunities available for all summative assessments? No
Reassessments are normally available for all courses, except those which 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.
The aims of the course are:
■ To provide students with a practical knowledge and understanding of the court processes through which a client vindicates a legal right, or seeks redress of a civil wrong, either in the Sheriff Courts of Scotland or the Court of Session.
■ To enable students to acquire and practise practical litigation skills, including advising clients, preparing a case and negotiation.
Intended Learning Outcomes of Course
By the end of this course students will be able to:
■ Interview and advise clients effectively, take precognitions, and open and manage a client file.
■ Demonstrate knowledge and critical understanding of the different ways in which civil litigation may be funded, including knowledge and understanding of judicial expenses and taxations.
■ Demonstrate and apply knowledge and understanding of rules of jurisdiction and civil procedure.
■ Demonstrate knowledge and understanding of the concepts of relevancy and specification in civil procedure; draft written pleadings that are relevant and specific, including critical assessment of information provided by clients as the basis for such pleadings.
■ Demonstrate an ability to evaluate information critically and construct and prepare an effective oral argument.
■ Demonstrate knowledge and understanding of how actions are settled including the role played by negotiation, and conduct a negotiation effectively.
■ Demonstrate and apply knowledge to prepare the following cases Proof/Proof Before Answer/Debate/Pre-action protocol.
■ Demonstrate knowledge and understanding of appeal procedures.
■ Demonstrate knowledge and understanding of the role of professional ethics in litigation and an ability to identify, evaluate and resolve conflicts of interest.
Minimum Requirement for Award of Credits
Attendance at tutorials is compulsory. Credit will be refused if a student fails to attend a tutorial without good cause.
The requirements for the award of the Diploma in Professional Legal Practice is 120 credits:
(a) candidates to achieve a grade D or better in all courses.
(b) candidates to achieve a grade D or better in each component part of each course.