Introduction to English Common Law

Prof John Bell

Mr Lorne Neudorf

The course aims to provide students with an understanding of common law procedure, common law reasoning and argumentation, as well as an understanding of the place of human rights within the contemporary English legal system. To this end, the course is intended to foster understanding through activities and reading. This course consists of three parts:

Part I: Legal System

Part II: Case-law method: the Common Law

Part III: Human Rights

In Part I there will be an introductory lecture and a visit to the Crown or Magistrate’s Court and include the completion of a court observation form as part of a learning log. There will be an opportunity to talk to a judge about the work of a court. Seminars will be used to discuss the court observation, the notion of a fair trial and how the various actors in the court process contribute to the idea of a fair trial. Students will complete the learning log by bringing together their observations, reflections, readings and discussions.

In Part II lectures will examine the development of case-law in relation to problem areas such as medical liability, product liability, economic loss and nervous shock. Students will be introduced to the concepts of fault and causation. Seminars will explore further medical liability and economic loss as examples of negligence liability.

In Part III students will read key cases on the treatment of terrorist suspects and on the tort liability of public authorities. Both areas show the extent to which the authority of Parliament and of the national courts is curtailed by the Human Rights Act.

Pre-requiste knowledge required: No prior knowledge of English law is required, but it is desirable that a student has taken some law courses before.

Reading

Please note that the purchase of Alisdair Gillespie The English Legal System (OUP 2011, 3rd edn) being the key text for the course is highly recommended. Detailed readings will be added nearer the start of the programme.

Performance Evaluation

• Reflective log on court observation: 25%
• Final Submitted Essay: 40%
• Final Exam: 35%

Lecture Hours: 12 x 1 hour 15 minutes (total 15 hours)

Seminar Hours: 8 x 1 hour 15 minutes (total 10 hours)