Law Undergraduate Resits 2015/16
Level Module
Code
3
LPS01
Understanding Law
Politics & Sociology
Credits
30
Resit Mode
Resit Essay Title(s)
ESS, 2000 words (100%)
You should choose ONE of the following titles:
a) Sociology is better placed to be able to explain recent changes in the UK
family, than Law and Politics. Discuss.
b) Political discussions on Citizenship have tended to focus on duties, whereas
the Law has focused on Citizenship rights. Only sociology can provide a full
account of both rights and duties. Discuss.
c) "Corruption is simply part of how any country is run" Discuss, with reference to
Law, Politics and Sociology perspectives.
4
English Legal System M3036
15
Case Analysis, 1500 words (80%)
POF, 1000 words (20%)
See Attached Instructions
4
Gender Equality
M4101
15
ESS, 2500 words (100%)
“The notion that there might be a ‘truth’ of sex…is produced precisely through
the regulatory practices that generate incoherent identities through the matrix of
coherent gender norms” (Butler, Gender Trouble). Discuss by reference to how
law and forms of legal regulation are implicated in this process.
4
Law of Contract
M3403
30
ESS, 1500 words (20%)
UEX, 3 hours (80%)
“The decision of the Court of Appeal in The Great Peace was emphatic and
uncompromising: there is no place in the law of contract for a broader doctrine
of common mistake in equity than the limited common law doctrine; and there is
no place for a judicial discretion in remedying mistake because it would
undermine the security of contracts”: Beatson, Burrows & Cartwright (2010)
Anson’s Law of Contract, OUP, p. 296.
Discuss this statement with reference to relevant cases and commentary.
4
Justice, Equality and M3038
Society
15
ESS, 3000 words (100%)
‘If you could reform one aspect of the Equality Act 2010 to better promote justice
and equality what would it be and why?’
4
Understanding Law
(Elective)
15
Case Analysis, 1500 words
(100%)
You have to write a case analysis on the following case: R v Horncastle [2009]
UKSC 14
M4001
For this assessment you will be expected to follow the case analysis template
introduced to you in seminars. This is reproduced in your module handbook on
pages 37-39. This case note should be 1,500 words long and should be based on
the original case transcript.
“[Everyone has] an elementary entitlement to justice, and [that] all deserve
protection from the most egregious forms of violence, exclusion, indignity and
subordination”, Jeremy Waldron, ‘The Harm in Hate Speech’ (2012: 83). Discuss
in relation to competing aspirations of justice and equality within the legal
system, with specific reference to anti-discrimination and human rights law, as
discussed in the course.
.
4
Justice, Equality and M4002
Society (Elective)
and
M4002
HR
15
ESS, 3000 words (100%)
5
Contemporary Issues M4004
in Law
15
ESS, 4000 words
"Children should have the opportunity to express their views and wishes during
family mediation."
Critically analyse the above statement.
5
Crime and Criminal
Justice
M4003
15
ESS, 2500 words
There have been many challenges in the ICC’s operation since it was established
in 2002. Discuss with reference to the situations before the ICC and academic
commentary.
5
Criminal Law
M3007
30
ESS, 2000 words (25%)
UEX, 2 hours 15 mins (75%)
You should choose ONE of the following titles:
1. “It is well to recall how foreign to the common-sense concept of intention is
the ... notion that that which is foreseen as certain is intended. ...One who
hangs curtains knowing that the sunlight will fade them does not thereby
intend that they shall fade. Those who wear shoes don’t intend to wear them
out.”
Discuss the desirability of the current law on intention in the light of this
comment.
2. Gareth worked in a large open-plan office, which had a small, shared kitchen
where staff could store their food. Gareth was really fed up that someone in
the office kept eating his breakfast cereals. One Monday, he decided to teach
this person a lesson. He grated ten laxative pills and mixed these in his new
packet of muesli before placing it in the office kitchen cupboard. He
estimated that whoever was eating his cereal might suffer some pain and
discomfort, but he was absolutely sure it would not be anything too serious.
Tim, a colleague, helped himself to a bowl of Gareth’s muesli. Tim quickly
developed diarrhoea, and since he had Irritable Bowel Syndrome, his
symptoms were particularly severe. He had to leave work.
