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Thoughts on Specific Modules
Oct. 1st, 2008 12:40 amMy course is made up of 7 core modules. Even though the first two weeks focus on the induction to the English Legal System, the modules are so intense that my school believes in getting started early. Last Friday and today, we were subjected to a brutal assault of seven hour-long lectures with only a break for lunch in between. I hadn't put myself through such an ordeal since at least April 2002. Interestingly, I didn't have too many problems staying awake (except for the last lecture) last Friday. Today however was a completely different story. I struggled to stay awake during the first four lectures (Contract, Tort, Criminal and Land), but after lunch I had absolutely no difficulty paying attention to Equity & Trusts, Constitutional and EU Law. By the end of the day I felt so refreshed, I was prepared to sit through another two lectures. Go figure! In any case, this post is a brief summary of thoughts about each module so far.
CONSTITUTIONAL & ADMINISTRATIVE LAW:
This is going to be my favourite module. It encompasses history and politics. 'Nuff said. Though I will say this, the most fascinating thing we're learning right now is the extent to which convention (which is not legally enforceable) permeates British constitutional law.
CONTRACT LAW:
We're learning some fascinating stuff about what constitutes a contract, especially through advertisements. There are a couple of famous cases that every law student knows about: one is Carlill v. Carbolic Smoke Ball Company, the other Leonard v. Pepsico, Inc..
TORT LAW:
We're spending the next 7 weeks on negligence. Today we learnt its history. Read Donoghue v Stevenson, if you haven't already.
CRIMINAL LAW:
We're still trying to establish reasons for mens rea and actus reus in various cases. Haven't worked out if I'm guilty of murdering my pregnant girlfriend's fetus when I stabbed her and killed the fetus inside. Sorry, our lecturer's stone-cold straight-faced words, not mine. I know!
LAND LAW:
Only the Crown (ie, Queen) can own land in the UK. Her subjects can merely possess land as freeholders. We the subjects can lease that land to others (ie, leasehold). They can sub-lease the land to others and so on. If a landowner dies intestate, it reverts to the Crown. These principles were introduced by the Normans in the 11th century and have changed little since. You gotta admit, that's fascinating!
EQUITY & TRUST LAW:
Some say Equity is the greatest development of English law, and to think it happened somewhat by accident! I can't be bothered to provide an explanation of what it is, but I will say this: the concept of a Trust (eg, modern-day Charitable Trust) goes back to the Middle Ages when husbands went off to the Holy Land on the Crusades. In those days the only kind of land owner/lease relationship that was recognized by the courts was a contract, which was only between two people. The concept of equity and trusts grew when warrior husbands gave the legal title to their land to what we now call a trustee for the benefit of his family (ie, the beneficiaries), till either the warrior's return or death, in which case the land would then be transferred both in title and equity to the beneficiaries. From that humble beginning, a whole module of law has developed. And to think I used to believe trusts only emerged in 19th century America.
EU LAW:
We've only had one lecture so far but already the lecturer has made an impassioned plea to the Eurosceptics among us to put up with the module, regardless of their personal beliefs. Apparently, one student last year refused to answer a question in their EU exam and instead wrote a few sentences proclaiming their staunch support for British sovereignty. As a pro-EUpean, I am looking forward to this module. I have never fully understood the whole constitutional shebang and particularly, Britain's legal association. Europe is obviously a hugely emotive issue here but I think the most interesting thing I learnt today was the fact that by convention, Westminster does not debate/vote on implementing European treaties, unless specific statutes are passed such as the 1972 European Communities Act. And for all the brouhaha about Britain's role in Europe, our lecturer said that only 23% of the electorate voted in the last European elections. That explains why the far-right parties gained MEP representation, a sad indictment of the attitudes that prevail here over the EU.
And with that ends your first two weeks in Law School.
--It is worth noting that when you read the title of a case, the "v" is not short for 'versus'. It is short for 'and'.
CONSTITUTIONAL & ADMINISTRATIVE LAW:
This is going to be my favourite module. It encompasses history and politics. 'Nuff said. Though I will say this, the most fascinating thing we're learning right now is the extent to which convention (which is not legally enforceable) permeates British constitutional law.
CONTRACT LAW:
We're learning some fascinating stuff about what constitutes a contract, especially through advertisements. There are a couple of famous cases that every law student knows about: one is Carlill v. Carbolic Smoke Ball Company, the other Leonard v. Pepsico, Inc..
TORT LAW:
We're spending the next 7 weeks on negligence. Today we learnt its history. Read Donoghue v Stevenson, if you haven't already.
CRIMINAL LAW:
We're still trying to establish reasons for mens rea and actus reus in various cases. Haven't worked out if I'm guilty of murdering my pregnant girlfriend's fetus when I stabbed her and killed the fetus inside. Sorry, our lecturer's stone-cold straight-faced words, not mine. I know!
LAND LAW:
Only the Crown (ie, Queen) can own land in the UK. Her subjects can merely possess land as freeholders. We the subjects can lease that land to others (ie, leasehold). They can sub-lease the land to others and so on. If a landowner dies intestate, it reverts to the Crown. These principles were introduced by the Normans in the 11th century and have changed little since. You gotta admit, that's fascinating!
EQUITY & TRUST LAW:
Some say Equity is the greatest development of English law, and to think it happened somewhat by accident! I can't be bothered to provide an explanation of what it is, but I will say this: the concept of a Trust (eg, modern-day Charitable Trust) goes back to the Middle Ages when husbands went off to the Holy Land on the Crusades. In those days the only kind of land owner/lease relationship that was recognized by the courts was a contract, which was only between two people. The concept of equity and trusts grew when warrior husbands gave the legal title to their land to what we now call a trustee for the benefit of his family (ie, the beneficiaries), till either the warrior's return or death, in which case the land would then be transferred both in title and equity to the beneficiaries. From that humble beginning, a whole module of law has developed. And to think I used to believe trusts only emerged in 19th century America.
EU LAW:
We've only had one lecture so far but already the lecturer has made an impassioned plea to the Eurosceptics among us to put up with the module, regardless of their personal beliefs. Apparently, one student last year refused to answer a question in their EU exam and instead wrote a few sentences proclaiming their staunch support for British sovereignty. As a pro-EUpean, I am looking forward to this module. I have never fully understood the whole constitutional shebang and particularly, Britain's legal association. Europe is obviously a hugely emotive issue here but I think the most interesting thing I learnt today was the fact that by convention, Westminster does not debate/vote on implementing European treaties, unless specific statutes are passed such as the 1972 European Communities Act. And for all the brouhaha about Britain's role in Europe, our lecturer said that only 23% of the electorate voted in the last European elections. That explains why the far-right parties gained MEP representation, a sad indictment of the attitudes that prevail here over the EU.
And with that ends your first two weeks in Law School.
--It is worth noting that when you read the title of a case, the "v" is not short for 'versus'. It is short for 'and'.
