Mr Essay, Research Paper
PROSPECTUS OF HONOURS COURSES
2000/2001
This document contains information on all Honours courses on offer next year together with important information about admission to Honours and assessment in Honours courses. Please retain it for reference throughout the session.
Douglas Brodie,
Associate Dean.
ADMISSION AND APPLICATION PROCEDURE 2
LIST OF COURSES ON OFFER AND NOT ON OFFER IN 2000/2001 4
COURSE ENTRIES
A)COURSES ON OFFER 2000/2001 5 – 23
B) COURSES NOT ON OFFER 2000/2001 25 – 28
HONOURS TIMETABLE 24
INFORMATION FOR HONOURS STUDENTS29 – 35
The Common Marking Scheme
Ill Honours Students
Oral Examinations
Appeals Against Marks or Classification of Degrees
Statement about late presentation of Essays
Quotations
Notification of Honours Results
Appendix – Specimen Illness Self-Certification Form
N.B.ALL HONOURS STUDENTS MUST BE IN RESIDENCE AND AVAILABLE TO SEE THEIR DIRECTOR OF STUDIES BY THURSDAY 5TH OCTOBER 2000.
PLAGIARISM
Plagiarism is the appropriation without attribution of another person?s thoughts or words. As a denial of that independence of thought which it is the aim of higher education to inculcate it is naturally a grave offence against University discipline. At best, the work in which it features is unlikely to contribute any marks to assessment; at worst it could merit expulsion from the University. See the fuller statement on the inside back page.
RULES GOVERNING ADMISSION TO HONOURS
AND TO INDIVIDUAL COURSES
1.With effect from session 1998-99 Faculty has altered the rules governing admission to Honours. The new rule is that all students who apply for admission to Honours will be admitted if they:
(a)have completed two years of study towards graduation, or, in the case of graduates, have completed one year of study within the Faculty; and
(b)by the end of the September diet of examination they have failed to pass not more than one of the courses (whether a half or a whole course) prescribed for their study in their years or, as the case may be, year in the Faculty.
2.Students who are not admitted to Honours may appeal if there has been a procedural irregularity. Students who wish to appeal should discuss the matter as soon as possible with their Director of Studies and give notice of appeal to the Faculty Officer no later than five days before commencement of the Autumn Term.
3.Application for admission to Honours is made on a form available in the Faculty Office. Applications should be made by the end of July in the year of study in which admission is sought. On the same form students are asked to choose the Honours courses they wish to take. This choice may only be altered by notification to the Faculty Office in writing.
4.In August those who are refused entry to Honours will be advised of the fact. Their cases will automatically be reconsidered following the resit diet of examinations. If they are admitted, only then will their application for entry to particular courses be considered.
5.Candidates entering the final year of Honours may apply for admission to Honours courses on forms available in the Faculty Office from the beginning of May. These applications must be submitted by Friday, 28th July and the choice then made can only be altered by notifying the Faculty Office in writing.
6.Where applications for a course exceed its quota, selection will be made on the grounds of general academic merit with any special criteria noted in the individual course entry.
7.Points are awarded for each degree course passed, whether by examination or exemption. No points are awarded for a pass obtained other than in a first diet of examination (Summer diet) unless the applicant had good reason to sit an examination in the Autumn diet. Previous failure in the course or disinclination to take an examination will not be considered good reason, but illness or extenuating circumstances will be so considered. If you are thinking of adopting this course talk to your Director of Studies in advance. Resitting exams to improve the grade is not permitted. Each pass is awarded points on the following scale:
A grade4 points
B grade3 points
C grade2 points
D grade1 point
A half course is awarded half the number of points stated above. (An A grade pass in a half course would therefore attract 2 points, for example).
Information on grades is available from Directors of Studies.
APPLICATION FOR AND ALLOCATION OF PLACES IN PARTICULAR COURSES
Once all forms have been received indicating course choice, the Faculty Office makes a list for each course indicating all the students who have put that course as one of their first choice courses. If the total number of students wishing to take the course as a first choice is less than the quota for that course, all those students are given a place. If the total is more, the students are selected up to the quota in order of academic merit.
Those students who have not been successful are then entered into their reserve courses, if there are still spaces left. If there are spaces, but the number of students exceed the spaces, again selection is made on the basis of academic merit. It is possible that some students will not have gained entry into a sufficient number of their first choice and reserve courses, in which case they will then receive a letter from Faculty Office indicating what courses still have places available and asking the student to make a choice from these. Students who are admitted to Honours only after resits in October will miss out on this first round of allocation of places.
. In the past, courses which have been regularly oversubscribed include: Commercial Law, Company Law, Criminal Law, Criminology, Information Technology and Law, Intellectual Property, Media Law, Medical Jurisprudence, Property Law, Taxation. Courses which are generally round about quota are: Comparative Criminal Procedure, Contract, Constitutional Law, Delict, International Private Law, International Law.
