Advanced EU Law: - Trinity College, Dublin Web viewConstitutional law I introduces students to the...

BOOK OF LAW MODULES

Academic Year

2016-17

Please note the information contained herein was correct at time of publication and may be subject to change.

Contents:

Junior Freshman Law modules 2Senior Freshman Law modules 8Junior/Senior Sophister Law modules 13Law and French Law Modules 38Law and German Law Modules 47Law Modules for BESS and Visiting Students 50Visiting students only 53

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Academic Year 2016-17

Please note the information contained herein was correct at time of publication and may be subject to change.

Junior Freshman Law Modules

Foundations of Law: (LA1023) 10 ECTSThis module introduces junior freshman students to the key features of the Irish legal system. It aims to analyse the Irish courts system, the principles of common law precedent and the issue of equal access to justice. The module considers various other aspects of the legal system including the sources of law, statutory interpretation and the impact of Irish membership of the European Union. Overall, it aims to attune students to the political, social and economic context of the Irish legal system, and to that end, particular emphasis is placed on current developments that may affect its operation.

The module also seeks to equip students with the basic skills required for the study of law. It introduces students to legal research and reasoning and provides practical training in legal problem solving, essay writing and advocacy.

The module provides students with an opportunity for structured reflection on learning. It aims to orient students to third level education by heightening awareness of approaches to learning and fostering effective strategies for the study of law.

Learning Outcomes: By the end of this module, students should be able to:

Identify and analyse the various sources of law in the Irish system and the re-lationship between them;

Display an understanding of the common law nature of the Irish legal system; Demonstrate knowledge of the Irish courts system, including the structure

and jurisdiction of the courts, the basic rules of trial procedure and evidence and the significance of recent reforms;

Critically analyse the doctrine of stare decisis and the system of judicial pre-cedent;

Explain the status and significance of European Union law, the European Con-vention on Human Rights and international law in the Irish legal system.

Engage in effective legal research both in the Library and online; Explain and apply the steps involved in the reading and interpretation of judi-

cial decisions;

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Articulate and critically analyse different perspectives on legal reasoning; Demonstrate the effective use of practical techniques for solving legal prob-

lems; Apply basic legal writing skills when completing assignments such as essays

and in-class tests; Offer basic reflections on the concept of learning in third level education; Articulate practical, effective approaches to the study of law.

Teaching 2 hours of lectures and 1 hour of seminars per weekin the 1st Semester.

Assessment: Assessed Coursework (1,500 word essay) – 40%Assessed Coursework (2,000 word essay) – 60%

Module Coordinator Prof Mark BellAvailable: All JF Students

Torts: (LA1015) 10 ECTSThis is a standard course designed to provide Freshman students with an introduction to the law of torts. Topics covered include the major torts such as negligence, defamation and nuisance, but also issues such as defences, limitation periods and the interaction between the law of torts and the Constitution.

Learning Outcomes:Having successfully completed this module, students should be able to:

Identify and analyse the key principles underlying the law of tort; Use appropriate legal concepts, relevant judicial precedents and statutory law

to solve concrete practical problems; Explain how tort law seeks to give effect to social policies as well as address is-

sues of personal responsibility; Differentiate between liability for intentional wrongs, negligence and strict li-

ability; Discuss the principles of compensation and their practical application in spe-

cific contexts.

Teaching 3 hours of lectures per week and four hours of seminarsin the 1st Semester.

Assessment: Examination (1 x 2 hour paper) - 75%, Essay - (3,000 words) - 25%

Lecturers: Dr Andrea Mulligan BLErasmus/ Places are limited. Priority will be given to students studying law in their

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Visiting Students home university and are attending Trinity on a law exchange programme. Auditing this module is only possible subject to availability of spaces.

Available: JF Law, Law and Business, Law and Political Science,SF Law and French and Law and German

Contract Law: (LA1204) 10 ECTSContract is one of the core subjects of the common law of obligations. It involves analysis of the legal principles behind the rules relating to the formulation of contracts and the circumstances in which they will not come into existence or in which they cease to be effective.


Engage in sophisticated, creative and critical discussion of common law concepts, both orally and in writing,

Analyse and apply the substantive principles of the law of contract, Appreciate and explain the role of the law of contract in society, Identify contractual issues in disputes, and advise accordingly, and interpret and draft key contractual provisions

Teaching: 3 hours of lectures per week and four hours of seminars inthe 2nd Semester.

Assessment: Essay (2,500 words) - 20%, Examination - 80%Lecturer: Prof. Blanaid Clarke and Dr. Eoin O’DellErasmus/Visiting Students

Places are limited. Priority will be given to students studying law in their home university and are attending Trinity on a law exchange

programme. Auditing this module is only possible subject to availability of spaces.

Available: All JF students

Constitutional Law I: (LA1016) 10 ECTSConstitutional law I introduces students to the study of constitutional law and theory, addressing a number of key doctrines and significant points of debate. The first part of the module addresses a number of constitutional rights, including rights relating to the criminal trial, property and unenumerated rights. The second part of the module addresses the separation of powers under the Irish Constitution, focusing on the limits of and interaction between the legislative, judicial and executive powers of government. The third part of the module addresses the

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overarching issues of constitutional litigation and constitutional interpretation.


Map the basic structure of government in Ireland; Identify, evaluate and critique the role of constitutional law in ensuring re-

spect for human rights and democratic governance; Apply constitutional law concepts and doctrines for the purpose of solving

concrete practical problems; Identify the role which judicial interpretation plays in the development of

constitutional law; Critically analyse the case law interpreting Articles 38, 40 and 43 of the Con-

stitution, articulating a coherent position on the ways in which constitutional law should develop in the future;

Apply critical analysis and problem-solving skills and techniques to different essay and problem-based questions on the implications of the above consti-tutional provisions;

Write convincingly on basic issues in the development of Irish constitutional law, grounding analysis in the constitutional text and decided case.

Teaching 3 hours of lectures per week and four hours of seminars in the1st Semester.

Assessment: Essay (8 pages) - 20%, Webcourse Participation - 5% Examination - 75% (1 x 2 hour paper)

Lecturer: Dr. Oran DoyleErasmus/Visiting Students

Places are limited. Priority will be given to students studying law in their home university and are attending Trinity on a law exchange programme.

Auditing this module is only possible subject to availability of spaces.Available: JF Law, Law and French and Law and German, SF Law and Business, Law and

Political Science

Criminal Law: (LA1203) 10 ECTSThis module is about criminal liability; it is concerned with whether certain acts and conduct performed by a person amounts to that person being guilty of a particular crime. The module accordingly deals with the definitions of criminal offences and defences. Offences are broken down into physical elements (precisely what acts, in terms consequences and conduct, are prohibited?) and mental elements (what intentions must be present in the person’s mind at the time of their act in order for them to be guilty?). The module is also concerned with general principles that apply

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across the board to questions of criminal liability such as the question of what it means to cause something to happen. The basic aspects of the court-based process by which a person can be found to be guilty of a crime and punished are also looked at.


Identify and critically analyse the basic principles of criminal liability and substantive criminal law;

Appraise and evaluate general rules relating to individual governing criminal defences;

Appraise and evaluate specific principles relating to particular categor-ies of offences;

Appraise and evaluate rules and principles regulating different modes of criminal liability;

Apply critical analysis and problem-solving skills and techniques sub-stantive criminal law knowledge to different essay and problem-based criminal law questions

Teaching: 3 hours of lectures per week and 4 seminars in the 2nd SemesterAssessment: Essay (1,500 words) – 10%; Examination – 90%Lecturer: Prof. Ivana BacikErasmus/Visiting Students



Available: JF Law, Law and French and Law and German, SF Law and Business, Law and Political Science

Legislation and Regulation: (LA1231) 10 ECTS This introductory course is designed to give students an insight into the way in which the legal system operates, focusing on elements which either do not directly relate to other legal disciplines, or belong to a legal discipline that students may not encounter for some time. We focus, chiefly, on two things: first, the laws we pass, and secondly the administrative and regulatory agencies that those laws set up. We look at legislation: what it is; how it is made, administer, interpreted, and enforced. . In the regulation part of the course, we look at the reality of day-to-day governance,

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which is not done by elected officials, but by the administrative agents who administer the laws such officials pass. We look at why the regulatory state has thrived and expanded; at how regulatory systems are set up and run; at how they can be made transparent and accountable while still being strong and independent from government. Through this, we hope to teach you to understand the functions and legal structure of contemporary government. This knowledge will serve you well throughout your legal education and your careers.

Learning Outcomes: Having successfully completed this module, students should be able to:

Identify and evaluate the structure of the national government of the Republic of Ireland;

Understand and critically assess the concept of the rule of law; Understand and critically assess the operation of government and the

lawmaking process; Critically assess the role of law as an agent of control, and the ideological

suppositions that underlie lawmaking; Read and interpret legislation; Critically assess the different regulatory systems and the manner in which

they work; Evaluate the roles of the Regulators and their transparency and

accountability.

Teaching 3 hours of lectures per week and four hours of seminars in the 2nd

Semester.Assessment: Coursework: 33.3%

Exam (1 x 2 hour paper): 66.66%Lecturers: Dr. David KennyAvailable: JF Law

Senior Freshman Modules

Land Law: (LA2020) 10 ECTS

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This module introduces the student to the considerable body of common law, equitable principles and legislation which governs the various ways in which land may be acquired, held and alienated. It commences with an analysis of the public law protections for rights in land in the Irish legal system, through the Constitution and the European Convention on Human Rights. It engages in critical reflection on the theoretical rationales for private ownership that underpin and affect land law, and on other perspectives from economics and politics that influence the shape of land law. It considers the evolution of land law through both common law and statute, an understanding of which is fundamental to an appreciation of the complex system in operation in Ireland today. A key focus throughout is the changes wrought to Irish land law by the Land and Conveyancing Law Reform Act 2009. The substantive areas dealt with include the nature of the freehold and leasehold estates in land, co-ownership, the use of land as security, and rights over land (easements and covenants).


