Postgraduate Course: Family Law (Practical Elective) (LAWS11441)
|School||School of Law
||College||College of Arts, Humanities and Social Sciences
|Credit level (Normal year taken)||SCQF Level 11 (Postgraduate)
||Availability||Not available to visiting students
|Summary||The course aims to provide students with an insight into the role of the family lawyer in Scotland. It will include sessions on family law specific Court procedure and the other key skills and documents employed by family lawyers. The course will take students through a typical scenario where a couple separate and will consider the key substantive family law issues including the legal issues that flow from separation and divorce including aliment, financial provision and the care arrangements for any child. It will also cover public child law. There will be a focus on the essential skills needed to be an effective family lawyer.
This course aims to develop your awareness of family law in Scotland and to prepare students for legal practice in their traineeship and beyond.
The objective of the course is to enhance your legal skills and knowledge in this area of the law. It is also aims to enhance and consolidate your knowledge, understanding and personal reflection on the Law Society of Scotland's PEAT 1 Mandatory and Core Outcomes, which you have already experienced and shall continue to experience on the Diploma core courses.
In particular, by the end of the elective, you should be confident that you will be able to:
(a) Describe the legal process for obtaining a divorce in Scotland.
(b) Provide advice and guidance about the various Alternative Dispute Resolutions options.
(c) Conduct a first meeting with the client, identify the pertinent issues and obtain all necessary information.
(d) Provide general advice on financial provision on divorce and prepare a schedule of matrimonial property.
(e) Identify and employ the specific family law court rules.
(f) Understand the role of Court reports and expert witnesses in child law disputes.
(g) Prepare for and conduct a Child Welfare Hearing
(h) Understand the purpose and standing of a Minute of Agreement and prepare a basic Minute of Agreement.
(i) Provide basic advice on public child law issues.
Entry Requirements (not applicable to Visiting Students)
||Other requirements|| None
Course Delivery Information
|Academic year 2022/23, Not available to visiting students (SS1)
||Block 4 (Sem 2)
|Learning and Teaching activities (Further Info)
Seminar/Tutorial Hours 21,
Summative Assessment Hours 1,
Other Study Hours 8,
Programme Level Learning and Teaching Hours 1,
Directed Learning and Independent Learning Hours
|Additional Information (Learning and Teaching)
On average, students are expected to spend four hours a week completing independent study activities
|Assessment (Further Info)
|Additional Information (Assessment)
||The Family law elective is assessed by continuous assessment. Students will receive a percentage mark for the whole course. «br /»
30% is based on performance in the 7 workshops. 70% is based on two assessments: one written and one oral.
||Feedback is provided to student in various forms. Students will receive verbal feedback from tutors on in-class presentations, general comments on class assignments when these are handed back in class and, in general, on class performance, mainly looking at the class as a whole. Students also receive specific written feedback on assignments, where necessary.
|No Exam Information
On completion of this course, the student will be able to:
- Describe the legal process for obtaining a divorce in Scotland. Provide general advice on financial provision on divorce and prepare a schedule of matrimonial property.
- Provide advice and guidance about the various Alternative Dispute Resolutions options. Conduct a first meeting with the client, identify the pertinent issues and obtain all necessary information.
- Identify and employ the specific family law court rules.
- Understand the role of Court reports and expert witnesses in child law disputes. Prepare for and conduct a Child Welfare Hearing. Provide basic advice on public child law issues.
- Understand the purpose and standing of a Minute of Agreement and prepare a basic Minute of Agreement
|Griffiths, Sutherland and McCarthy, Family Law (3rd Edition) |
Thomson, Family Law in Scotland (7th Edition)
Butterworths Scottish Family Law Service (available on Lexis Nexis)
Wilkinson and Norrie, The Law Relating to Parent and Child in Scotland (3rd Edition)
Bennett, Divorce and Dissolution of Civil Partnership in the Sheriff Court (9th Edition)
McPhail Civil Court Practice (3rd Edition)
Hennessy, Practical Advocacy in the Sheriff Court
Norrie, Children's Hearings in Scotland, (3rd Edition)
|Graduate Attributes and Skills
||All elective courses on the Diploma require students to develop the following skills:
Skills and abilities in Research and Enquiry
- problem solving
- analytical thinking
- critical thinking
- independent research
- the ability to handle complexity and ambiguity
Skills and abilities in Personal and Intellectual Autonomy
- ethics and social responsibility
- self-awareness and reflection
- independent learning and development
- creativity and inventive thinking
- decision making
Skills and abilities in Communication
- interpersonal skills
- verbal communication and presentation
- written communication
- influencing and negotiation skills
Skills and abilities in Personal Effectiveness
- planning, organising and time management
- commercial / professional / situational awareness
- team working
- assertiveness and confidence
|Additional Class Delivery Information
||Seven lectures, each lasting 1 hour.
Seven workshops, each lasting 2 hours.
Students will have a total of 3 contact hours each week through a combination of lectures and workshops.
Total of 21 contact hours
|Keywords||Diploma,Practical Elective,Family Law
|Course organiser||Ms Laura McBrien
|Course secretary||Ms Margaret Stewart
Tel: (0131 6)50 2004