Also, . If the entry for a particular course says that performance in a particular Ordinary course will be looked at in selecting Honours students and your performance in that Ordinary course was not good it is pointless to apply for it. Likewise, if your overall performance in your first two years is not very good, remember that by putting as first choice one of the most popular courses (probably in vain) you may miss out completely on second preference courses to friends who took a more realistic estimate of their chances of selection.
EXEMPTION FROM THE COMMON PROFESSIONAL EXAMINATION (CPE)
The Law Society of England and Wales have agreed that those students from Edinburgh who have studied Contract, Commercial, Delict, Constitutional and European Community Law (all Ordinary) together with Delict Honours will be exempt from two out of the eight examinable subjects of the CPE including the ?other area of Legal Study?. Accordingly, those students who are contemplating entering the solicitors? branch of the legal profession in England should seek entry to Delict Honours.
It is unlikely that the Council of Legal Education, which governs admission to the English Bar, will recognise our courses.
COURSES OFFERED IN 2000-2001QUOTA
Civil Law25
Commercial Law25
Comparative Criminal Procedure25
Contract25
Competition Law25
Delict25
EC Substantive Law25
European Community Regulation of
Culture and the Mass Media25
20 (plus 10 non-law)
European Institutions20 (plus around 20 non-law)
Family Law25
French Law
Gender and Justice
German Private and Commercial Law
History of Scots Law
Human Rights
Information Technology and Law
Intellectual Property
International Law A
Jurisprudence of Legal Concepts
Justice, Ethics and Law
Labour Law25
20 (plus 10 non-law)
25
25
25
25
25
25
20 (plus 10 non-law)
20 (plus 10 non-law)
25
Legal Process
Law, Democracy and Citizenship
Media Law
Medical Jurisprudence
Property Law
Punishment and Society
Taxation
15 (plus 10 non-law)
20 (plus 10 non-law)
25
25
25
20 (plus 10 non-law)
25
COURSES NOT AVAILABLE IN 2000-2001
Administrative Law
Agricultural Law
Company Law
Comparative Law
Constitutional Law
Criminal Law
Criminology
Environmental Law
European Legal History
German Constitutional Law and Government
History of Legal Ideas
International Law B
International Legal Order of the Environment and World Economy
International Private Law
Law and European Economic Integration
Theories of Law and Society
Welfare Law and Administration
COURSE ENTRIES
A)COURSES ON OFFER IN 2000-2001
CIVIL LAW
The course is divided into one major and two minor units. The major unit (ten two-hour seminars) will be The Roman Law of Damage to Property, based on the Digest title 9.2. (on the Lex Aquilia). The minor units (five two-hour seminars each) will be Law Making in the Later Roman Republic and Early Roman Law. These two units will be linked by focusing to a certain extent on the development of the law on debt.
Recommended advance reading:
O.F. Robinson: The Sources of Roman Law (1997)
B. Nicholas: An Introduction to Roman Law (1962)
Assessment will be by two essays each of about 5,000 words and an oral exam. One essay must be based on the work of the major unit, the other on one of the minor units. Each counts for 50%.
Further details, including a list of the topics to be covered in each seminar, are available from the department, as also advice as to the need for Latin. Many people have successfully taken the course with very little or no Latin. Nor is it necessary to have taken Civil Law Ordinary. Anyone, who has doubts on this score, or on any other, should come along and talk them over.
Course Organiser/Teacher
Mr. G. McLeod.
COMMERCIAL LAW
In this course, we analyse, in depth, selected topics in commercial law. Topics may include securities for advances, personal and corporate insolvency, ranking, loans, banking, guarantees, performance bonds and partnership. Selected aspects of company law may also be considered. Where appropriate, the international aspects of commercial law will be referred to.
Teaching
One two-hour meeting each week, in the form of a seminar. A worksheet is issued the week before each meeting, containing reading references and questions for consideration.
Assessment
Examination 60% and essay 40%.
Requirements
Pass in Commercial Law Ordinary
The course presupposes a sound understanding of property law and contract law.
Reading
There is no textbook for the course. Useful background reading:
Professor Wilson?s Debt;
R. M. Goode?s Commercial Law (1995) 2nd edn.
Michael Brett?s How to Read the Financial Pages.
Course Organiser/Teacher
Professor W. McBryde
COMPARATIVE CRIMINAL PROCEDURE
Comparative criminal procedure will examine the situation of an accused person from the moment of arrest until sentence and the whole process of the state?s dealing with an accused. This course will mainly concentrate on the Scottish, English and French criminal systems.