Tim suffered three days of vomiting and diarrhoea, but did not seek any
medical help, since he had a deep-seated phobia of hospitals and doctors.
On the Friday, Tim returned to work, but looked so weak that Dawn, the
receptionist, immediately called an ambulance. Unfortunately, when the
ambulance arrived the two female paramedics were delayed twenty minutes
by the office manager, David, who mistakenly thought they were strippers
sent for his birthday. By the time they reached Tim he had lost consciousness.
Tim was eventually taken to hospital. Chris, the consultant, gave Tim drugs
which were unsuitable because of his Irritable Bowel Syndrome, and in fact
ended up making him worse. Consequently, the doctors decided to put Tim
on a drip to replace lost fluids. Unfortunately Lee, the nurse who was asked
to do this, had left his glasses at home. He mixed up the bag of saline fluid
meant for Tim with another patient’s chemotherapy drugs. Tim died as a
result of poisoning from these drugs.
Discuss Gareth’s liability, if any, for the death of Tim. You are not required to
discuss any potential criminal liability of other parties.
3. ‘There is no need to reform the law relating to assisted suicide. The current
prosecutorial guidance now ensures that the law serves its purpose.’
Discuss.
(Please note that this essay is set so that those of you who wish to take some
independent research have the opportunity of doing so. The topic will only
form a small part of one lecture. As always, credit will be given in the marking
for the level of research undertaken.)
5
Equity and Trusts
M3027
30
ESS, 2000 words (25%)
UEX, 2 hours 15 mins (75%)
“...[R]esulting trust[s] are traditionally regarded as examples of trusts giving effect
to the common intention of the parties. A resulting trust is not imposed by law
against the intentions of the trustee (as is a constructive trust) but gives effect to
his presumed intention. Megarry, J. in Re Vandervell’s Trusts (No2) suggests that
a resulting trust [...] does not depend on intention but operates automatically. I
am not convinced that this is right. If the settler has expressly, or by necessary
implication, abandoned any beneficial interest in the property, there is in my view
no resulting trust: the undisposed-of equitable interest vests in the Crown as bona
vacantia.” Per Lord Browne-Wilkinson, Westdeutsche Landesbank Girozentrale v
Islington LBC [1996] AC 669 at 708.
Using relevant case law and commentary, illustrate and discuss the circumstances
under which a resulting trust will arise and the role of intention in the finding of
such a trust.
5
Law and Policy of the M3431
EU
30
ESS, 2000 words (25%)
UEX, 3 hours (75%)
1. 'The EU decision-making process has undoubtedly improved over time, and
has thereby weakened the argument that the EU suffers from a democratic deficit.'
Critically discuss this statement, providing examples to support or contest the
statement.
2. Critically analyse what is the purpose of the Article 234 EC preliminary
reference procedure? Has it changed over time? Is it “fit for purpose”?
3. Critically analyse how far the free movement principle is applied in a consistent
manner, taking examples from the free movement of goods and persons.
4. Critically analyse whether the concept of “Citizenship of the Union” continues
to be the fundamental basis for the free movement of persons in the EU.
5
Law of Contract
Advanced
M3003
30
ESS, 2000 words (20%)
UEX, 3 hours (80%)
“The decision of the Court of Appeal in The Great Peace was emphatic and
uncompromising: there is no place in the law of contract for a broader doctrine
of common mistake in equity than the limited common law doctrine; and there is
no place for a judicial discretion in remedying mistake because it would
undermine the security of contracts”: Beatson, Burrows & Cartwright (2010)
Anson’s Law of Contract, OUP, p. 296.
Critically evaluate this statement with reference to relevant cases and
commentary.
5
Law of Tort
Advanced
M3002
30
ESS, 2000 words (25%)
UEX, 3 hours (75%)
“The extent to which the law requires a defendant to assume responsibility for
loss following upon his wrongful conduct always involves a value judgment. The
law habitually limits the extent of the damage for which a defendant is held
responsible, even when the damage passes the threshold 'but for' test. The
converse is also true. On occasions the threshold 'but for' test of causal
connection may be over-exclusionary. Where justice so requires, the threshold
itself may be lowered. In this way the scope of a defendant's liability may be
extended.”