Critically reflect on the tensions that underpin and affect land law from theor-etical and policy perspectives;

Engage with the interaction between public and private law rules and stand-ards in the context of land;

Identify and analyse the evolution of land law and the complexities of the sys-tem in Ireland;

Outline the body of common law, equitable principles and legislation govern-ing the ways in which land may be acquired, held and alienated;

Analyse and apply substantive areas in land law.

Teaching 3 hours of lecture per week and 4 seminars in the 1st semesterAssessment: Examination (2 hour paper) – 100%Lecturers: Dr Rachael WalshErasmus/Visiting Students

Places are limited. Priority will be given to students studying law in their home university and are attending Trinity on a law exchange programme.

Auditing this module is only possible subject to availability of spaces.Available: SF Law, Law and French and Law and German,

Law and Business, Law and Political Science

Administrative Law: LA1233 (10 ECTS)This module examines public administration and the role of judicial review of administrative action. The module addresses the position of the administration in separation of powers. The bulk of the module is concerned with the control of

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administrative action through judicial review. It will consider in depth the reach of judicial review and in particular, the main grounds of judicial review. The module will also address judicial review procedures and remedies. Throughout this module, comparisons will be made between the English and Irish case law.

Learning OutcomesAdministrative law in Ireland is primarily judge-made. It is a public law subject and is often concerned with issues that are politically contentious and raise separation of powers concerns. Students will need to develop the ability to navigate the complex tapestry of public law principles that have developed in Irish administrative law jurisprudence.

Having successfully completed this module, students should be able to: Describe and assess the rationale for judicial supervision of administrative ac-

tion. Discuss the substantive case law in a manner that incorporates the principles

and theory of administrative law. Classify and compare the grounds for judicial review. Synthesise and evaluate case law on each of the main grounds of review. Apply the relevant principles and predict legal outcomes in factual situations

Teaching: 3 hours of lectures per week and four hours of seminars in the 1st

Semester.Assessment: Essay (3,000 words) - 25%; Examination (1 x 2 hour paper) - 75%

Lecturer: Prof. Hilary Biehler and Dr. Catherine DonnellyErasmus/Visiting Students:



Restrictions: Students taking this module may not take Family Law (LA3459)Available: SF Law, SS Law and French, Law and German,

and JS/SS Law and Business, Law and Political Science

Constitutional Law II: (LA2345) 10 ECTSThis module examines the following aspects of constitutional law - the guarantees relating to the family and education; freedom of religion; freedom of expression; freedom of association; freedom of assembly; the guarantee of personal rights; the

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guarantee of equality; the guarantee of personal liberty; inviolability of the dwelling; constitutional policy on abortion.


Critically analyse the case law interpreting Articles 40 to 45 of the Constitu-tion, articulating a coherent position on the ways in which constitutional law should develop in the future;

Assess the role of the courts in the protection of constitutional rights; Discuss the philosophical influences on the fundamental rights provisions of

the Constitution; Apply critical analysis and problem-solving skills and techniques to different

essay and problem-based questions on the implications of the above con-stitutional provisions.

Teaching 3 hours of lectures per week and four hours of seminars in the 1st

Semester.Assessment: Essay (2,000 words) – 20% and Examination (1 x 2 hour paper) – 80%Lecturers: Prof. Gerry WhyteAvailable: SF Law, SS Law and French, Law and German,

and JS/SS Law and Business, Law and Political Science

EU Law: (LA2346) 10 ECTS The aim of this course is to provide an introduction to the law and institutions of the European Union, in particular to examine their origins and development. The first part of the course concentrates on constitutional issues, including the workings of the institutions and legal system. The second part of the course examines selected aspects of substantive law, including free movement of goods and persons.


Identify the general principles of European Union Law; Differentiate between the Institutions of the European Union and evaluate

their role in the formulation and application of EU Law;

Explain the relationship between European Union Law and the national law of the EU Member States;

Discuss and appraise key aspects of European Union substantive law.

Teaching 3 hours of lectures per week and 4 seminars in the 2nd Semester.

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Assessment: Examination – 100%Lecturers: Dr. Caoimhin MacMaolain and Prof. Mark BellErasmus/Visiting Students



Restrictions: Students taking this module may not takeLegal Philosophy (LA3441) and Tax Law (LA3468)

Available: SF Law, JS Law and Business, Law and Political Science, SS Law and French and German

Equity: (LA2344) 10 ECTSEquity may be described as that body of rules and principles which was developed by the Court of Chancery in order to mitigate the rigours of the common law. This course examines general principles, the law relating to private and public or charitable trusts and the administration of trusts, focusing on the powers and duties of trustees. It also covers some aspects of equitable remedies such as injunctions and examines the principles relating to proprietary estoppel.


Evaluate the relationship between law and equity; Identify the contribution made by equity and the law of trusts to legal rela-

tionships and commercial situations; Discuss and debate different perspectives on various aspects of the law relat-

ing to trusts of a private and public nature; Use appropriate legal concepts, case law and statute law to analyse and solve

legal problems relating to the use of equitable remedies

Teaching 3 hours of lectures per week and four hours of seminars in the 2nd

Semester.Assessment: Examination (2 hour paper) – 100%Lecturers: Prof. Hilary Biehler

Erasmus/Visiting Students



Available: SF Law, Law and French, Law and German, JS, SS Law and Business, Law and Political Science

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Private Law Remedies: (LA1232) 10 ECTSStudents will already have encountered private law obligations in the Tort (JF), Contract (JF), and Equity (SF) courses. A conceptual understanding of the remedies available to a plaintiff in civil proceedings at Common Law and in Equity to vindicate those obligations is the capstone of private law analysis. This course analyses the remedial goals (such as compensation for loss, punishment for wrongdoing, or restitution of unjust enrichment) underpinning various personal and proprietary remedies available for private law claims arising from tort, breach of contract, unjust enrichment, equitable wrongs, and so on. The substantive issues (such as causation, remotes, damages, proprietary remedies, and so on) will be considered in their own terms, and compared and contrasted across various subject-areas (such as Contract, Tort, Unjust Enrichment, Equity, and so on).


evaluate remedial strategies from a range of theoretical and comparative perspectives,

analyse private law claims at law and in equity to determine the appropriate remedy or remedies, and

advise and advocate accordingly.

Teaching: 3 hours of lectures per week and four hours of seminarsin the 2nd Semester.

Assessment: Examination (1 x 2 hour paper) - 80%; Moot - 20%Lecturers: Dr. Eoin O'DellAvailable: SF Law, Law and French, Law and German,

JS/SS Law and Business, Law and Political Science

Mooting Programme: (LA2011)This programme gives students the opportunity to develop the written and oral advocacy skills which are a central component of any lawyer's training. Students prepare mock cases for appeal before the Supreme Court, arguing on behalf of their clients. Following a series of introductory classes, students undertake one moot on Private Law Remedies in the second term.

Junior /Senior Sophister Law Modules

Advanced EU Law: (LA3444) 10 ECTS This module considers a number of specialist topics in European Union law and is divided into two parts. In Part I, the focus is on 'Market Europe', with two to three topics: Competition Law, and either or both of State Aids and Public Procurement. In

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Part II, the emphasis is on 'Constitutional and Social Europe', and the topics studied are EU Competences,. Human Rights in the EU, and Constitutional Foundations of the EU.


Describe and summarize the most important primary materials on EU Com-petition Law, State Aid, and to a lesser extent Public Procurement law pub-lished by the EU, of which the course manual is composed, such as Treaty Ar-ticles, and the most important Regulations and Directives, official Notices and Vade Mecum

Analyze, breakdown, and interpret those primary materials. Initiation into creating independent authoritative argument and exposition

on the basis of those materials, with the idea and incipient technique and ability of breaking the hold of assumptions of secondary literature by refer-ence to primary materials

Conduct effective and targeted research in case law, legislation and academic legal commentary regarding the EU;

Identify, evaluate and critique different aspects of the evolution and practice of the EU from market to constitutional to social;

Discuss and debate different perspectives on the impact of the EU on citizens and on the nature of the EU;

Apply their understanding of the EU and EU law to concrete practical prob-lems and important contemporary public debates

Teaching: 3 hours of lectures per week and additional seminars in the 2nd

Semester.Assessment: Examination (1 x 2 hour paper) - 100%Lecturers: Dr Diarmuid Rossa Phelan SCPrerequisite: Students have completed EU Law. This module is only available in

the SS year for Law and Business and Law and Political Science students. Law and French/German students may take this module if

they have completed EU at a French/German university.

Clinical Legal Education (LA3478) 10 ECTSThis module offers students an introduction to legal practice, allowing students the opportunity to develop core professional skills essential for a lawyer as well as to gain valuable practical experience in a legal environment. Students will undertake placements in a variety of organisations in the not-for-profit, private and public sectors. Under the supervision of experienced professionals, students will gain first-

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hand experience of legal practice, observing, assisting and participating in the organisations’ work. This gives students an opportunity to apply and develop their legal skills and knowledge in a practical way and to learn from this experience. Students will also attend a lawyering class which will focus on developing students’ professional legal skills, fostering an understanding of legal ethics and more broadly developing students’ understanding of the role of the lawyer in society. Students will give presentations on their experiences and engage in a process of reflection on these experiences, individually and as a group.

Learning OutcomesHaving successfully completed this module, students should be able to:- Understand the range of persons and organisations engaged in legal practice

and their role in the legal system and in society;- Apply core legal skills in a practical context;- Apply legal knowledge in a practical context;- Develop their knowledge and skills through practical experience;- Reflect upon practical experience in order to broaden and deepen their un-

derstanding of the law;- Understand fundamental principles of legal ethics;- Recognise and respond to ethical issues arising in legal practice;- Work effectively in a professional setting and develop skills useful in a wide

range of professional settings.