No knowledge of a foreign language is required, but those students who have a reading knowledge of French will have access to a wider range of reference material.
Guest speakers, video films, visit to institutions (police station, prison, crown office etc.) will illustrate the theory with the practice.
Topics will be drawn from the following:
(a)Aims of the criminal process
(b)Police powers/the rights of the accused (right to silence, access to lawyer?.)
(c)Prosecution: decision to prosecute, criteria, relation with the police
(d)Investigation
(e)Evidence
(f)The legal profession (the judiciary and the defence lawyer)
(g)The trial
(h)Sentencing: aims and objectives, sentencing powers
(i)The criminal process and human rights
(j)Justice and media
Seminars
There will be one two-hour seminar each week.
Assessment
By mean of an essay (counting 1/3) and a three-hour written examination (counting for 2/3).
Preliminary Reading
M. Zander, Cases and Materials on the English Legal System (1999)
A. Stewart, The Scottish Criminal Courts in Action (1997)
J. Hatchard, B. Huber, R. Vogler, Comparative Criminal Procedure (1996)
Course Organiser/Teacher
Ma?tre J. Godard
COMPETITION LAW
The purpose of the course is to develop an understanding of the rationale behind competition (or ?antitrust?) regulation in a free market economy, primarily the rules governing competition law in the European Community and the United Kingdom. It will therefore consider cartels and other contractual restraints, monopolies, oligopolies and mergers, and the administrative and civil enforcement of the rules. The Community rules have applied since 1962 and constitute the bulk of our present understanding of the discipline; substantive British rules (closely mimicking the Community rules) came into force only in March 2000, which is why the course is offered for the first time in Autumn 2000. The opportunity exists for consideration of the development of a new body of law in its early (faltering?) stages. Throughout there will be comparative consideration of the Community and the British rules; there will also be occasional reference to the comparable principles to be found in American and German law.
Most of the reading will be of primary legislation and case law. There will be some consideration of economics in the course but none which requires more than reasonable common sense.
Prerequisites
A pass in Contract (Ordinary); a pass in European Community law (Ordinary) concurrent matriculation in that course
Suggested Reading
D. Swann, The Economics of the Common Market (most recent edition)
Assessment
One essay (30%) and one written examination (70%)
Course Organiser/Teacher
Dr. R. Lane
N.B. A student who completed the course in EC Substantive Law (Honours) prior to Autumn 2000 will not be admitted to Competition Law
CONTRACT
At least since 1681, when Viscount Stair published his Institutions, Scotland has had a general law of contract. The course will examine this general law from a number of angles to see how the different principles interrelate and are applied in practice.
Topics will be drawn from the following:
(a)Obligations: the place of contract in the law of obligations; its relationship with delict and unjustified enrichment; the function of promise; third party rights.
(b)Formation: Offer and acceptance; intention to create legal relations; certainty; formalities; unilateral obligations.
(c)Grounds of Challenge: error and misrepresentation; force and fear; undue influence of bargaining power; unlawfulness.
(d)Contractual Terms: express and implied terms; interpretation; the effect of particular terms (restrictive covenants, retention clauses, arbitration clauses, penalty clauses, exclusion and limitation clauses).; mutuality of terms.
(e)Breach of Contract: recission and repudiation; non-judicial remedies; specific implement and interdict; damages.
(f)Termination: payment and performance; prescription; frustration.
In discussing the substantive law, two general themes will predominate. First, how far has the general law been croded by the incursion of delict and the growth of detailed rules for individual contracts, and to what extent is a developing law of unjustified enrichment providing solutions to problems previously regarded as contractual? Secondly, to what extent has judicial intervention in reforming the terms the parties themselves have entered into diluted the principle of freedom of contract? At various points, recent initiatives on uniform principles of European contract law will also be discussed.
Seminars
There will be one two-hour seminar each week. Students are expected to contribute to group discussion.
Assessment
(a)Examination. 60% (including compulsory ?seen? problem)
(b)Essay. 40%
Student Selection
Selection is made on the basis of general academic merit except that performance in Contract Ordinary is used as a ?tie-breaker? where necessary when allocating the final places.
Preliminary Reading
MacQueen & Thomson, Contract (2000) and Gilmore: The Death of Contract (1974)
Pre-requisite course
Contract (? course)
Course Organiser/Teacher
Mr. M. Hogg
DELICT
Rather more than half the course will explore the major concepts of the law of negligence such as fault, duty, causation and remoteness. The objects in this part is to go behind material already encountered in the Ordinary course. It seeks to analyse what the concepts mean, their relationship to each other and their implications for the developing law. Topics include, for example, pure economic loss and the role of statutes in the Law of Delict. Negligence law is at present in a state of continuous change and is giving rise to a large quantity of new case law, ideas and academic literature, which are studied in the course.