1. Identify, define and explain foundational concepts, sources of law, institutions and personnel of the legal system in England and Wales

Knowledge and understanding

2. Identify and comment upon the existence of key debates in the operation and/or structure of English Legal System,

Learning

3. Present a clear written argument, supported by evidence drawn from appropriate sources and referenced following the requirements of the OSCOLA referencing system.

Enquiry
Communication

The assessment in this module is a coursework essay, examining all Learning Outcomes 1-3. The assessment will provide students with the first opportunity to write an essay as part of the degree programme and the learning outcomes provide clear foundational guidance regarding expectations of academic legal writing.

This module introduces students to the foundational concepts, sources of law, institutions and personnel of the legal system in England and Wales. It will encourage students to begin to engage with questions about the working of the system in contemporary society.

Key Themes include:
What is Law?
Classifying legal systems
Impact of European empires on legal systems around the world
Sources of Law
The legislative process
Court system in England and Wales
Judiciary
Magistrates
Judicial independence
Juries
Alternative Dispute Resolution
Access to Justice

What is the difference between a judge and a magistrate? What is a ‘common law’ system and what makes English law different from legal systems in other European countries? This module introduces you to the core ideas, institutions and people who work within the justice system of England and Wales and encourages you to ask questions about its functioning in contemporary society. It will provide you with firm foundations for an understanding of the principles which underlie law in England and Wales, which are essential for the rest of your studies on your degree. This module will be of interest to students who wish to have a role working in the legal sector, business, education, third sector bodies or policing. The insights that it provides are very valuable foundational learning for those who aspire to a career with a company. It sets the scene in relation to key concepts of the utmost importance for work as a litigator in either the civil or criminal justice system.

Large group teaching on this module will take the form of a lecture each week, where the module tutor will introduce students to the key concepts, principles, institutions and personnel of the English Legal system. Students will have access to lecture materials, set readings and recommended resources prior to the lecture.

Small group teaching on this module will take the form of a workshop each week. These are preceded by a period of independent learning which builds upon the material encountered in the lecture session. The module materials contain indicative reading for each session, together with subjects for discussion and case studies. The purpose of the smaller group sessions is to help students assess their understanding of a topic, and particularly to facilitate development of analytical and evaluative skills, by examining topics through the lens of a contemporary debate on the subject area.

For all smaller group sessions, there are questions to help guide reading and preparation. The sessions encourage active participation and interaction among students and between students and tutors. A variety of teaching activities are employed in order also to encourage the development of essential skills for the assessment on the module, such as research, referencing and construction of coherent written arguments.

Finch E and Fafinski S, Legal Skills (9th edn, OUP 2023)

Partington M, Introduction to the English Legal System (15th edn, OUP 2021)

Gillespie A and Weare S, The English Legal System (9th edn, OUP 2023)

All reference texts are available on the Law Trove digital textbook service.

Other textbook available on Law Trove:

Wilson S and others, English Legal System (6th edn, OUP 2024)

Primary law sources (law reports and statutes) and secondary sources (journal articles and legal practitioner texts) are available through the following legal databases:

Westlaw
Lexis+

Websites:
Judiciary: judiciary.uk
Parliament: parliament.uk
Bar Council https://www.barcouncil.org.uk/
Crown Prosecution Service https://www.cps.gov.uk/
HM Courts and Tribunals Service https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service
Law Society https://www.lawsociety.org.uk/
Magistrates’ Association https://www.magistrates-association.org.uk/
Ministry of Justice https://www.gov.uk/government/organisations/ministry-of-justice