Teaching: Placements will run for three weeks in September.There will be an introductory session prior to the commencement of placements as well as

classes running alongside the placement.

Lecturer/Co-ordinator: Dr David Fennelly

Restrictions: This module is now closed. Students may only select this module on the module choice form if they

have been informed they have a confirmed place on the module.

Company Law: (LA3446) 10 ECTSThis module deals with the law relating to companies. The subjects covered include the incorporation of companies and the legal consequences of incorporation, the

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constitutional documents of a company, the law relating to corporate capacity, directors' duties and their enforcement; shareholder and creditor protection.


Identify and evaluate the interplay between the legal entity that is the com-pany and the shareholders and directors, as the other organs of the com-pany, in a wide range of situations;

Apply relevant statutory rules and case law to companies in order to analyse and solve legal issues relating to companies;

Discuss and debate different perspectives on various aspects of the law relat-ing to companies including the change in legal approach which occurs when a company runs into financial difficulties.

Teaching 3 hours of lectures per week and additional seminars in the 2nd

Semester.Assessment: Essay (3,000 words) - 25%, Examination (1 x 2 hour paper) - 75%Lecturer: Prof. Blanaid Clarke and Dr. Deirdre AhernPrerequisite: BESS students must have taken LA1240 and LA2012

Corporate Governance: (LA3469) 5 ECTS

The objective of this module is to develop an understanding of the development of corporate governance and its importance to companies and their stakeholders. = The module will investigate the processes of supervision and control within companies (including board composition, board committees and board remuneration) and it will determine the primary aims of these processes. The theory and the reality of share-holder democracy and corporate social responsibility will be analysed. Students will be referred to multidisciplinary academic material particularly from the fields of law and economics, behavioural economics and management theory. The theory will be contextualized and there will be discussions of high profile governance scandals and the corporate governance failings in credit institutions revealed in the wake of finan-cial crises.

Advance reading will be required for each class. This will include seminal scholarly papers, corporate governance codes and regulations.

Learning Outcomes:

Having successfully completed this module, students should be able to:

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Identify and analyse the agency problems that arise in the modern corpora-tion;

Evaluate the various solutions that have been proposed to these problems; Map the connection between the regulatory, legal and economic environ-

ment and corporate governance in different jurisdictions and at different points in history

Discuss and debate issues of corporate social responsibility and the interests of stakeholders

Teaching: 2 hours of lectures per week in the 1st SemesterAssessment: Coursework - 100%Lecturer: Dr. Ailbhe O’Neill

Criminology: (LA3450) 10 ECTS

This course covers the different theoretical perspectives attempting to offer a scientific analysis of crime‚ and the criminal, from classical to contemporary theories. Throughout, different theoretical perspectives are applied to the exercise of criminal justice in an Irish context.


Critically appraise social and political ideas relating to crime and the criminal justice system.

Construct well-sourced arguments on criminological topics using a broad in-ter-disciplinary social sciences approach

Identify and analyse general principles of criminological theories; Appraise and evaluate the development of criminological thought; Map the connections between different strands of theoretical analysis about

crime and punishment; Apply key tenets of criminological theory to analysis of the Irish criminal justice system.

Teaching: 3 hours of lectures in the 1st SemesterAssessment: Essay (5,000 words) -33.33% Examination – 66.66% (1 x 2 hour paper)Lecturer: Prof. Ivana Bacik

Current Issues in Constitutional Law: (LA3477) (5 ECTS) Current Issues in Constitutional Law is a skills based course, designed to promote critical engagement by Sophister students with constitutional issues through close reading of major cases. Such cases, and complementary academic materials, will

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serve as a vehicle for exploring themes that run through constitutional law. The aim of this course is to deepen students’ knowledge and legal skills in constitutional law.

This course will adopt the reading group format, which focuses on collective text analysis and student-led discussion of principles, themes, and impacts of major constitutional decisions. Students are assigned advanced reading, including cases and academic commentaries, with one or two students chosen to deliver a springboard presentation each week, which will catalyse a class discussion on the issues raised by the assigned readings. The lecturers will act as facilitators, contributing opinions and posing questions to tease out additional issues and deeper analysis, but will eschew the ordinary lecture format. Essential to this format is a small group of students. As a result, student numbers will be capped at c. 20 students.

The key materials for the course will be prescribed decisions of the Irish Superior Courts, as well as academic materials on Irish and comparative constitutional law. The course will concentrate on topical issues, incorporating major developments in constitutional law on an on-going basis.

The focus of the course will be on thorough individual reading of major cases and group discussion and analysis, through which the class can collectively explore major themes in constitutional law. The course will enhance students’ research abilities, their critical analysis of legal materials, their legal writing, and their communication skills. It will challenge them to think about constitutional law at both the detailed micro level of discrete problems and the broader macro level of cross-cutting thematic issues.

Learning Outcomes:Having taken this module, students should be able to:

Critically and contextually analyse in detail leading cases in Irish constitutional law;

Competently distil differing judicial positions in contentious judgments, and identify the broader context of those positions;

Present complex constitutional law issues, and judicial reasoning relating to those issues, in a clear and compelling manner;

Coordinate effectively with classmates in preparing presentations; Discuss current constitutional law issues in their political and social context; Critically analyse contextual issues in constitutional law on a thematic basis,

tracking trends and developments over time; Make independent and original contributions to constitutional law discourse;

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Develop an awareness of the political and broader practical implications of constitutional litigation;

Understand the role of the constitutional litigant and litigator in legal prac-tice.

Teaching: 1-2 hours of lectures per week in the 1st Semester.Assessment: Two papers and one presentation - equally weighted.Lecturers: Dr. Rachael WalshRestrictions: Places limited to 20.

Prerequisites:None, students are advised that completing

Constitutional Law II would be an advantage.Restrictions Erasmus/visiting students are not permitted to take this module.

Critical Perspectives on Law: (LA3474) 5 ECTS Doctrinal approaches to law are generally based on certain assumptions about human motivations and behaviour and the structure of society. Many of these grounding assumptions are rooted heavily in particular socio-political ideologies, most commonly those of 19th Century liberalism. Ideas about individual legal rights, justice and public policy have a strong tendency to assume a level of equality of power and opportunity that is wholly absent from the status quo in most developed economies.

The purpose of this module is to equip students to identify and critique the sacred cows of legal doctrine. By examining social context, economic realities and power relationships, the fallacies of many of the founding principles of core legal subjects will be deconstructed and evaluated. Students may ultimately conclude that these founding principles are sound or meritorious; however, whatever their conclusion, the process of critique and defence of fundamental elements of the legal order adds significantly to students’ understanding of the law.

The critique is primarily aimed at the core subjects that students will have studies during their Freshman modules. This ensures that students have sufficient background material. These subjects have also been chosen as they are the basis for the legal education of all professional lawyers in the state in that they are also the core subjects of the FE1 exams and the King’s Inns’ Diploma in Legal Studies.

Learning Outcomes:At the end of this module, students should be able to:

Identify and categorise political and ideological assumptions that have been subsumed into legal doctrine

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Describe and evaluate the appropriateness of grounding principles in the con-temporary socio-economic context

Differentiate the sectoral interest groups that benefit and do not benefit from the legal status quo

Justify and defend principles with which they agree based on full evaluation of their applicability in the practical legal context

Appraise the extent to which the existing corpus of Irish law serves its ostens-ible goals.

Teaching: 1-2 hours of lectures per week in the 2nd Semester.

Assessment:

Response paper 1 (1,500 words) – 45%Response paper 2 (1,500 words) – 45%

Class attendance – 5%Participation in online discussion forum – 5%

Lecturers: Dr. David Kenny and Dr. Alan Brady

Restrictions:Places are limited to 20.

Students taking this module may not takeAdvanced EU Law (LA3444) and Refugee Law (LA3466)

Economic and Legal Aspects of Competition Policy: (LA3452) 10 ECTSThe object of this inter-disciplinary course is to allow students to gain a good understanding of key legal and economic policies underlying EU competition law. The course engages with the competition law rules which prohibit competitors from entering into anti-competitive agreements and which prevent dominant market players from abusing their dominant position at the expense of weaker competitors. The course is examined by final exam (80%) and by an essay (20%). Students have a choice of completing the essay in either a law or economics-related area of competition policy.

The course begins by explaining key legal and economic concepts which are central to Competition policy. The introductory lectures also focus on the impact of Competition law in a business context and on the extra-territorial impact of the EU Competition regime. It goes on to cover areas such as the prohibition on anti-competitive agreements (including cartels) in Article 101 TFEU and the prohibition on abuse of a dominant position in Article 102 TFEU. The course also examines the public enforcement by the European Commission and the national competition authorities of EU Competition law (under Council Regulation 1/2003). The course concludes with an examination of the 2004 Merger Control Regulation, and the extent to which it regulates market structure and behaviour in situations in which two or more formerly independent commercial companies/entities wish to unite.

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Recommended introductory reading: Goyder’s EC Competition Law (5th edition, Oxford University Press, 2009) and Jones and Sufrin, EU Competition Law (Oxford University Press, 5th edition, 2014).


Identify, evaluate and critique the key legal and economic principles un-derlying competition policy Locate competition policy within national and EU legal and economic con-

texts Understand the salient elements of the principles governing anti-competitive

agreements and practices, market abuses perpetrated by dominant players and merger control respectively. Apply critical analysis and problem-solving skills and techniques to differ-

ent essay topics and seminar questions based on material covered in the module Map the relationship between competition policy and the business world,

as well as understanding how the effective implementation of such a policy can reap major benefits for consumers in the marketplace

Teaching: 3 hours of lectures per week and additional seminars in the 1st SemesterAssessment: Essay (5,000) - 25%, Examination (1 x 2 hour paper) - 75%Lecturers: Mr. Alex Schuster and Prof. Francis O'Toole (Economics)

English Land Law: (LA3471) 10 ECTSThis module grounds students in the major principles of English land law, with particular attention paid to those areas where English land law differs from Irish land law. It builds upon the foundational work done in Land Law by deepening students’ conceptual understanding of property as an institution, and of the competing policy goals that affect its development, particularly through statutory reform. It also seeks to improve students’ critical understanding of land law, and in particular of the interface between public and private law in the context of land.

