Undergraduate 

Common Law (graduate entry) LLB

International Private Law Level 2 LAW2006

  • Academic Session: 2021-22
  • School: School of Law
  • Credits: 20
  • Level: Level 2 (SCQF level 8)
  • Typically Offered: Semester 1
  • Available to Visiting Students: Yes
  • Available to Erasmus Students: Yes

Short Description

The course examines rules of Scots and European law concerning jurisdiction, applicable law, and foreign decree enforcement, which arise when a case containing foreign elements presents in Scotland. The syllabus addresses such cases as arise in any area of Private Law (child and family law, contract, delict, property and succession) where a foreign element exists. The area of law is Europeanised and globalised, and study of European Regulations and international Conventions is an important part of the course.

Timetable

Tuesday, Thursday and Friday at 1100

Excluded Courses

None.

Co-requisites

None.

Assessment

45 minute formative/summative examination (15%)

2 hour summative examination (85%)

 

The 85% examination is an 'unseen' paper.

 

The 15% examination is a 'seen' paper which will be issued to students via the course Moodle page 24 hours in advance of the examination, to enable students to read the paper, make their question selection, consider the pertinent issues and plan their answers in advance of the examination itself. Students will not be permitted, however, to bring into the examination any draft plan or other aide memoire.

Main Assessment In: December

Course Aims

The knowledge-based aims of the course are:
1. To familiarise students with the nature of International Private Law, and its method and terminology.

2. To enable students to recognise conflict of laws issues in a legal problem.

3. To equip students to produce informed and reasoned arguments using Scots (and,
subsidiarily, English), European and international conflict of laws rules, in order to provide viable solutions to conflict problems arising in major areas of private law.
4. To equip students to discuss in essay format topics of importance within the conflict of laws.

The knowledge/skills-based aim of the course is:

5. To introduce students to the subject of law reform in the conflict of laws so that they may be able to evaluate recent and current law reform measures, national, international and EU.

The skills-based aims of the course are:

6. To develop student skills of problem-solving and analysis.

7. To develop student skills in handling materials relating to the above areas, including statutory and case law and reading and assessment of conventions, EU explanatory memoranda, and other consultation documents.

8. To develop student skills of written communication and problem solving by means of submission of diagnostic written assignment, and by satisfactory performance in the degree examination.

Intended Learning Outcomes of Course

Knowledge-based outcomes

On completion of the course students will be able to:


1.
Explain the nature and theory of the subject, the manner of conflict of laws reasoning, and use its terminology

2.
Describe how foreign rights may be upheld in our courts, and how foreign judgments are enforced.

3.
Expound upon the content of the choice of law rules of Scots (and subsidiarily, English), European and international law in all major areas, and explain relevant rules of jurisdiction.


Knowledge/skills-based outcomes


On completion of the course students will be able to:


4.
Produce accurate, relevant and authoritative answers to conflict problems arising in any one or more area(s) of international private law, and give full and accurate expositions of topics in any one or more such areas, showing awareness of current developments.


Skills-based outcomes


On completion of the course students will be able to:


5.
Explain in writing, and expound upon orally, the content of conflict rules applicable to given problems and/or subjects.

6.
Demonstrate, in writing, and orally, reasonable competence in problem solving and analysis of conflict of laws issues, showing awareness of source materials relating to conflict rules, including statutory and case law, EU explanatory reports and other consultation documents.

Minimum Requirement for Award of Credits

In order to receive credit for this course, students must attempt both course examinations.

Moreover, attendance at tutorials is compulsory: attendance at tutorials is monitored and failure to attend without good cause may result in refusal of credit.