100 Most Popular Courses For October

Class Central is learner-supported. When you buy through links on our site, we may earn an affiliate commission.

OpenLearn

Legal skills and debates in Scotland

via OpenLearn

Go to class Write review

Overview

This free course, Legal skills and debates in Scotland, explores the role, function and purpose of the courts in Scotland and their relationship with the law. You will gain an understanding of both the complexity of issues in the application and interpretation of law, and of human rights and their role in Scotland. Following this course, you will also be able to explain and demonstrate a number of skills, including problem solving, argument and reasoning.TranscriptEnrolling on the course will give you the opportunity to earn an Open University digital badge. Badges are not accredited by The Open University but they're a great way to demonstrate your interest in the subject and commitment to your career, and to provide evidence of continuing professional development.Once you are signed in, you can manage your digital badges online from My OpenLearn. In addition, you can download and print your OpenLearn statement of participation - which also displays your Open University badge. This course is accredited by the CPD Standards Office. It can be used to provide evidence of continuing professional development and on successful completion of the course you will be awarded 24 CPD points. Evidence of your CPD achievement is provided on the free Statement of Participation awarded on completion.Anyone wishing to provide evidence of their enrolment on this course is able to do so by sharing their Activity Record on their OpenLearn Profile, which is available before completion of the course and earning of the Statement of Participation.  

Syllabus

  • Introduction and guidance
  • Introduction and guidance
  • What is a badged course?
  • How to get a badge
  • Acknowledgements
  • Week1Week 1: What is law?
  • Introduction
  • 1 What is law?
  • 2 The ideal of law
  • 2.1 The idea of law
  • 3 Thinking about law
  • 3.1 Law or morality
  • 3.2 Differences between law and morality
  • 3.3 The relationship between law and morals
  • 4 Law and justice
  • 4.1 Substantive justice
  • 4.2 Formal justice
  • 5 This week’s quiz
  • 6 Summary
  • References
  • Acknowledgements
  • Week2Week 2: Legislation
  • Introduction
  • 1  Legislation: an introduction
  • 2  Legislation and the Scottish Parliament
  • 2.1  Within competence?
  • 2.2  Invalidity in proceedings
  • 2.3  Powers to intervene
  • 2.4  Interpretation sections
  • 2.5  Interpretation and Legislative Reform (Scotland) Act 2010
  • 2.6  Section 101 of the Scotland Act 1998
  • 3  Statutory interpretation: the rules
  • 3.1  The literal rule 
  • 3.2  The golden rule
  • 3.3  The mischief rule
  • 3.4  Criticisms and reviews
  • 3.5  The purposive approach
  • 4 This week’s quiz
  • 5 Summary
  • References
  • Acknowledgements
  • Week3Week 3: Argument and precedent
  • Introduction
  • 1  Reasoned argument
  • 1.1  What is an argument?
  • 1.2  Identifying the argument
  • 1.3  Analysing the argument
  • 1.4  Different ways of formulating an argument
  • 1.5  The logic of the argument
  • 1.6  The importance of evidence in the argument
  • 1.7  Developing your own argument
  • 2  The Courts and precedent
  • 2.1  Precedent
  • 2.2  Ratio decidendi and obiter dictum
  • 2.2.1  Ratio decidendi
  • 2.2.2  Obiter dictum
  • 2.3  Avoiding precedent
  • 2.3.1  Overruling
  • 2.3.2  Distinguishing
  • 3 This week’s quiz
  • 4 Summary
  • References
  • Acknowledgements
  • Week4Week 4: Judicial reasoning
  • Introduction
  • 1  Judicial decision-making and logical reasoning
  • 1.1  Three forms of logical reasoning
  • 1.1.1  Deductive reasoning
  • 1.2  Inductive reasoning and reasoning by analogy
  • 1.2.1  Inductive reasoning
  • 1.2.2  Reasoning by analogy
  • 2  Logic and the law
  • 2.1  Reasoning the law
  • 3  Parliament and the judiciary
  • 3.1  The relationship between the courts, the executive and Parliament
  • 3.2  The declaratory theory and judicial deference
  • 3.2.1  The declaratory theory of law
  • 3.2.2  Judicial deference
  • 3.2.3  Questioning parliamentary sovereignty
  • 3.2.4  The extent of judicial power
  • 4 This week’s quiz
  • 5 Summary
  • References
  • Acknowledgements
  • Week5Week 5: The case of Donoghue v Stevenson [1932] AC 562
  • Introduction
  • 1  The facts
  • 1.1  Finding the ratio decidendi
  • 1.2  The judgments
  • 1.3  The reasoning
  • 2 This week’s quiz
  • 3 Summary
  • References
  • Acknowledgements
  • Week6Week 6: Human rights
  • Introduction
  • 1  What are human rights?
  • 1.1  When does a right become a human right?
  • 2  The Universal Declaration of Human Rights (UDHR)
  • 3  The European Convention on Human Rights (ECHR)
  • 3.1  The background
  • 3.2  The rights in the ECHR
  • 3.3  Balancing rights
  • 4  The Human Rights Act 1998 (HRA 1998)
  • 4.1  Your human rights
  • 5  Human rights in Scotland: a leading light
  • 6 This week’s quiz
  • 7 Summary
  • References
  • Acknowledgements
  • Week7Week 7: Children, capacity and the law
  • Introduction
  • 1  Children and the law
  • 2  Capacity
  • 2.1  Historical position
  • 2.2  The present situation
  • 2.3  Capacity and the courts
  • 3  Employment of a child
  • 4 This week’s quiz
  • 5 Summary
  • References
  • Acknowledgements
  • Week8Week 8: Legal skills
  • Introduction
  • 1  Reflections on law
  • 2  Legal skills
  • 2.1  Problem-solving
  • 2.2  Thinking about legal writing
  • 3  Finally: is it all about justice?
  • 4 This week’s quiz
  • 5 Summary
  • Tell us what you think
  • References
  • Acknowledgements

Reviews

4.1 rating at OpenLearn based on 12 ratings

Start your review of Legal skills and debates in Scotland

Go to class

Never Stop Learning.

Get personalized course recommendations, track subjects and courses with reminders, and more.

Sign up for free
Someone learning on their laptop while sitting on the floor.