The course begins with an exploration of the impact of the Human Rights Act 1998 on English land law The course will address the Act itself, the debate about impact that it generated amongst academics, and the evolving jurisprudence on the human rights implications of land law emanating from the courts in Strasbourg and England. In particular, the interaction between European human rights principles and English private law principles, and the dialogue it has prompted between the European Court of Human Rights and the English Supreme Court, will be critically assessed.

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The course then turns to consider foundational aspects of English land law. It considers the historical evolution of English land law, the impact of equity, and the understanding of ownership that it instantiates. In particular, the boundary between property rights and personal rights is critically assessed, and relativity of title in English land law is explored through the prism of the law of finders. The course then addresses the various estates in land recognised in English law and their key incidents, including detailed study of the leasehold estate and the option of holding freehold estates as commonhold, under the Commonhold and Leasehold Reform Act 2002. The law relating to trusts and co-ownership is explored, particularly the changes introduced by Trusts of Land and Appointment of Trustees Act 1996. The course then turns to consider the law relating to mortgages, easements and covenants, and the doctrine of adverse possession.

A central focus throughout is the land registration system in England, and the priority rules arising out of that registration system. Students will be continuously exposed to the consequences of registration for dealings in relation to land, and to the divergent rules that apply to registered and unregistered estates and interests in land in the various topics covered in the course.


Deconstruct reforms in English land law to understand their policy goals and their strengths/weaknesses in achieving such goals;

Identify and assess the principal differences between English and Irish land law;

Apply the rules of English land law to solve complex problems in relation to both registered and unregistered land;

Analyse the pros and cons of a comprehensive land registration system and evaluate its impact on dealings with land;

Locate the rules of English land law within domestic and international human rights contexts;

Identify and evaluate the range of remedies available in land law disputes; Apply critical analysis and problem-solving skills and techniques to different

essay and problem based exam questions on English land law.

Teaching:3 hours of lectures per week and additional seminars in the 2nd

semesterAssessment: Examination (1 x 2 hour paper) – 100%.Lecturer: Mr. Alan O'Connor BL

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Restrictions:Students may not take International Human Rights Law

(LA3428)

Environmental Law: (LA3453) 10 ECTSEnvironmental law expertise is traditionally considered useful if it helps a manager manoeuvre myriad rules and regulations, or if it helps an environmentalist combat industrialisation. Further, there is a concentration on either local or international or regional law. This module rejects an either-or approach, and wishes to convey that environmental law cuts across and within legal systems, fields of law, vested interests and disciplinary boundaries. At the same time, it aims to assist students with negotiating this complexity by concentrating on common principles, illustrated through case studies. Notably, the precautionary principle and the polluter-pays principle are examined. Such principles, in turn, prompt an analysis of the use of property rights in managing and dealing with environmental problems. Property rights doubles up as a useful lens in appreciating questions pertaining to land use. The module requires students to discuss and debate theoretical nuance and practical application. Given that climate change has become a distinct and inescapable legal concern, special attention is given to the practice and theory of climate law. This includes understanding the unique nature of international climate law, existing instruments of mitigation such as the European Union Emissions Trading System and climate battles fought in courts.


Appraise the prevalence of environmental law in individual, commercial and governmental activities

Interrogate core concepts that inform environmental law Identify relevant approaches to environmental concerns and remedies of-

fered by other fields of public and private law such as constitutional law, hu-man rights law, property law and tort law

Critically evaluate similarities and differences in environmental law within and between legal systems

The Assessment is divided into three components: 1. Review (25%): Students review a book or an institutional report or a regula-

tion or prepare a case note. Should a student wish to review any other media output such as a film, then prior approval is required.

2. Project (25%) + Oral Assessment (25%): Students work in groups and ‘deep dive’ on a topic. Engagement with organisations such as companies, NGOs, regulators is encouraged in preparing the project. Within the group project, individual contributions are assessed (25%). As verbal communication is im-portant, students are assessed on oral presentation and response (25%).

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Problem-based Test (25%): There is an in-class problem-based test.

Teaching: 3 hours of lectures per week in the 2nd Semester.Assessment: Review – 25%

Project – 50%Problem-based assessment – 25%

Lecturer: Suryapratim Roy

Equality Law: (LA3481) 10 ECTS Equality features regularly in debate on law and public policy. Contemporary examples include access to marriage for same-sex couples; women’s representation in company boardrooms or politics; restrictions on wearing religious symbols/clothing; or stigma and discrimination linked to mental health. The legal issues that arise cut across public and private law, and frequently entail interaction with European and international legal instruments.

This module provides an opportunity for students to examine the emerging field of Equality Law from a national, international and comparative perspective. The module will introduce students to the legal framework on equality found in Irish Law and European Law (EU and ECHR).

There are no pre-requisites for taking this module. The aims are:1. To introduce the domestic and European legal frameworks on equality.2. To examine the theoretical and conceptual framework underpinning

Course Content The course will provide students with an introduction to the legal frameworks governing equality law in Ireland, including the law of the European Union and Council of Europe. Having established this framework, the module will then consider the theoretical and conceptual components of equality law. It will examine debates on the meaning of equality (e.g. formal v substantive), and the building blocks of equality law (e.g. direct discrimination, indirect discrimination, reasonable accommodation, positive/affirmative action). The module will also explore the list of protected characteristics and how these have evolved (and expanded) over time.

Learning OutcomesOn successful completion of this module, students will be able to:

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outline the basic concepts found within equality law; critically evaluate the current law and options for its reform; demonstrate written communication skills; apply analytical and problem-solving skills to hypothetical case studies relat-

ing to equality law.

Methods of Teaching and Student Learning The teaching strategy is a based on three hours of weekly lectures. These will be composed of lecture-style presentations by the module convenor, but combined with opportunities for more interactive activities. This draw upon ‘flipped classroom’ techniques, including exercises in problem-solving via hypothetical case studies.

Teaching: 3 hours of lectures per week in the 2nd Semester.Assessment: Examination (1 x 1.5 hour paper) – 50% and Essay (4,000 words) – 50%Lecturer: Prof. Mark Bell

European Human Rights Law: (LA3436) 10 ECTS This course is divided in two parts. The first part of the course will focus on the regional human rights regime established by European Convention on Human Rights and Fundamental Freedoms. In addition to a general discussion of practice and procedure under the ECHR, case law concerning substantive rights, such as the prohibition against torture and inhuman or degrading treatment or punishment, the right to respect for private and family life, the right to freedom of religion, and the right to freedom of expression, will be analysed in-depth. In the second part of the course, specific questions related to the protection of human rights in Europe will be addressed, such as protection of socio-economic rights and protection of human rights in the context of terrorism. This part of the course will draw upon experience outside Europe to analyse European responses.


Conduct effective and targeted research in case law and academic legal commentary regarding the protection of human rights pursuant to the European Convention on Human Rights;

Identify, evaluate and critique the evolution of human rights pursuant to the European Convention on Human Rights;

Discuss and debate the moral, theoretical and ethical assumptions underpinning human rights;

Apply the law and theory of human rights to concrete practical problems and

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to the challenge of ensuring effective implementation and protection of human rights.

Teaching: 3 hours of lectures per week in the 1st Semester.Assessment: Examination 90% (1 x 2 hour paper), webcourse (10%)Lecturer: Dr. Catherine Donnelly

Evidence: (LA3458) 10 ECTSThis module is designed to provide Sophister students with a foundation in the law of evidence in Ireland with particular emphasis on criminal evidence and procedure. Topics covered include: the examination of witnesses, evidentiary privileges and confession evidence. The influence of the Constitution and the European Convention on Human Rights in shaping the law of evidence is a theme running through the module.


Outline the role of evidence in the trial process; Identify and evaluate the different forms of evidence and the manner in

which they are gathered and presented; Conduct effective research on the law of evidence at national and interna-

tional levels; Locate the law of evidence within constitutional and human rights contexts; Identify and critically analyse evidentiary concepts, doctrines and rules both

orally and in writing; Apply evidentiary concepts, doctrines and rules in practical settings to resolve

hypothetical fact scenarios; Discuss and debate different perspectives on evidentiary law and policy and

formulate proposals for reform.

Teaching:3 hours of lectures per week and additional seminars in the 1st

SemesterAssessment: Essay (3,500 words) - 25% and Examination - 75% (1 x 2 hour paper)Lecturer: Prof. Liz Heffernan

Family Law: (LA3459) 10 ECTSThis course is designed to give the student an understanding of the basic principles and procedures which apply in the context of Family law, as well as an awareness of the social context of the subject. Policies underlying family law are analysed, the effectiveness of present procedures is assessed, and the relationship between

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traditional legal remedies and other forms of social support is examined. Topics covered include formation of marriage, nullity, judicial separation, divorce, family property and maintenance. Domestic violence, the rights of cohabitees, and related social issues, such as social welfare and family support systems, will also be considered.


Identify and evaluate the law relating to families in Ireland in the light of the Constitution, the domestic legal framework as well as international human rights law.

Debate and discuss the policy which shapes and informs family law in Ireland. Apply critical analysis and problem-solving skills and techniques to different

essay and problem-based family law questions.

Teaching: 3 hours of lectures per week in the 1st Semester.

Assessment:Essay (3,000 words) – 33.33%, Examination (1 x 2 hour paper) –

66.66%Lecturer: Dr. Patricia BrazilRestrictions: Students taking this module may not take Administrative law

(LA1233/LA3480) or Media Law (LA3472)

Feminist Theories of Law (LAXXXX) 5 ECTSThis course aims to provide an understanding of feminist theories, and how these theories may be applied to law and legal systems. Different strands within feminist jurisprudence are analysed, and a feminist critique applied to the legal concept of equality, and to issues of reproductive rights, family, employment and criminal law. The module involves a broad inter-disciplinary approach which includes aspects of sociology, political theory and philosophy as well as law. Classes each week will take the form of relatively informal seminars. Students will be expected to have done the prescribed reading, to present readings to the class where requested, and to parti-cipate in class discussions.

