Level 4 Diploma in Paralegal Studies

Description

The aim of this unit is to provide the learner with the practical skills to enable them to understand the different ways in which the legal estate in land can be held and transfered.

• The First Interview
• The three stages of a Conveyancing Transaction; Pre-exchange of contracts; Searches and Enquiries
• The draft contract: Deducing Title – Registered land and Unregistered land
• Investigating Title: Mortgages
• Exchange of contracts
• Post contract/pre-completion: Requisitions on title; Transfer of Part, Conveyance, Assent, Searches;
• Obtaining funds.
• Preparing for completion,Completion – date time & place, Breach of contract, Notice to complete, Rescission;
• Completion
• Post completion: Leaseholds: Possessory Title

Learning Outcomes

1. Understand the different ways in which the legal estate in land can be held
2. Be able to explain the procedure by which such legal estate is transferred from one person to another and the safeguards that are incorporated into such a transaction

Description
The aim of this unit is to provide the learner with the practical skills to be able to understand what constitutes a valid marriage and a civil partnership disputes.

Preliminary considerations; Financial Provision
Ownership of Property
Children
Divorce: Valid, void and voidable marriages / CDs; Procedure – Divorce/termination, Nullity and Judicial Separation
Ancillary Relief
Forms and Documentation
Domestic Proceedings and Orders in the Magistrates Court; Decrees Nisi and Absolute
Learning Outcomes
Understand the relationship of marriage and a civil partnership and how they come into being
Understand the role of the Courts in matrimonial and civil partnership disputes
Be able to explain the grounds upon which a marriage and civil partnership can be terminated
Be able to explain how to process an undefended divorce and civil partnership from inception through to the Decree Absolute

Description
Criminal Court Structure: Preliminary Matters; Police Powers
Police Station Interviewing; Commencement.; Legal Aid; Bail; Summary Trial
Trial by Indictment: Sentencing; Assisting Counsel/Solicitor advocate at a trial
Sanctions: Types of sentences; philosophies of sanctions; Appeal
Learning Outcomes
Understand the three principle methods of commencing a prosecution
Understand what occurs after arrest
Understand who can prosecute in a criminal case
Public funding in criminal proceedings
Understanding the proceedings stages of cases and court proceedings

Description
Civil Court structure; Preliminary considerations;

Action prior to Proceedings; Commencing and Conducting the Claim;

Statements of Case; Summary Judgment; Interim proceedings;

Discovery; Preparing for Trial; proceedings at Trial;

Forms of Judgment; Enforcement of Judgments; Costs

Learning Outcomes
Understand the general jurisdiction of the County Court and the High Court
Be able to explain how to progress an action for a claim for a specified amount from inception to enforcement of Judgment in the High Court, County Court and the Small Claims Court

Description
Wills: including the nature of a Will, testamentary capacity, formalities, attestation, additions and alterations, informal wills and revocation
Legacies and Devises: including an understanding of legacies, devises, bequests, gifts, lapsing, abatement and ademption
Intestacy: including the rules of intestate succession
Family provision: including the basis of family provision, the class of claimants and factors taken into account by the Court
Learning Outcomes
Be aware of what happens to a persons possessions and effects on their death
Be aware of those in whom such possessions and effects will vest upon such death
Understand who is entitled to such possessions and effects upon such death

Description
The Nature of Criminal Law: including the nature of a crime distinction between crimes and for burden of proof
Classification of Offences: including summary, indictable, hybrid and arrestable offences
Elements of a Crime: including Actus Reus, Mens Rea and Strict Liability; basic intent and specific intent, express intent and implied intent
General Defences including Automatism, mistake, insanity, duress and intoxication
Homicide: including causation in law and causation in fact
Murder: including its definition, malice aforethought express and implied
Manslaughter: including voluntary manslaughter and involuntary manslaughter, recklessness, special defences to murder – diminished responsibility, provocation, suicide pact and infanticide
Theft Robbery, Burglary, and Fraud.
Learning Outcomes
Understand those rules of law which provide for the punishment of those who breach such laws
Be aware of which laws fall within this category
Understand how such breaches are punished

Description
The aim of this unit is to provide the learner with the practical skills to understand the rules requiring persons to have a duty of care towards other persons and to compensate others if there has been a breach of that duty of care. It will also provide awareness of which infringements constitute a tort in law and the remedies that are available for such infringements

The Nature and Liability in Tort: including fault based liability, strict liability, the doctrine in Ryland-v-Fletcher, vicarious liability and limitation of actions
Negligence: including duty and standard of care; contributory negligence; res ipsa loquitor; proof of damage and negligent mis-statement
Nuisance: including public nuisance, private nuisance, defences and remedies Trespass to Land: including defences and remedies and occupiers liability. An awareness of Trespass to the Person – assault, battery and false imprisonment, with their defences
General Defences: including volenti non fit injuria, mistake, Natural Disaster, inevitable accident, Statutory authority and Novus Actus Interviens
Learning Outcomes
Understand the type of legal rule which requires persons to compensate others as a result of their infringement of those others’ rights
Be aware of which infringements constitute a tort in law
Be aware of the remedies that are available for such infringements

Description
Formation of a Contract: including offer and acceptance; Intention to create legal relationships; form; legality and contracts in restraint of trade; consideration; consensus ad idem and capacity.

Vitiating Factors: including duress, undue influence; mistake and misrepresentation.

Terms of a Contract: including express terms with particular reference to exemption clauses; implied terms with particular reference to the sale of goods and the supply of services; conditions and warranties.

Discharge of Contractual Obligations: including discharge by performance; discharge by Agreement; discharge by Breach and Frustration.

Remedies for Breach: including the difference between common law and equitable remedies; damages; rescission; specific performance and injunction

Learning Outcomes
Understand the type of legal rule which requires persons to compensate others as a result of harm inflicted by non compliance of their promises.
Be aware of those promises which the law will uphold.
Be aware of the remedies that are available for a breach of contract

Description
The aim of this unit is to provide the learner with the practical skills to be able to explain the procedure for winding up the Estate of a person who leaves a Will and those who do not.

Wills: Taking instructions
Functions and scope of a will: Gifts, bequests, legacies and devises, residue
Appointment of Executors
Failure of bequests
Testacy and Intestacy
Probate & Administration – Practice and Procedure
Administering the Estate: Personal Representatives and their duties and powers
Protection against claims; distribution of the estate
Learning Outcomes
Understand the formalities for making a Will
Understand the nature of gifts in a will
Understand how a will may be revoked
Understand the rules of intestacy where a deceased died without a valid will
Understand the procedure in administering an estare
Understand when Inheritance Tax is payable.

Description
The Nature and Development of English Law: including the nature and functions of the Law; the concept of legal personality, outline of agency and powers of attorney; an awareness of the development of the Common Law and the Writ System; the development of Equity and its role in the law today and the effect of the Judicature Acts 1873-75
Modern Day Sources of Law: including legislation both primary and delegated; Statutory interpretation; the doctrine of Judicial Precedent; an awareness of the role of European Community Law
Dispute Solving in English Law: including the Court System and structure, Legal Personnel (i.e. The Judiciary, Barristers, Solicitors and Paralegals), composition and jurisdiction of the Civil and Criminal Courts; the Appellate system; Tribunals; Arbitration and Mediation
Learning Outcomes
Understand the nature and development of English Law
Understand the modern day sources of Law
Understand how judges interpet and apply the law
Understand the composition and jurisdiction of Civil and Criminal Courts.
Understand the types of legal personnel
Understand the importance of Alternative Dispute Resolutions and options available.