Module LAW3165 for 2020/1
- Overview
- Aims and Learning Outcomes
- Module Content
- Indicative Reading List
- Assessment
Undergraduate Module Descriptor
LAW3165: Charity Law
This module descriptor refers to the 2020/1 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.
| 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).
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 |
|---|---|---|---|
| Case comment | 2,000 words | 4-9 | Individual written feedback |
| Plan for (first) summative essay | 500 words | 1, 3-4, 6-9 | Individual written and/or oral 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 |
|---|---|---|
| 100 | 0 | 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 |
|---|---|---|---|---|
| Either (i) Essay (40%) and Essay (60%) OR (ii) Essay (100%) | 100 | Essay (40%) 2,000 words and essay (60%) 3,000 words OR (ii) 5,000 words | 1-9 | Individual written feedback |
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 (for length, see notes below) | 1-9 | August/September reassessment period |
Re-assessment notes
The student may be assessed in the same form as the intended original assessment. Overall, the submitted summative assessments must satisfy either (i) or (ii) above, ie either two essays (one up to 2,000 words and worth 40%, the other up to 3,000 words and worth 60%) or one essay (up to 5,000 words and worth 100%). Due to eBART requirements, if option (i) is chosen, both essays must be submitted at the same time.
A 40% pass mark is required in respect of each essay submitted. So, for example, if a student submits an essay of 2,000 words, which is given 40% or more, but fails to submit a second essay or submits a second essay which fails to achieve 40%, re-assessment (by referral or deferral as appropriate) will be of a 3,000 word essay. Likewise, if a student submits an essay of 3,000 words, which is given 40% or more, but fails to submit a second essay or submits a second essay which fails to achieve 40%, re-assessment (by referral or deferral as appropriate) will be of a 2,000 word essay.
If a student submits a single essay of 5,000 words (option (ii)), which fails to achieve 40%, re-assessment (by referral or deferral as appropriate) may be either of a further 5,000 word essay or of two essays (option (i)), one of 2,000 words and one of 3,000 words.