Learning Outcomes:Upon successfully completing this module, students should be able to:

Critically appraise feminist jurisprudence and theories of law; Construct well-sourced arguments relating to the concept of equality using a

broad inter-disciplinary socio-legal approach; Analyse and evaluate a range of relevant legal areas from different feminist

theoretical perspectives, including:

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o reproductive rights law and policy; o family and property law;o employment equality law; o criminal law;

Apply a research-based social sciences approach to discussion and analysis of feminist legal theories.

Teaching: 1.5 hours of lectures per week in the 1st Semester.Assessment: Essay – 100%Lecturer: Prof. Ivana BacikRestrictions: Places limited to 20.

Food Law: (LA3437) 10 ECTSThis module examines the increasingly important area of Food Law. The focus is primarily on European Union rules in this area, as it is from here that most of our food law now emanates. The course will commence with a re-examination of EU rules on free movement for goods, with emphasis on the movement of food. Food safety has also become a priority for the EU lawmaker, in particular following a series of scares such as those about ‘mad cow disease’ (BSE), bird ‘flu and dioxins in pork. Other topics covered by this module include genetic modification, organic food regulation, intellectual property rights, animal welfare, food labelling and emergencies.


Identify the key sources of Irish Food Law; Categorise the main areas of Food Law and assess the most significant rules

and regulations in each; Appraise the manner in which the production and marketing of food is regu-

lated; Analyse the interaction between Food Law and human behaviour; Assess the impact of other disciplines on the formulation of Food Law.

Teaching: 3 hours of lectures per week in the 2nd Semester.Assessment: Examination – 100% (1 x 2 hour paper)Lecturer: Dr. Caoimhin MacMaolain

IT Law: (LA4011) 10 ECTSFrom your email account and behaviour online to your smart watch or wearable

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fitness-monitoring device, information technology is changing our lives in significant ways and the laws that govern it are increasingly important. This module will introduce you to the range of technologies out there, some of which may be familiar and some perhaps less so. Together we will explore the various ways that industry and governments are collecting, storing, sharing, and monetising data about our lives. We will consider how the law is evolving to meet the challenges raised by information technology. We will look at a wide range of topics, which time permitting will include: the rise of wearable devices and the Internet of Things; online DNA tests; smart computing systems; online contracts; artificial intelligence; and internet governance. We will also touch upon computer crime, considering computer misuse and hacking offences.

We will also consider issues around responsible innovation and how to appropriately regulate these technologies. This will include discussion of the issues of data protection and security, but also introduce you to a wider debate about the meaning of technological innovation and whether citizens should have the right to reject adoption of certain technologies.

The module will be assessed through coursework. The research essay is the main means of assessment and students will be required to choose a topic during the first fortnight of the module (by the 3rd of February) and then they will have the option of submitting a draft essay for feedback after the study week (drafts are due March 6th at the latest). The final essay will be due on the 13th of April.

Learning Outcomes:Students successfully completing this module should be able to:

Understand and evaluate a range of legal issues arising from new digital technologies

Identify social and ethical issues arising from the variety of uses to which specific new digital technologies may be put

Evaluate the role of Irish regulators in this context Demonstrate familiarity with issues concerned with responsible innovation

and regulation Demonstrate familiarity with the research tools and the materials through

which they can deepen their knowledge of specific aspects of information technology law

Hone their research skills through their coursework – students will have the opportunity to explore their chosen topics in depth

Teaching: 3 hours of lectures per week in the 2nd Semester.Assessment: Coursework -

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Class participation -10 % Essay (6,000 words on an agreed topic with the lecturer) - 90%

Lecturer: Dr. Andelka Phillips

Intellectual Property Law: (LA3460) 10 ECTSIntellectual property law constitutes an increasingly important and wide bundle of rules aimed at fostering and rewarding human creativity and technological innovation and at protecting investments and goodwill in business-related activities. This body of law has traditionally embraced copyright, patents, trademarks, passing off, designs, plant varieties, trade secrets and confidential information. The domain of intellectual property has grown considerably in the last decades through the extension of the scope of existing rights for the protection of new assets, works and technologies (e.g. Internet domain names, computer programs, biotechnologies) and through the creation of new types of rights (e.g. industrial designs, database rights, access rights for digital content). The module examines the social and economic justifications for intellectual property rights, as well as their multi-layer regulation. The module provides an overview of the Irish, EU and international legislation relating to these matters and critically evaluates the policies and goals which underlie the most relevant forms of today's intellectual property. It will be emphasised that, even if the idea of multi-level regulation of intellectual property goes back to the end of the 19th century (when the first international conventions on patent and copyright protection started harmonizing national laws and creating obligations for national law-makers), intellectual property rights and their enforcement have been globalised more effectively as of the establishment in 1994 of the World Trade Organisation (WTO) and the related adoption of an international agreement on Trade Related Aspects of Intellectual Property Rights, known as ‘TRIPS’. In particular, the module examines the most important provisions of the TRIPS Agreement and the intellectual property models that this agreement incorporates and imposes on a global scale as well as the EU regulations and directives that harmonized (or even unified, in certain cases) national sub-systems like the Irish one.

Learning Outcomes:Students successfully completing this module should be able to:

Appraise and evaluate the social and economic justifications for intellectual property rights.

Identify and analyse how intellectual property rights are protected and com-mercially exploited, in both offline and online environments.

Demonstrate an understanding of the implications of international conven-tions and the most important EU legislative measures, from both a trade-re-

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lated and non-market perspective. Evaluate Ireland’s obligations in this field, at both international and EU level. Identify legal issues in complex cases and argue either side of the arguments

raised by the parties involved; Demonstrate familiarity with the research tools and the materials through

which they can deepen their knowledge of specific aspects of intellectual property law.

Teaching: 3 hours of lectures per week in the 2nd Semester

Assessment:Coursework (Presentation, class discussions, VLE engagement) - 20%,

Mid-term response paper - 30%Essay (5,000 words) - 50%

Lecturer: Dr. Giuseppe Mazziotti

International Human Rights: (LA3428) 10 ECTSThis course examines the foundations and development of international human rights law. It considers the historical, political and legal context from which the current framework for human rights has emerged and analyses the international and regional instruments and mechanisms for monitoring and enforcing human rights. Select case studies explore the complex interplay between law and policy and the role of international and national actors in responding to human rights violations. Lectures will highlight the central debates surrounding, and shaping, the evolution of international human rights norms, legal instruments and state and non-governmental practices, as well as the current trends and challenges in advancing human rights protection in a diverse and dynamic community of nations.


Identify and describe the essential characteristics of the international human rights regime;

Debate different theoretical and cultural perspectives on the foundations of international human rights;

Discuss and evaluate the interaction between different international mechanisms for the enforcement of human rights;

Apply concepts, doctrines and rules to practical human rights challenges to resolve hypothetical fact scenarios;

Successfully complete substantial independent research into a particular aspect of international human rights.

Teaching:3 hours of lectures per week and additional seminars

in the 2nd Semester

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Assessment: Examination - 100% (1 x 2 hour paper)Lecturer: Dr. Rosemary ByrneRestrictions: Students taking this module may not take English Land Law

(LA3472)

International Trade Law: (LA3462) 5 ECTSThis module examines the key rules and agreements governing the operations of the World Trade Organisation (WTO). It provides an introduction to the regulation of international trade by identifying and assessing the impact that these international agreements have on the national laws of members and the functioning of regional trade areas, such as the European Union. Emphasis is also placed upon the manner in which the WTO aims to further integrate developing countries into the global trading system and the resolution of trade disputes at the international level.


Explain the operations and functions of the World Trade Organisation; Appraise the role of the World Trade Organisation in the regulation of inter-

national trade; Evaluate the impact of regulating international trade on global development; Analyse the methods used for resolving international trade disputes; Describe the relationship between the World Trade Organisation and regional

free-trade areas, such as the EU.

Teaching: 1-2 hours of lectures per week in the 1st Semester.Assessment: Essay (5,000 words) - 100%Lecturer: Dr. Caoimhin MacMaolain

Jurisprudence: (LA3463) 10 ECTSThe primary objective of this module is to facilitate students in the formulation of their own, critically aware, understanding of the nature of law and legal argument. By the end of the module, students should be able to articulate a reasoned position on the distinctive features of law and a legal system and on questions such as the relationship between law and morality, law’s legitimacy and function in a social order. The socratic method is used and students must read certain assigned material before each class. Among the theorists studied are HLA Hart and John Finnis.


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Formulate their own, critically aware, position on jurisprudential issues; Critically analyse primary texts of a philosophical character; Interrogate various connections between law and morality; Appraise critically the contributions to legal thought of the theorists covered

during the module; Explore connections between jurisprudential theories and legal doctrinal

issues;

Teaching: 3 hours of lectures per week and additional seminars in the 1st Semester.

Assessment:Web and class participation - 10%, Essay - 30% and

Examination (1 x 2 hour paper) - 60%Lecturer: Dr. David Prendergast

Legal Philosophy: (LA3441) 5 ECTS This is an advanced module which may only be undertaken by students who have already completed jurisprudence. The module takes a thematic approach to legal philosophy. Among the themes which may be addressed are the following: the Rule of Law; the role of morality in the identification of law; the role of morality in legal interpretation; law and liberty; methods of reasoning. There is a heavy emphasis on coursework and active participation in the classes. There is a heavy emphasis on coursework and active participation in the classes.