Fairchild v. Glenhaven Funeral Services Ltd and others [2002] UKHL 22 [40] (Lord
Bingham)
Drawing on case-law and academic commentary as appropriate to justify your
argument, consider the extent to which you agree with Lord Bingham’s
statement.
6
Commercial Law
M3001
30
ESS, 2000 words (25%)
UEX, 3 hour (75%)
Candidates may choose any ONE of the following essay topics
Question 1
Does English commercial law embody any identifiable concepts or does
commercial law merely consist of the different rules governing particular forms of
commercial contract with no linking themes of any kind?
Question 2
“The case of Watteau v. Fenwick should be rejected insofar as it holds that a
principal can be liable other than for authority actually given to his agent”.
Discuss.
Question 3
“Section 13 of the Sale of Goods Act 1979 is curious as it appears to obliterate the
distinction between mere representations and contractual terms and it is even
more odd that the obligation in section 13 should be expressed as an implied
condition when there is surely an express obligation to deliver goods of the
description by which they were sold”.
Discuss.
Question 4
“If torts and equitable wrongs can generate a claim for punitive damages, why
should a breach of contract never give rise to such a claim?” (Ewan McKendrick)
Critically discuss this statement.
6
Banking Law and
Regulation
M3016
30
ESS, 4000 words (50%)
UEX, 3 hour (50%)
The Basel Committee on Banking Supervision has constructed a complete and
coherent response to the supervisory and regulatory challenges of modem
banking markets, including those arising from the recent crisis.
Discuss.
6
Company Law
M3004
30
ESS, 4000 words (50%)
UEX, 3 hour (50%)
“In practice, directors are generally immune to the power of shareholders to
remove them.” Critically discuss.
6
Competition Law of
the EU
M3074
30
ESS, 4000 words (50%)
UEX, 3 hour (50%)
Choose own title and see tutor. It will be important that you get the essay signed
off by the tutor to ensure that the title is not the same/similar to the essay title
previously submitted for this module.
6
Criminal Law (LLB
Graduate Entry)
M3075
30
ESS, 3000 words (25%)
UEX, 2 hours 15 mins (75%)
SAME AS M3007
6
Criminology
M3022
30
ESS, 4000 words (50%)
UEX, 3 hour (50%)
Choose own title and see tutor. It will be important that you get the essay signed
off by Mark Walters to ensure that the title is not the same/similar to the essay
title previously submitted for this module.
6
Dissertation
M3013
30
Dissertation, 10,000 words
(100%)
Contact Supervisor
6
Employment Law
M3012
30
ESS, 4000 words (50%)
UEX, 3 hour (50%)
Choose own title and see tutor. It will be important that you get the essay signed
off by Amir Paz Fuchs to ensure that the title is not the same/similar to the essay
title previously submitted for this module.
6
The Ethics and
Conduct of Lawyers
M3107
15
ESS, 5000 words (100%)
Choose own title and see tutor. It will be important that you get the essay signed
off by Mark Davies to ensure that the title is not the same/similar to the essay
title previously submitted for this module.
6
Family Law
M3008
30
ESS, 4000 words (50%)
OPB, 3 hour (50%)
The student is to choose a title (from the list on Study Direct) different to the one
submitted and get it approved by the tutor
6
Global Business Law
and Regulation
M3116
30
ESS, 6000 words (100%)
Choose own title and see tutor. It will be important that you get the essay signed
off by the tutor to ensure that the title is not the same/similar to the essay title
previously submitted for this module.
6
Hate Crime
M3103
15
ESS, 4000 words (75%)
Choose own title and see tutor. It will be important that you get the essay signed
off by Mark Walters to ensure that the title is not the same/similar to the essay
title previously submitted for this module.
6
Healthcare Law and
Ethics
M3024
30
ESS, 4000 words (50%)
UEX, 3 hour (50%)
Choose own title and see tutor. It will be important that you get the essay signed
off by Jo Bridgeman to ensure that the title is not the same/similar to the essay
title previously submitted for this module.
