Civil and Criminal Litigation Practice (MLP) - BHL0068

Assessment 1: Other

Activities providing opportunities for formative assessment will generally be integrated into the teaching and learning process and apply to all components of summative assessment.  The nature of the formative assessment tasks used will be at the discretion of the tutor, to include for example, workshop exercises, quizzes, group discussions. 

Other

Assessment 2: Exam

Criminal Litigation Exam 
Exams Undertaken as 5 hour block. The course skills elements of Practical Legal Research and Advocacy are assessed via the MSD for BHL0073 – Course Skills which is taught within this module.

Exam

Assessment 1: Exam

Civil Litigation Exam 
Exams Undertaken as 5 hour block. The course skills elements of Practical Legal Research and Advocacy are assessed via the MSD for BHL0073 – Course Skills which is taught within this module.

Course Skills 1 (MLP)

BHL0073 - Course Skills 1 (MLP)

On completion of the Civil and Criminal Litigation element of this module, the student should have an appreciation of the nature of civil and criminal litigation, should be able to identify the critical steps in the process of litigation and should have gained experience through practice of the key stages of litigation. 
Skills development is woven throughout the whole of this module: the delivery will enhance skills in letter writing, drafting, researching, interviewing and advising and advocacy.

Huddersfield Business School

<a href="https://library.hud.ac.uk/readinglists/BHL0068">https://library.hud.ac.uk/readinglists/BHL0068</a>

BHL0068 - Civil and Criminal Litigation Practice (MLP)

Civil and Criminal Litigation Practice (MLP)

In relation to Criminal Law and Practice:

- demonstrate an understanding of the Criminal Procedure Rules, their overriding objective, and their application;
- demonstrate an understanding of the court’s role in the litigation process, in particular the court’s case management powers and duties;
- demonstrate an awareness of police station representative accreditation schemes, and the court duty solicitor scheme;
- explain the custody, review and detention limits under PACE and the role of the custody officer;
- identify the steps involved in making an application for a representation order;
- identify the steps involved in making or contesting a bail application;
- identify the practical and tactical considerations involved in determining the mode of trial, including an awareness of the range of sentences available, and advise the client accordingly;
- assist in the preparation and conduct of a summary trial, committal proceedings and a trial on indictment;


Understand the importance of preparation and the best way to undertake it;

Understand the basic skills in the presentation of cases before courts and tribunals;

In relation to Civil Litigation and Dispute Resolution:

-identify the appropriate forum for the resolution of the dispute, including appropriate methods of alternative dispute resolution;
- identify possible cost consequences of different outcomes, the effect of the different costs rules and the impact of the likely costs orders on the conduct of litigation;
- demonstrate an understanding of the Civil Procedure Rules, the overriding objective and their application;
- demonstrate an understanding of the court’s role in the litigation process, in particular the court’s case management powers and duties;
- identify steps to be taken prior to commencement and be able to issue, serve and respond to claim forms;
- advise on interim applications, prepare and conduct applications to the master or district judge;
- understand the steps needed to prepare the case for trial and the procedure and evidential issues arising from expert witnesses, witnesses of fact and disclosure, and demonstrate an awareness of the basic elements of trial procedure;
- demonstrate an awareness of the mechanisms which are available to enforce and appeal a judgment;
- prepare the appropriate documentation and draft claim forms, particulars of claim, defences, application notices, orders and witness statements.


Recognise and act within the rules of professional conduct;

Demonstrate the ability to:

- identify possible courses of action, demonstrate an awareness of the legal and non-legal; consequences of selecting a course of action and advise the client on the attendant costs, benefits and risks;
- advise the client on the different ways of funding litigation, including the availability of public funding.


Investigate and identify the relevant facts, research and identify the relevant legal issues, and advise the client on the legal consequences;

Identify the steps and strategies that need to be taken in the preparation and conduct of litigation.

Identify the client’s reasonable expectations as to quality and timeliness of service; 

Identify the client's goals and alternative means of achieving those goals, and deal appropriately with client care;

Identify the overall nature of the transaction or matter, then plan and progress that transaction or matter through a series of steps and decisions including, where appropriate, drafting documentation;

Understand the nature of civil and criminal litigation;

Use the legal knowledge, skills, procedures and behaviours appropriate to each client and each transaction matter;

Undertake case analysis and demonstrate they are able to analyse factual material, identify the legal context in which factual issues arise, relate the central legal and factual issues to each other and be able to:

- identify the elements of selected causes of action and criminal charges;
- identify, analyse and, if necessary, research the propositions of fact going to the elements and be able to identify, analyse, secure and preserve evidence to support propositions of fact;
- identify, analyse and advise on the admissibility and relevance of evidence and assess the strengths and weaknesses of each side’s case including, where appropriate, the opponent’s evidence.


Understand and identify the critical steps in the process of litigation;