An Introduction to the English Legal System Assignment Brief
| Qualification | OTHM Level 4 Diploma in Law (610/1969/0) |
| Unit Reference Number | R/650/4965 |
| Unit Title | An Introduction to the English Legal System |
| Unit Level | 4 |
| Number of Credits | 20 |
| Total Qualification Time (TQT) | 200 hours |
| Guided Learning Hours (GLH) | 100 hours |
| Mandatory / Optional | Mandatory |
| Sector Subject Area (SSA) | 15.5 Law and legal services |
| Unit Grading Type | Pass / Fail |
Unit Aims
The focus of this unit is the people and procedures involved in the operation of the English legal system. This unit aims to inform learners about the functions, structure and purpose of the civil and criminal Courts, along with understanding of the personnel involved in the administration of justice. Learners will gain knowledge of how laws are created and influences on the development of law. The unit will also provide learners with information on various methods of alternative dispute resolution.
Learning Outcomes, Assessment Criteria and Indicative Content
| Learning Outcomes – The learner will: | Assessment Criteria – The learner can: | Indicative content |
| 1. Understand how laws are created in England and Wales. | 1.1 Explain the court hierarchy.
1.2 Describe the nature and purpose of criminal and civil courts. 1.3 Describe how case law is created and developed. 1.4 Explain how legislation is created and developed. |
● Comparison between criminal and civil law ● The nature of law and morality ● The court hierarchy in England and Wales ● Overview of Civil and Criminal court structures, including appeal courts ● The role of criminal courts, including powers and aims ● The role of civil courts, including powers and aims ● The Doctrine of Judicial Precedent, ratio decidendi, obita dictum, avoidance of judicial precedent, including by ‘distinguishing’. Persuasive precedent. ● The process of creation legislation, including green papers, white papers, readings to royal assent, influences on development of legislation, the concept of Parliamentary Sovereignty/ Supremacy. ● Codification of laws, repeals and consolidation of law. ● The role of delegated legislation, including types of delegation, the purpose of delegation and its limitations ● Statutory interpretation and the various judicial approaches to interpretation, including the literal approach, golden rule, mischief rule and purposive approach. The relationship between parliamentary supremacy and the approaches to statutory interpretation. ● The role of the Law Commission in the development of laws |
| 2. Understand the role of the legal profession. | 2.1 Identify the judges that sit in each court within the hierarchy.
2.2 Explain the difference between the role of a solicitor and a barrister within the English legal system. 2.3 Describe the ethical responsibilities of the legal profession. 2.4 Analyse the role of the jury system. |
● How judges are appointed to each of the courts within the hierarchy, including the role and appointment of magistrates ● The education and training requirements of a solicitor and a barrister ● The different purpose and skills of a solicitor and a barrister , a solicitors rights of audience, the role of Queens Counsel ● Legal ethics of a solicitor and a barrister, the ‘cab rank’ rule ● The jury system, including the process of jury selection, and the perceived benefits and detriments of this system |
| 3. Understand the role of alternative dispute resolution. | 3.1 Explain the perceived difficulties in accessing civil justice.
3.2 Evaluate the role of Alternative Dispute Resolution in civil disputes. 3.3 Analyse the role of restorative justice in the criminal courts. |
● Access to justice, legal fees and legal aid, public and private funding ● The perceived difficulties of civil litigation, including costs, time, and lack of lay person involvement The role of Alternative Dispute Resolution in addressing the perceived deficiencies in court resolution ● The role of meditation, arbitration, and tribunals. ● The potential problems with Alternative Dispute Resolution, including lack of understanding, imbalance of powers, non binding agreements, and a lack of legal protection ● The purpose of restorative justice in the criminal justice system ● The benefits and difficulties of restorative justice, including low participation and party protection |
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the standards specified by all assessment criteria.
| Learning Outcomes to be met | Assessment criteria to be covered | Type of assessment | Word count (approx. length) |
| All 1 to 3 | All ACs under LO1 to LO3 | Coursework | 3000 words |
Indicative Reading List
- English Legal System, 22nd Edition by Emily Allbon; Sanmeet Kaur Dua, Published by Pearson
- The English Legal System, 20th Edition, by Slapper and Kelly, Published by Routledge
- The English Legal System, 9th edition by Alisdair Gillespie; Siobhan Weare, Published by OUP Oxford
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