6
Human Rights
M3057
30
ESS, 3000 words (40%)
UEX, 3 hour (60%)
‘Case-note: You can select any decision by the European Court of Human Rights
made after 1 February 2016. If you select a decision by another human rights
body, this decision must have been made after 1 August 2015. You must seek and
obtain the convenor’s consent in relation to the choice of case. This consent must
be expressed in an email, and you must attach a printed copy of this email to
your submission. Please check the original guidance and instructions given for the
case note due in AB1 to make sure you fulfil the requirements of the exercise.
Any questions, please contact the module convenor.’
6
Intellectual Property M3076
Law
30
ESS, 4000 words (50%)
UEX, 3 hour (50%)
1.
‘English law has not traditionally been particularly generous to celebrities
seeking to control the exploitation of their images.’
(H. Beverley-Smith and L. Barrow, ‘Talk that tort…of passing off: Rhianna, and
the scope of actionable misrepresentation: Fenty v Arcadia Group Brands Ltd
(t/a Topshop) [2014] EIPR 57, p. 61)
Discuss critically the approach to protection of celebrity persona in light of this
statement.
2.
“Article 6 bis of the Berne Convention for the Protection of Literary and Artistic
Works establishes that:
‘[i]ndependently of the author's economic rights, and even after the transfer
of the said rights, the author shall have the right to claim authorship of the
work and to object to any distortion, mutilation or other modification of, or
other derogatory action in relation to, the said work, which would be
prejudicial to his honor or reputation.’
The implementation of this provision in the U.K., however, is controversial.”
Discuss this statement with reference to the relevant statutory provisions and
case law.
6
International
Business
Transactions
M3110
15
ESS, 2000 words (50%)
UEX, 2 hours (50%)
Candidates may choose any ONE of the following essay topics
Question 1
Critically evaluate the impact of the Court of Appeal’s decision in Hin-Pro
International Logistics Limited v Compania Sud Americana De Vapores SA [2015]
EWCA Civ 401 with particular reference to the issue of anti-suit injunctions.
Question 2
Should the United Kingdom ratify the Rotterdam Rules?
Question 3
Critically evaluate the nature and scope of the duty of fair presentation contained in
Part 2 of the Insurance Act 2015.
6
Internet Law and
Regulation
M3111
15
ESS, 4000 words (100%)
“This regulator is what I call “code” —the instructions embedded in the software
or hardware that makes cyberspace what it is. This code is the “built
environment” of social life in cyberspace. It is its “architecture.” And if in the
middle of the nineteenth century the threat to liberty was norms, and at the start
of the twentieth it was state power, and during much of the middle twentieth it
was the market, then my argument is that we must come to understand how in
the twenty-first century it is a different regulator—code—that should be our
current concern.” Lawrence Lessig, Code 2.0.
Critically assess this statement in light of Lessig’s Code theory, as well as
comparing it with other regulation theories.
6
Law & Aesthetics
M3117
30
CWK: Reflective Essay, 2000
words (30%)
ESS, 3000 words (70%)
Reflective Statement:
Reflective Log guidance attached
Essay:
'Artistic expression unites the division between law and politics'. Discuss in
relation to the role of expression in both protest and art and how this can
challenge our conception of law.
6
Law and
Development
M3112
15
ESS, 3000 words (100%)
Choose own title and see tutor. It will be important that you get the essay signed
off by Charlotte Skeet to ensure that the title is not the same/similar to the essay
title previously submitted for this module.
6
Law of Evidence
M3025
30
ESS, 4000 words (50%)
OPB, 3 hour (50%)
The current law on character evidence is unwieldy and complex. The law should
be reformed to allow all character evidence (whether good or bad) to be
admitted as evidence.’ Critically discuss.
6
Law and Policy of the M3031
EU Advanced
30
CWK: ESS, 3000 words (30%)
UEX, 3 hours (70%)
1. Critically analyse how easy is it to determine whether the principle of
subsidiarity has been violated by the Institutions of the EU. How commonly do
such violations occur?
