Undergraduate Module Descriptor

LAW3165: Charity Law

This module descriptor refers to the 2019/0 academic year.

Module Aims

The module aims to provide you with an in-depth knowledge of a range of legal issues concerning the charity sector. Drawing on a broad and international literature, including the published and active research of the module lecturer(s), this module will encourage you to learn critically and communicate clearly, both orally and in writing. It will also improve your skills of legal analysis and legal argument, engage you in philosophical and legal debate, and invite you to consider carefully the process of legal development and questions of policy.

Intended Learning Outcomes (ILOs)
This module's assessment will evaluate your achievement of the ILOs listed here – you will see reference to these ILO numbers in the details of the assessment for this module.
On successfully completing the programme you will be able to:
Module-Specific Skills	1. Demonstrate a detailed knowledge of certain aspects of the law relating to charities 2. Identify, explain and critically evaluate key issues in the law of charities and to apply relevant rules and principles established by case law and statute
Discipline-Specific Skills	3. Apply legal knowledge and understanding to a task and to suggest a conclusion supported by relevant argument and authority 4. Integrate and assess information from primary and secondary legal sources, using appropriate interpretative and evaluative techniques 5. Select, integrate and present relevant law and legal argument coherently and reflectively, orally and in writing
Personal and Key Skills	6. Develop own arguments and opinions with minimum guidance 7. Communicate and engage in debate and legal analysis, accurately and effectively, orally and in writing 8. Identify, retrieve and use efficiently a range of legal resources with minimum guidance 9. Work independently and manage time efficiently in preparing for scheduled activities, including seminars, and formative and summative assessments

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:

Legal forms of civil society or non-profit organisations and the significance of charity in the not-for-profit sector; the role of charity trustees; charitable fundraising and appeals; investment of charitable funds; fiscal treatment of charities
The legal meaning and definition of charity; the advantages and disadvantages of a statutory definition; alternative approaches to defining ‘charity’, eg based on notions of altruism or public goods or autonomy
Religion and charity: the historical connection; judicial approaches towards religion; the definition of religion; the meaning of ‘advancement of religion’ and the merits of its inclusion as a charitable purpose
The impact of charities charging fees for their services; the place of poverty in charity
The interface between politics and charity: the meaning of ‘political purposes’ and the rationale for their exclusion from charity; the scope for charities to be involved in political campaigning
Charity and discrimination: the freedom for charities to select beneficiaries according to defined characteristics
Alternative approaches to charity (including in relation to questions concerning religion, politics and fee-charging) in other jurisdictions, such as Australia, New Zealand, Canada, Ireland, Northern Ireland and Scotland
Regulation of the charitable sector: the Charity Commission; registration, reporting and auditing requirements; the Charity Tribunal; the doctrine of cy-près

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
56	244	0

...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	32	Lectures (16 x 2 hours)
Scheduled Learning and Teaching Activity	16	Seminars (8 x 2 hours)
Scheduled Learning and Teaching Activity	8	Drop-in sessions (8 x 1 hour) +
Guided Independent Study	16*	Reading in advance of lectures
Guided Independent Study	80*	Reading and preparation for seminars
Guided Independent Study	16*	Consolidating learning post-seminar
Guided Independent Study	28*	Reading and preparation for case note
Guided Independent Study	18*	Preparation of essay plan
Guided Independent Study	86*	Research, planning and execution of summative essay(s)
+ Drop-in sessions are designed for module-specific queries and discussions. You are welcome to attend with specific queries or to discuss proposed summative topics or completed formatives, or simply to discuss charity-related matters.
* For guided independent study, the hours spent on each task are for guidance only and may vary depending on your own study needs and learning style.

Online Resources

This module has online resources available via ELE (the Exeter Learning Environment).