Formulate their own, critically aware, position on contemporary issues of legal philosophy;

Critically analyse primary and advanced texts of a philosophical character; Appraise the value of concepts such as the rule of the law and liberty ; Interrogate the boundaries of legal positivism and natural law theory Identify in what circumstances (if any) a person is under an obligation to obey

the law;

Teaching: 1½ hours of lectures per week in the 2nd Semester.Assessment: Response paper (1200 words) – 30%

Essay (2500 words) – 50%Class and web participation – 20%

Lecturer: Dr. David PrendergastPrerequisites: Jurisprudence. Students who have completed a jurisprudence module in

another university should consult with the module lecturers to ascertain for themselves whether this module is appropriate for them

Restrictions: Students taking this module may not take

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EU Law (LA2346) or Tax Law (LA3468)

Media Law: (LA3472) 10 ECTSThis course will consider both the theoretical and practical questions which arise in this evolving area of the law. Initially, the course will examine the role of the media in a constitutional democracy. The constitutional protection of the media in Ireland will be compared with similar regimes in other jurisdictions with particular emphasis on the jurisprudence of the European Convention of Human Rights. The course will then address a number of specific areas of media law. Lectures will deal with topics such as privacy, contempt of court, the protection of journalistic sources, obscenity, blasphemy, and the regulatory regimes in Ireland and in the EU. Throughout the course, lectures will explore the issues raised by the rise of new media forms like the internet.

Learning OutcomesOn successful completion of this module students should be able to:

Critically assess how the law regulates the operation of the media in Ireland and across Europe;

Explain the salient elements of Irish media law; Evaluate the emerging developments in media law and regulation, including

the use of non-legal governance; Apply critical analysis and problem-solving skills and techniques to different

essay and problem questions based on material covered in the module; Conduct research into developing areas of media law and practice.

Teaching: 3 hours of lectures per week in the 1st Semester

Assessment: Essay (5,000 words) - 20% and Examination - 80% (1 x 2hour paper)

Lecturer: Dr. Ailbhe O’Neill

Restrictions: Students taking this module may not take Family Law (LA3459) or Administrative law (LA3480)

Penology: (LA3470) 5 ECTSPenology involves the study of how the state punishes those who have been convicted of offences. The subject covers the interlocking issues of sentencing, prison and non-custodial punishments. The overarching theme of the module is the use of state power against individuals who are deemed to have violated society’s norms. The module will equip students to take an in-depth look at the penal system and evaluate why when and how and it is legitimate for the state to punish its

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citizens. The module will take a practical look at the bureaucracy of punishment, in particular sentencing courts and prisons. Students will examine the contemporary problems with these institutions and evaluate the ongoing penal reform agenda. Penology involves a broad inter-disciplinary approach which includes aspects of sociology, political theory and philosophy as well as law. It is closely related to criminology, and is in some ways a sub-set of criminology. Students are not required to take the first semester module in criminology, however, penology and criminology are natural partner-courses and students who study both will find that they inform one another.

Learning Outcomes:Upon successfully completing this module, students should be able to:

Critically appraise social and political ideas relating to state punishment of offenders

Construct well-sourced arguments relating to sentencing and prison using a broad inter-disciplinary social sciences approach

Analyse and evaluate the workings of the Irish penal system Apply a research-based social sciences approach to the phenomenon of state

punishment. Identify, describe and evaluate proposals for reform of the Irish penal system.

Teaching: 1½ hours of lectures per week in the 2nd Semester.Assessment: Essay (5,000 words) - 100%Lecturer: Dr. Mary Rogan

Public Interest Law: (LA3435) 10 ECTSPublic Interest Law can be defined as 'the use of litigation and public advocacy to advance the cause of minority or disadvantaged groups and individuals.' The course examines the use of litigation to promote social inclusion. In Part A, we consider the definition and history of Public Interest Law and the issue of access to legal services; In Part B, we consider a number of issues relating specifically to the use of litigation, namely, the constitutional and political legitimacy of public interest litigation; the implications of Public Interest Law for court practice and procedures; and the merits and demerits of litigation strategy. In Part C, we consider selected areas of substantive law such as social welfare law, Travellers' rights, and children's rights in an evaluation of the role of the Irish courts in promoting social inclusion.


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Critically assess how the legal system may promote social and political re-form, having regard, in particular, to the relationship between the political and legal systems;

Describe how the Irish courts have dealt with legal claims pursued by people with learning difficulties, children from dysfunctional families, members of the Traveller community and social welfare claimants;

Describe the different models for delivering legal services to marginalised communities and the different types of service provided;

Conduct research into substantive and adjectival areas of the law relating to social exclusion.

Teaching: 3 hours of lectures per week in the 1st SemesterAssessment: Essay (4,000 words) – 25% and Examination – 75% (1 x 2 hour paper)Lecturer: Prof. Gerry Whyte

Public International Law: (LA3439) 10 ECTSThis module is designed to provide students with knowledge of the main concepts, principles, processes and rules of public international law as well as a more in-depth knowledge of selected areas of the law. Topics are considered under 3 headings. Part 1 deals with fundamental legal concepts and processes, including international legal personality, the sources of the law and recognition. Basic principles and the rules associated with them are addressed in Part 2. Finally, the rights and duties of the individual under what is essentially a state-based system of law are examined in Part 3. Practical examples of the operation of the law, many of them relating to contemporary events, are given throughout.

Learning Outcomes:Upon completion of this module, students should be able to:

Identify the main concepts, principles and processes in the field of public in-ternational law;

Demonstrate a sound knowledge of the rules applicable in core areas of the law, such as state sovereignty, the peaceful settlement of international dis-putes, the use of force, international organisations and self-determination;

Analyse international affairs from the perspective of public international law; Describe in some detail the place of the individual within the international le-

gal system; Explain the nature of public international law and the role it plays in the con-

duct of world affairs.

Teaching: 3 hours of lectures per week and additional seminars in the 1st

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SemesterAssessment: Examination - 100% (1 x 2 hour paper)Lecturer: Dr Rosemary Byrne

Refugee Law (LA3466) 10 ECTS The aims of this course are to outline the law relating to refugees and immigration in Ireland in the light of EU membership and international human rights law, to develop a critical understanding of the policy behind refugee and immigration law, and to develop a practical understanding of the implications of refugee and immigration law. The course is divided into three parts, Part I dealing with the International Framework for Refugee Protection, Part II addresses the European dimension and Part III considers the Irish framework on refugee and immigration law. Topics covered include Principles and Key Concepts in Refugee Protection, the Convention Relating to Status of Refugees 1951, Alternative Forms and Instruments of Protection, the Evolving EU Acquis on Asylum, European Refugee Protection: Practices and Policies, The Refugee in Irish Law, Citizenship and Naturalisation in Irish law and Immigration Law in Ireland.

Learning Outcomes:

Having successfully completed this module, students should be able to:

Identify and evaluate the law relating to refugees in Ireland in the light of international human rights law, membership of the European Union and the domestic legal framework;

Critically analyse the policy behind refugee law in the domestic and international spheres;

Apply critical analysis and problem-solving skills and techniques to different essay and problem-based refugee law questions.

Teaching: 3 hours of lectures per week in the 2nd SemesterAssessment: Examination - 100% (1 x 2 hour paper)Lecturer: Dr Patricia Brazil

Restrictions:Students may not take Advance EU Law (LA3444) or Critical

Perspectives on Law (LA3474) if taking this module

Tax Law: (LA3468) 10 ECTSThis module considers the sources of Irish tax law and the increasing impact of Community law obligations upon domestic law in the context of both direct and indirect taxes. The module also considers international tax issues and the question of

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jurisdiction to impose taxation. The module goes on to consider the administrative framework pertaining to domestic taxation and the question of appeals. The module examines key concepts of domestic tax law with particular reference to income tax.


Identify and discuss the sources of Irish tax law; Critically evaluate the impact of Community law obligations on domestic tax

law; Discuss international tax law issues and the jurisdiction of the State to impose

taxation; Identify and discuss taxpayers’ rights of appeal; Discuss and apply key concepts of domestic tax law with reference to specific

fact scenarios.

Teaching: 3 hours of lectures per week in the 2nd SemesterAssessment: Examination - 100% (1 x 2 hour paper)Lecturer: Mr. Niall O'HanlonRestrictions: Students may not take EU Law (LA2346) or Legal Philosophy (LA3441) if

taking this module

Research Dissertation: (LA3451) (Senior Sophister Option) 10 ECTSSenior sophister students may choose to complete a research dissertation under the supervision of a member of the Law School staff. The subject of the dissertation may be chosen by the student but must be approved by the Director of the LL.B. Dissertation programme. The aim of this option is to encourage students to engage in largely self-directed research and writing leading to the completion of an analytical and critical piece of research. The maximum word limit is 13,000 words. Dissertations must be submitted by the end of the first week in Hilary Term.

Learning Outcomes:Having completed this module, students should be able to:

Complete a substantial dissertation based on independent, largely self direc-ted research;

Work effectively under the guidance of a research supervisor; Conduct effective and targeted research of the full range of primary and sec-

ondary legal sources on a particular topic; Critically assess in writing legal theories, concepts and doctrines; Discuss and critique in writing different perspectives on law and policy; Determine the scope and structure of a research project and establish a vi-

able research plan;

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Identify, discuss and debate various research methodologies; Incorporate comparative and multidisciplinary perspectives where appropri-

ate.

Assessment:Dissertation, submitted by the first Friday of teaching week in the 2nd

SemesterCoordinator: Dr. Deirdre Ahern

FRENCH LAW MODULES(AVAILABLE TO LAW AND FRENCH STUDENTS ONLY)

French Constitutional Law I – Constitutional History and Theory: LA1022 5 ECTSThis module provides students’ first introduction to French constitutional law. It equips students with the theoretical framework which will subsequently enable

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them to understand and analyse the choices made in contemporary French constitutional law. This first module introduces key terms, concepts and ideas relating to constitutional law and constitutionalism. Key ideas addressed include the separation of powers, democracy, rule of law, the hierarchy of norms and the legitimacy of power. These concepts are examined in the light of French constitutional history, beginning with the insights of influential enlightenment philosophers prior to the French Revolution. The module traces and evaluates France’s remarkable pattern of experimentation with different approaches to constitutional law, from the end of the Ancien Régime to the beginning of the Fifth Republic, in order to allow students to evaluate the practical application as well as the theoretical merits of the philosophical ideas discussed.The module is taught through French in an interactive classroom setting of approximately 18 students. Students are expected actively to participate in class as well as completing homeworks as set, conducting independent study and completing assignments.


