Module LAW3164 for 2018/9
- Overview
- Aims and Learning Outcomes
- Module Content
- Indicative Reading List
- Assessment
Undergraduate Module Descriptor
LAW3164: Conflict of Laws
This module descriptor refers to the 2018/9 academic year.
Module Aims
This module aims to enable you to:
1. identify the main issues involved in conflict of laws scenarios;
2. analyse and apply the domestic, European and international rules pertaining to jurisdiction, choice of law and recognition/enforcement of foreign judgments in cross-border situations;
3. understand the connection between domestic, European and international rules of conflict of laws, and determine which set of rules should be applied in a given situation;
4. critically assess the strengths and weaknesses of the various domestic, European and international rules of private international law, and the difficulties involved in applying different sets of rules to similar case scenarios.
On successfully completing the programme you will be able to: | |
---|---|
Module-Specific Skills | 1. demonstrate comprehensive knowledge and understanding the main concepts, values and principles relating to the conflict of laws. 2. analyse and compare the principal rules and theories relating to the conflict of laws. 3. identify, explain and critically evaluate key issues related to the conflict of laws and to apply relevant rules and theories. |
Discipline-Specific Skills | 4. demonstrate flexible ability to define complex legal problems, identify their relative significance and select appropriate methods for investigating and critically evaluating them. 5. apply legal knowledge to a problem/ case study and to suggest a conclusion supported by relevant arguments. 6. develop your capacity to effectively use both written and oral communication skills in assessed work and workshops. |
Personal and Key Skills | 7. demonstrate a capacity to confidently tackle legal problems by means of a practical problem solving approach in role-play situations and to use effective debating skills. 8. demonstrate good library-based and internet-based research skills. 9. work independently, within a limited time frame, and without access to external sources, to complete a specified task. |
Module Content
Syllabus Plan
Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:
- Jurisdiction under EU instruments of private international law
- Jurisdiction of English courts under the traditional rules
- Stays of English proceedings
- Restraining foreign proceedings
- Conflict of laws rules
- Renvoi
- Proof of foreign law
- Exclusion of foreign law
- Recognition and Enforcement of foreign judgments under EU instruments of private international law
- Recognition and Enforcement of foreign judgments under the traditional rules
Learning and Teaching
This table provides an overview of how your hours of study for this module are allocated:
Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
---|---|---|
55 | 245 |
...and this table provides a more detailed breakdown of the hours allocated to various study activities:
Category | Hours of study time | Description |
---|---|---|
Scheduled Learning and Teaching Activity | 43 | 21 x 2 hour & 1 x 1 hour Lectures |
Scheduled Learning and Teaching activity | 12 | 6 x 2 hour Workshops |
Guided Independent Study | 120 | Individual reading and lecture preparation |
Guided Independent Study | 35 | Workshop preparation |
Guided Independent Study | 80 | Assessment preparation |
Guided Independent Study | 10 | Formative preparation |
Online Resources
This module has online resources available via ELE (the Exeter Learning Environment).
How this Module is Assessed
In the tables below, you will see reference to 'ILO's. An ILO is an Intended Learning Outcome - see Aims and Learning Outcomes for details of the ILOs for this module.
Formative Assessment
A formative assessment is designed to give you feedback on your understanding of the module content but it will not count towards your mark for the module.
Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
---|---|---|---|
One essay/assignment plan | 1,000 words max | 1-6, 8-9 | Written feedback & verbal feedback on request |
Workshops involving problem solving questions and topics for discussion and debate. | 6 x 1.5 hour workshops | 1-9 | Verbal feedback |
Summative Assessment
A summative assessment counts towards your mark for the module. The table below tells you what percentage of your mark will come from which type of assessment.
Coursework | Written exams | Practical exams |
---|---|---|
50 | 50 | 0 |
...and this table provides further details on the summative assessments for this module.
Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
---|---|---|---|---|
Essay | 50 | 3000 words | 1-6, 8-9 | Written feedback & verbal feedback on request |
Examination | 50 | 2 hours 15 minutes | 1-6, 8-9 | Written feedback & verbal feedback on request |
0 | ||||
0 | ||||
0 | ||||
0 |
Re-assessment
Re-assessment takes place when the summative assessment has not been completed by the original deadline, and the student has been allowed to refer or defer it to a later date (this only happens following certain criteria and is always subject to exam board approval). For obvious reasons, re-assessments cannot be the same as the original assessment and so these alternatives are set. In cases where the form of assessment is the same, the content will nevertheless be different.
Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
---|---|---|---|
Essay | Essay | 1-6, 8-9 | August/September re-assessment period |
Examination | Examination | 1-6, 8-9 | August/September re-assessment period |
Indicative Reading List
This reading list is indicative - i.e. it provides an idea of texts that may be useful to you on this module, but it is not considered to be a confirmed or compulsory reading list for this module.
- J. Hill & M. Ní Shúilleabháin, Clarkson & Hill’s Conflict of Laws (5th edn, OUP 2016)
- D. McClean & V. Ruiz, The Conflict of Laws (9th edn, Sweet & Maxwell, 2016)
- A. Briggs, Private international law in the English courts (OUP, Oxford 2014)
- P. Rogerson, Collier's conflict of laws (4th edn, CUP, Cambridge 2013)
- Dicey, Morris & Collins on the Conflict of Laws (15th edn, Sweet & Maxwell, 2012; also available on Westlaw)
- J. J. Fawcett, J. M. Carruthers & North, Cheshire , North & Fawcett Private International Law (14th edn, OUP, Oxford, 2008)