2. Critically analyse what is the purpose of the Article 234 EC preliminary
reference procedure? Has it changed over time? Is it “fit for purpose”?
3. . ... a harmonisation of the systems of free movement seems to me to be
essential in the light of the requirements of genuine Union citizenship ... It would
be desirable for the same system to be applied to all the citizens of the Union
wishing to use their freedom of movement or freedom to move services, goods
or capital as well as their freedom to reside or to set up the seat of their activities
in the Community. Accordingly, any measure liable to impede or make less
attractive the exercise of these fundamental freedoms should be held to be
contrary to the Treaty' (Opinion of A.G. POIARES MADURO in Joined Cases C158104 & C-159104 Alfa Vita Vassilopoulos formerly Trofo Super-Markets)
(2006)).
Drawing examples from the free movement of goods and persons discuss how the
Court of Justice of the European Union has developed the free movement
principle in identifying obstacles to the free movement principle.
4. Critically analyse whether the concept of “Citizenship of the Union”
continues to be the fundamental basis for the free movement of persons in the
EU.
6
Law and the Creative M3114
Industries
30
ESS, 4000 words (50%)
UEX, 3 hour (50%)
‘At the end of 2007, Second Life's Aimee Weber (Alyssa LaRoche) became the
first avatar registered as a trade mark. “Aimee Weber” runs a design studio inworld, and has one of the most recognisable avatars in Second Life. She is also
reported to have a very considerable real-world income from this activity. The
application for the registered mark was filed on February 18, 2007, approved for
publication on July 7, 2007, and published for opposition on August 14. According
to “Weber”, no opposition was filed, and therefore the registration was granted
on November 6, 2007.…
[I]t is hard now to argue that virtual trademarks are not registrable; it is highly
possible that there will be many more examples in the years to come… There
seems to be no compelling argument to the effect that trade mark law should
not apply to virtual trade marks’
A Kotelnikov, ‘Trademarks and visual replicas of branded merchandise in virtual
worlds’, (2008) Intellectual Property Quarterly, p. 123.
Critically discuss these statements with reference to the effects of the exercise of
trade mark rights in the context of interactive entertainment.
6
Legal Theory
M3115
30
ESS, 4000 words (50%)
UEX, 3 hour (50%)
“‘Legal pluralism’ has a definite normative connotation, in that whatever is
designated by it must be good because it is pluralistic or, in any case, better than
whatever is its non-pluralistic counterpart. To my mind there is nothing
inherently good, progressive, or emancipatory about ‘legal pluralism’” (Santos,
Toward a New Legal Common Sense, p 89).
Discuss, drawing on relevant literature, the extent to which you agree with this
statement.
6
Media Law and
Regulation
M3104
15
ESS, 3000 words (100%)
“[N]ew technologies and behaviours are evolving more quickly than regulatory
protections and action will be required: to ensure a safer environment for
content accessed via the internet; and to ensure that public expectations of
content standards are met more broadly” (House of Lords Communications
Committee, 2013). What are the main challenges for regulation of media
content, and is greater regulation of digital media needed?
6
Public International
Law
M3045
30
ESS, 4000 words (50%)
UEX, 3 hour (50%)
Choose own title and see tutor. It will be important that you get the essay signed
off by the tutor to ensure that the title is not the same/similar to the essay title
previously submitted for this module.
6
Short Dissertation A
M3106
15
Dissertation, 5000 words (100%) See Supervisor
6
Short Dissertation B
M3113
15
Dissertation, 5000 words (100%) See Supervisor
6
Sex Law
M3032
15
ESS 5000 words (50%)
“Sexual activity is a private matter between the parties involved. As such, it
should not be legally regulated at all.”
Critically discuss this statement, in relation to one or more of the following
topics: rape and sexual assault; sexual activity involving mentally disordered
adults; same sex relationships; pornography; sex for payment; sadomasochism.
6
Sports Law
M3029
30
ESS 5000 words (50%)
UEX 3 hours (50%)
Though recognising the absolute need to respond to the challenges posed by
football crowds, football banning orders are excessive, unduly restrictive and
infringe on fundamental human rights.
Critically discuss this statement with reference to relevant legislative and judicial
authorities.