Identify and explain the key ideas and principles which inform constitutional law Relate the constitutional choices made by different French regimes to the ideas and values underpinning them Critically assess and debate constitutional ideas and approaches in the light of both constitutional theory and their historical evolution in France Comprehend and summarise law lectures delivered through French Develop and use French legal vocabulary appropriately Apply French language skills to participate in oral class discussion of constitu-tional law and theory Locate, understand and synthesise relevant materials available in course ma-terials, online and in textbooks in the library Research and write short original assignments in French on French constitu-tional history and thought Incorporate comparative law perspectives and perspectives relating to French society and the French legal system with analysis of French constitutional history

Teaching: 2 hours of lectures per week in Michaelmas Term

Assessment: 1 hour examination (50%) and individual essay (50%)

Lecturer: Dr Kouroch Bellis

French Constitutional Law II – The Fifth Republic: (LA1021) 5 ECTS

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This module involves a detailed study of modern French constitutional law under the Fifth Republic. It explores and analyses the rules established by the Constitution of 1958 as manifestations of the major choices and themes of substantive French Constitutional law. Particular attention is paid to the specificities of the current French constitutional regime. Specific topics include the fundamental principles of the Fifth Republic, the organs of government, the legislative process, the revision of the constitution and the constitutionality of laws. Important themes such as the separation of powers, the nature of democracy and the hierarchy of norms, first introduced in French Constitutional Law I, are applied to the analysis of the Fifth Republic in French Constitutional Law II. Building on the conceptual understanding developed in the previous module, this module furnishes students with an understanding of contemporary French public law in preparation for their Junior Sophister year at a French university.

The module is taught through French in an interactive classroom setting of approximately 18 students. Students are expected actively to participate in class as well as completing homeworks as set, conducting independent study and completing assignments.


Identify and explain the key principles and rules of modern French constitutional law under the Fifth Republic

Make connections between different specific constitutional rules and larger theoretical issues and themes

Critically assess and debate current constitutional rules, choices and principles in the light of constitutional theory and their historical evo-lution

Compare and contrast the constitutional law of the Fifth Republic with other constitutional systems existing in history or in other jurisdictions

Apply French language skills to participate in oral class discussion of substantive French constitutional law

Comprehend and summarise law lectures delivered through French Develop and use French legal vocabulary appropriately Investigate topics in French constitutional law, including using the

French law textbooks available in the library to research specific ques-tions

Incorporate comparative law perspectives and perspectives relating to French society and the French legal system to analysis of contempo-rary French constitutional law

Teaching: 2 hours of lectures in Hilary Term

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Assessment: 1 hour written examination (50%) and individual oral presentation (50%)


French Legal System (LA1018) (5 ECTS)This module, taught through French, introduces Law and French students to the French legal system and its specificities. It addresses theoretical questions as to the French conception of law, as well as more practical topics such as the definition of legal rules in the French civil law tradition, the branches of law, the sources of law, the role of the judiciary and the authority of legal decisions, the courts structure, the legal profession and the trial.


Comprehend and summarise law lectures delivered through French Use relevant legal terminology appropriately Participate in discussions relating to the French legal system through French Identify and explain the key principles and rules governing the French legal

system Critically assess the principles underpinning the French legal system Discuss and debate topical legal issues Compare and contrast the French and Irish legal systems

Teaching: 90 mins of lectures per week in Hilary Term

Assessment: Continuous Assessment (30%: MCQ and short answer questions) and Examination (70%: Oral exam)

Lecturer: Dr Sarah Arduin

French Civil Law I – Foundations of Private law (LA1207) 5 ECTS: This module introduces students to the study of French private law, concentrating in particular on the French Civil Code. It is designed both to deepen students’ understanding of the French legal system and to equip participants with the foundation of knowledge and skills necessary for the study of French private law during their Junior Sophister year in France. The module explores the principles underpinning the French legal system, including topics such as the Civil Code in historical context, codification, sources of law and the fundamental principles

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reflected in the Code. The module also features an introduction to French property law, including the classification of property, the nature and extent of ownership, possession, the acquisition of property and legal remedies to defend property rights.

This module is taught through French in an interactive classroom setting of approximately 18 students. Students are expected actively to participate in class as well as completing homeworks as set, conducting independent study and completing assignments.


Identify and explain the key principles and rules underpinning modern French civil law

Explain the principles and philosophies which influence these legal rules

Outline the historical context for codification in France Engage in a sophisticated discussion of civilian legal systems Critically analyse and evaluate the French Civil Code Evaluate the importance of other sources of law in French private law Identify, explain and apply relevant provisions of the French Civil Code Read and understand French legal decisions on civil law topics Use the French Civil Code and case law to discover the legal rules ap-

plicable to particular questions Employ problem-solving skills to apply the rules and principles of

French civil law to practical problems Incorporate comparative law perspectives where appropriate to anal-

ysis of French civil law Discuss the distinctive features of French private law in light of French

society, the French legal system and French constitutional thought Comprehend and summarise lectures on private law topics delivered

through French Apply language skills to communicate clearly and effectively about

French civil law in oral discussions and presentations and written as-signments

Conduct independent research on French civil law, using both primary and secondary materials available in the library and online

Develop and structure original legal analysis Work in a team on a group research assignment

Teaching: 2 hours of lectures in Michaelmas Term

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Assessment: Essay - 30% and Examination (1 hour paper) - 70%:


French Civil Law II – Law of Obligations: (LA1208) 5 ECTSThis module follows on from students’ study of the Civil Code in Michaelmas Term and engages in depth with the law of obligations in France. It engages with both the theory and principles which underpin the law of obligations and the specific rules through which these values find expression. The law of obligations includes both contract and tort law. The key elements of contractual obligations studied include fundamental principles, consent and the autonomy of the will, capacity, the formation of a contract, conditions of validity, mistake, misrepresentation, duress, inequality/lésion, privity, the effect of a contract and remedies for breach. The aspects of tortious or non-contractual obligations addressed include fundamental principles, damage, causation, liability for fault, responsibility for the act of an object or another person, defences, remedies and special statutory regimes. In addition to providing a strong grounding in the law of obligations, including both theory and concrete rules, the study of these specific legal topics in depth will enhance students’ understanding of how private law works in a civilian legal system, and how to research the law and apply it to concrete questions.

The module is taught through French in an interactive classroom setting of approximately 18 students. Students are expected actively to participate in class as well as completing homeworks as set, conducting independent study and completing assignments.


Identify and explain the key values and philosophical ideas which un-derpin the law of obligations and relate these to the values underpin-ning the Civil Code more generally

Support discussion of French civil law by an accurate understanding of the rules which govern contract and tort

Identify, explain and apply relevant provisions of the French Civil Code Critically analyse and evaluate the rules of the French law of obliga-

tions Discuss the relative importance of sources of law in France in light

specifically of case law relating to obligations Use the French Civil Code and case law to identify and understand the

legal rules applicable to particular questions Employ problem-solving skills to apply the rules and principles of

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French civil law to practical problems Read and understand French legal decisions on the law of obligations Conduct independent research on French civil law, using both primary

and secondary materials available in the library and online Develop and structure original legal analysis Incorporate comparative law perspectives where appropriate to anal-

ysis of French civil law Discuss the distinctive features of French private law in light of French

society, the French legal system and French constitutional thought Comprehend and summarise lectures on private law topics delivered

through French Apply language skills to communicate clearly and effectively about

French civil law in oral discussions and presentations and written as-signments

Teaching: 2 hours of lectures in Hilary Term

Assessment: Essay - 30% and Examination (1 hour paper) - 70%:


French Legal Methods: (LA1209) (5 ECTS)It is essential that students be prepared for the substantially different methodology employed in French legal studies before they go abroad for their Junior Sophister year. This module, taught through French, includes the introduction of key terminology and the specific requirements relative to French legal exercises. It mainly focuses on the instruction and practice in reading and summarising legal decisions (fiches d’arrêt) as well as the structuring of essays (dissertations).


Use and apply relevant legal terminology Write clear and accurate French Research, use and properly attribute appropriate sources to support argu-

ments Apply the specific structure of the French legal essay to develop critical argu-

ments on legal issues Read and explain French legal decisions Identify the issues raised in new decisions within the context of acquired legal

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knowledge Summarise French legal decisions according to the structure of the fiche d’ar-

rêt.

Teaching: 90 mins of lectures per week in Hilary Term

Assessment: Continuous Assessment (30%: Fiche d’arrêt and plan détaillé) and Examination (70%: 1 hour examination paper)

Lecturer: Dr Sarah Arduin

Senior Sophister French Modules

French Comparative Law Dissertation: (LA4004) 10 ECTSSenior Sophister Law and French students may choose to complete a research dissertation on French or comparative law under the supervision of a member of the Law School staff. The subject of the dissertation may be chosen by the student but must be approved by the Law School. The aim of this option is to encourage students to engage in largely self-directed research and writing leading to the completion of an analytical and critical piece of research. Students are expected to employ their expertise in French law to identify and investigate in depth a specific research question related to French or comparative law. These dissertations may be written in French or English at each student’s choice. The word limit will vary according to whether the language chosen is French or English. 10 ECTS credit dissertations in this module should be approximately 10,000 words if written in English and approximately 6,000 words if written in French. Dissertations must be submitted early in Hilary Term.



