Postgraduate Course: Civil Court Practice (LAWS11252)
Course Outline
School | School of Law |
College | College of Arts, Humanities and Social Sciences |
Credit level (Normal year taken) | SCQF Level 11 (Postgraduate) |
Availability | Not available to visiting students |
SCQF Credits | 15 |
ECTS Credits | 7.5 |
Summary | To develop the practical skills and knowledge in relation to the process of civil litigation in Scotland with particular reference to the sheriff court, covering inter alia the rules of jurisdiction in Scotland, the sheriff court Ordinary Cause Rules, the structure of other civil processes in the sheriff court, and the law relating to pleadings; and to work through case studies replicating typical civil actions, allowing students to undertake oral and written tasks as the actions progress. |
Course description |
Not entered
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Entry Requirements (not applicable to Visiting Students)
Pre-requisites |
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Co-requisites | |
Prohibited Combinations | |
Other requirements | None |
Course Delivery Information
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Academic year 2023/24, Not available to visiting students (SS1)
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Quota: None |
Course Start |
Semester 2 |
Timetable |
Timetable |
Learning and Teaching activities (Further Info) |
Total Hours:
150
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Lecture Hours 32,
Seminar/Tutorial Hours 33,
Supervised Practical/Workshop/Studio Hours 33,
Programme Level Learning and Teaching Hours 2,
Directed Learning and Independent Learning Hours
0 )
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Assessment (Further Info) |
Written Exam
70 %,
Coursework
30 %,
Practical Exam
0 %
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Additional Information (Assessment) |
Classwork 30%, Exam 70% |
Feedback |
Not entered |
Exam Information |
Exam Diet |
Paper Name |
Hours & Minutes |
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Main Exam Diet S2 (April/May) | Civil Court Practice Paper 1 | 3:00 | | Main Exam Diet S2 (April/May) | Civil Court Practice Paper 2 | 2:00 | | Resit Exam Diet (August) | Civil Court Practice Paper 1 | 3:00 | | Resit Exam Diet (August) | Civil Court Practice Paper 2 | 3:00 | |
Learning Outcomes
On completion of this course, the student will be able to:
- Mandatory outcomes: (a) knowledge and understanding of the institutions, structure and personnel of the Scottish civil justice system; the technology used in the civil justice system; the hierarchy of the courts; the principal grounds of jurisdiction; the competence of the respective courts; and the rights of appeal applying to different actions and forms of procedure; (b) knowledge and understanding of the ways in which civil litigation may be funded; the relationship between judicial and extra judicial expenses; and the basic principles governing the liability for judicial expenses; (c) knowledge and understanding of the procedural rules for actions at first instance in the Sheriff court comprising (i) Simply Procedure (ii) Ordinary Action (iii) Commercial Action (iv) Personal Injury action and (v) Summary Applications; (d) knowledge and critical understanding of basic principles and conventions of written pleadings applicable to all forms of procedure competent in the sheriff court including the concepts of specification and relevancy of written pleadings; (e) knowledge and understanding of the different forms of procedure competent in the Court of Session including the differences between ordinary actions and Petitions; (f) knowledge and understanding of the common forms of incidental procedures found in civil court actions, and the circumstances in which they would be appropriate; (g) knowledge and understanding of the hearings in the sheriff court that would lead to the determination of an action; (h) debates, proofs, proofs before answer; (i) and the procedure at such hearings; (j) knowledge and understanding of the ways in which evidence can be presented or agreed in civil actions; (k) awareness of how court actions might be settled extra judicially and the issues which might arise in these circumstances; (l) awareness of the commercial implications of the management of litigation by parties and the impact of the development of judicial case management.
- Core outcomes: (a) Professionalism; (b) Professional Communication: (i) Professional relationships and team working; (ii) Transactional research; (iii) Writing and drafting; (iv) Advocacy (c) Professional ethics and standards: (i) Duties to the court; (ii) Duties to the profession, (iii) The client-solicitor relationship; (iv) Conflict of interest (v) Confidentiality
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Additional Information
Graduate Attributes and Skills |
Not entered |
Keywords | Not entered |
Contacts
Course organiser | Ms Laura McBrien
Tel:
Email: |
Course secretary | Ms Margaret Stewart
Tel: (0131 6)50 2004
Email: |
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