English Legal System
M3036 15/16
RESIT INFORMATION
2015/16 (Assessment Block 3 – AUGUST 2016)
You will be assessed on:
1. A Portfolio of Work (20%)
2. A Case Note (80%)
1000 WORDS
1500 WORDS
PORTFOLIO OF WORK
The portfolio of work is a REFLECTIVE STATEMENT of 1000 words which should discuss your development in relation to the learning outcomes of
the ELS module. You are expected to include specific reference, discussion and analysis of the various tasks you completed during the ELS module (eg the
library exercise, the court report and the MCQ).
You are not required to submit evidence of these tasks.
The portfolio accounts for 20% of the marks for this module.
CASE-NOTE
Please write a case note on the following case:
Hotak & Ors v London Borough of Southwark [2015] UKSC 30
A case-note is a piece of writing that reports the facts and legal decision in a case as well as a critical commentary and analysis.
The case note should be 1,500 words long (without references) and should be based on the original case transcript.
Make sure you use the neutral citation to find the correct case!
Your case-note must be properly referenced. Case-notes without pinpoint references or inadequate referencing will fail.
Ensure that you read the judgment carefully and that you have understood the relevant legal arguments and the responses of the different judges before
starting to write your case-note.
The case note accounts for 80% of the marks for this module.
M3117 - Law & Aesthetics
Reflective Log Guidance
Given that part of this course is dedicated to understanding some of the more practical uses of aesthetics in law, and law in aesthetics, which the majority of you may
not have thought about before, part of your assessment is to reflect upon the course and how successful it has been in explaining the links between aesthetics and
law. This piece gives you an opportunity to specifically relay your thoughts as to the engagement with practitioners and artists outside of the academy who have come
to visit you during your seminars, and what you learnt from them.
The reflective log should relate specifically to the learning outcomes of the module, such as:
1.
2.
3.
4.
how the course has relayed the importance of theoretical understandings in learning about the links between law and aesthetics, and the role of politics. What
was your favourite theorist and theory? Or did you have one that you disagreed with? What is your overall opinion on learning about aesthetic and political
theory in relation to law? Has the course changed your opinion, and what do you think about law and aesthetics now that you have learnt some more about
the topic?
an account of whether critical understanding of the methods and rationales for studying law and aesthetics together have been relayed to you sufficiently, is
this something you would consider to carry on thinking about and writing about? Has it changed your opinion of law, and indeed forms of art? Which was your
favourite visit from a thinker or an artist, your favourite seminars, and do you think the mixture of artists and academics explaining law and aesthetics to you is
a useful method of learning? Would this be a useful approach in other modules?
a specific part of the reflection should refer give a critical understanding of, both theoretically and practically, the role of aesthetics and therapy in criminal
justice and rehabilitation. Do you think art therapy and inclusive art practices are useful methods in helping individuals going through the criminal justice system,
to be able to recover and learn to live a better life? Can art and artistic expression heal wounds? Is it more useful for the defendants than the victims? Or do
you think it is too far-fetched? Give your critical insight and your opinion here. How did you respond to the practical with Sinna One?
a consideration of how studying law and aesthetics together can complement other modules you might be taking, or not, as the case may be (such as 'Law and
the Creative Industries', Legal Theory, IP and Media Law as the most linked examples). Evaluate the usefulness of the knowledge and skills acquired. Think, in
particular, about your longer-term study and career plans.
You will expected to reference, discuss and analyse of the various tasks you will complete during the module (e.g. making cut ups, art therapy practical, visits from
artists and thinkers). You will also be expected to give reference to the substantive legal material addressed during lectures and seminars where relevant (e.g. aesthetic
theory, art therapy, copyright, illegal music, case law and aesthetics and protest).
What was the value of each of the tasks completed?
What did you learn from these tasks?
What strengths and weaknesses did completion of the tasks reveal?
What did you find most and least enjoyable about the module? What did you find most interesting? What aspects of the module did you find most challenging?
Explain your answers.
To what extent are the knowledge and skills acquired relevant to other modules? What skills and knowledge have you acquired that have not been addressed in other
modules?