Work effectively under the guidance of a research supervisor; Identify and formulate a research question based on their knowledge of

French and comparative law; Apply their expertise on French law to investigate specialised subjects in

depth;

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Conduct effective and targeted research of the full range of primary and sec-ondary legal sources on a particular topic;

Locate and use research materials in French and English; Apply comparative law methodologies to analyse topics in different legal sys-

tems; Critically assess in writing legal theories, concepts and doctrines; Discuss and critique in writing different perspectives on law and policy; Communicate clearly and effectively in written French or English; Determine the scope and structure of a research project and establish a vi-

able research plan; Identify, discuss and debate various research methodologies; Incorporate multidisciplinary perspectives where appropriate.

Teaching:Dissertation to be submitted by the First Friday of teaching in the

Second Semester.

Assessment:

DissertationThe word limit will vary according to whether the language chosen is French or English. 10 ECTS credit dissertations in this module should

be approximately 10,000 words if written in English and approximately 6,000 words if written in French.

Coordinator: Dr Kouroch Bellis

French Comparative Law (Minor) Dissertation: (LA4005) 5 ECTSSenior Sophister Law and French students may choose to complete a minor research dissertation on French or comparative law under the supervision of a member of the Law School staff. The subject of the dissertation may be chosen by the student but must be approved by the Law School. The aim of this option is to encourage students to engage in largely self-directed research and writing leading to the completion of an analytical and critical piece of research. Students are expected to employ their expertise in French law to identify and investigate in depth a specific research question related to French or comparative law.



Work effectively under the guidance of a research supervisor; Identify and formulate a research question based on their knowledge of

French and comparative law; Apply their expertise on French law to investigate specialised subjects in

depth;

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Conduct effective and targeted research of the full range of primary and sec-ondary legal sources on a particular topic;

Locate and use research materials in French and English; Apply comparative law methodologies to analyse topics in different legal sys-

tems; Critically assess in writing legal theories, concepts and doctrines; Discuss and critique in writing different perspectives on law and policy; Communicate clearly and effectively in written French or English; Determine the scope and structure of a research project and establish a vi-

able research plan; Identify, discuss and debate various research methodologies; Incorporate multidisciplinary perspectives where appropriate.

Teaching:Dissertation to be submitted by the First Friday of teaching in the

Second Semester.

Assessment:

DissertationThe dissertation may be written in French or English at each

student’s choice. The word limit will vary according to whether the language chosen is French or English. 5 ECTS credit

dissertations in this module should be approximately 6,000 words if written in English and approximately 3,500 words if written in

French. Dissertations must be submitted early in Hilary Term.Coordinator: Dr Kouroch Bellis

GERMAN LAW MODULES (AVAILABLE TO LAW AND GERMAN STUDENTS)

INTRODUCTION TO THE GERMAN LEGAL SYSTEM (LA1020) 10 ECTSThis is a course designed to provide Law and German Junior Freshman students with an introduction to the German legal system with an emphasis on German constitutional law. Topics covered include the German constitutional history, German legal methods, but also the state organs as well as the protection of human rights.

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Learning Outcomes

Having successfully completed this module, students should be able to: Identify the differences between German public and private law; Understand the civil law system and identify the differences to the Common

Law system; Identify the structure and key elements of the German Constitution Analyse and understand the structure of the state institutions and their inter-

connection in the political process; Explain the role of basic and human rights, both from a philosophical-histori-

cal and a German constitutional perspective; Solve cases following the procedures provided in the Basic Law; Discuss problems and the key jurisdiction of German Constitutional Law; Present and discuss problems of German Constitutional Law orally and in a

Hausarbeit.

Teaching: 2 hours of lectures per week in both semesters

Assessment: Continuous Assessment (Tests) - 30% and Essay (1,500 words) - 70 %

Lecturer: Ms. Nazli Heimann

GERMAN CIVIL LAW: (LA2004) 10 ECTSThis is a course designed to provide Law and German Senior Freshman students with an introduction to German civil law. Topics covered include general principles of German civil law and the structure of the German civil code BGB. The emphasis will be on contracts while an introduction to torts and the law of property will be given. Basic problem-solving skills as well as an overview over the legal education in Germany will also be covered.

Learning OutcomesHaving successfully completed this module, students should be able to:

Explain the principles of Civil/Private Law; Identify the structure and content of the German Civil Code; Discuss and analyse the difference between Gutachten- and Urteilsstil; Apply the German Civil Code using the Gutachtenstil; Conduct effective research in commentary books and online on the respec-

tive German sources; Research problems of German civil law and presenting it in a Hausarbeit;

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Discuss problems of German civil law and comparing the findings to Irish law; Understand the role of the courts and jurisdiction for German civil law; Present German civil law questions orally and in writing.


Assessment: Essay (Hausarbeit) (1,500 words) - 40% and exam (in class test) - 60%


GERMAN AND EU LAW: (LA4002) 5 ECTSThis is a course designed to provide Law and German Senior Sophister students with an opportunity to deepen their knowledge in German and European Law. Students will give presentations of German and European law topics in a German context. The lectures cover German problem-solving approaches, German constitutional, administrative, civil and criminal law.

Learning OutcomesHaving successfully completed this module, students should be able to:

Understand the historical development of the German legal system; Explain and discuss current questions of German Constitutional Law and Eu-

ropean Law in a historical, philosophical and legal context; Identify the general principles of European Union Law and the relation to

German Constitutional Law including the respective jurisdiction; Present complex legal subjects in German orally and in writing and contextu-

alize the topics both politically and socially; Identify, formulate and address key research questions into two particular as-

pects of German/European law and present them in a Seminararbeit.


Assessment: 2 Seminararbeiten/essays (each 50%)


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MODULES AVAILABLE TO BESS STUDENTS AND NON-LAW EXCHANGE STUDENTS

Introduction to Law (LA1240) 10 ECTS Topics covered in-

clude:1. The Irish Legal System: Structure and Key Features Sources of Law in Ireland The Doctrine of Precedent The Irish Court System Access to the Courts

2. Introduction to Jurisprudence Introduction to theories including:

Natural Law Versus Positivism The Command Theory of Law Utilitarianism

3. International Law – Introduction to the ECHR Human Rights Law: Introduction to the European Convention on Human Rights Article 8 ECHR

4. Family Law Key features of Irish family law Special topic: the child in Irish law (custody, rights etc)

Learning OutcomesOn successful completion of this module, students should be better able to: Identify the main sources of law in the Irish legal system Distinguish between the relative weight of different sources of law Describe and explain the doctrine of precedent in Irish law Describe and explain the jurisdiction of the Irish Courts Describe, explain and evaluate factors that affect the right of access to court Identify several jurisprudential theories Critically assess the strengths and weaknesses of different jurisprudential the-

ories Describe and explain the key features and case law of Article 8 ECHR Describe and explain basic features of Irish family law. Identify key facts and legal issues in problem question scenarios Solve problem questions using legal principles covered on the course.

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Teaching: 2 hours of lectures per week in both semestersExchange/visiting students must take the module

for the full academic year.Assessment: Multiple Choice Exam; 10%, Examination

90% ( 1 x 2 hour paper)Lecturer: TBC

Aspects of Irish Law in a European Perspective (LA2012) 10 ECTS

Topics include:1. Introduction to the Law of Torts The Nature of Liability in Tort The Law of Negligence The Law of Defamation Remedies in the Law of Torts The Influence of EU Law on Law of Tort

2. Introduction to the Law of Contract Formation of a Contract Invalid Contracts Exclusion Clauses Discharge of Contracts Remedies in Contract Law The Influence of EU Law on Law of Torts

3. The European Convention on Human Rights and Ireland Introduction to the European Convention on Human Rights Ireland before the European Court of Human Rights The Incorporation of the European Convention on Human Rights into Irish

Law The ECHR in the Irish Courts – the impact of the European Convention on Hu-

man Rights Act 2003.

Learning OutcomesOn successful completion of this module, students should be better able to: Describe and explain basic features of tort law in Ireland, including

o The test for negligenceo The features of nuisanceo The definition of defamation and the defences to that torto Describe and explain basic features of the law of contract in

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Ireland, in-cluding

o The manner in which a contract can be formed and discharged Remedies for breach of contract Identify the key features of the European Convention on Human Rights Act

2003 Critically assess the courts’ approach to that Act in Irish law Identify and evaluate the difference(s) between the approach of the Irish

courts and those of the European Court of Human Rights to enforcement of Convention rights.

Teaching: 2 hours of lectures per week in both semesters. Exchange/vis-iting students must take the module for the full academic

yearAssessment: Multiple Choice Exam; 10%, Examination 90% ( 1 x 2

hour paper)Lecturer: TBC

Non-Law exchange students only

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Legal English Part I: (LA1234) 5 ECTS – First Semester

Legal English Part II: (LA1235) 5ECTS – Second Semester*

Having successfully completed this module, students should be able to: Possess knowledge of the sources and evolution of Legal English over time; Possess the library and research skills necessary to identify and explore the

written and electronic resources in which law and legal information are con-tained;

Possess and demonstrate the skills in written English which are necessary for a high standard of legal writing, including the use of house style, grammar and punctuation and the creation of legal documents;

Possess and demonstrate the comprehension skills which are necessary to read thoroughly and understand cases, textbooks, legal articles and legisla-tion;

Possess and develop further the skills necessary for a high standard of spoken Legal English, including preparation of a formal presentation and discussion on a legal topic;

Compare and contrast the style of legal writing in Ireland with that used in their home system;

Incorporate knowledge of Irish law, society and politics into spoken and writ-ten Legal English;

Master spoken and written Legal English to a sufficient degree that they can identify and use terminology specific to an individual field of law;

Master spoken and written Legal English to a sufficient degree that they can apply critical analysis and use coherent, rational arguments in answering es-say and problem-based questions

Teaching: 2 hours of lectures per weekAssessment: Essay and CourseworkLecturer: Ms Miriam Delahunt BL

*Students must have completed Legal English Part I in first semester to study Legal English Part II

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