Diploma in Legal Studies and Practice

On successful completion of this module, the learner will be able to display knowledge of the different jurisdictions of the Civil Courts, as well as a clear understanding of the fundamental principles and substantive rules of all branches of civil law dealt with on the syllabus. Students will express opinions on legal issues with concision and clarity and present and communicate legal arguments with clarity in private or public. They will also learn some of the more practical skills such as negotiation and good legal drafting expected of the modern legal executive and be able to apply the fundamental principles and substantive rules of civil law to practical factual scenarios.

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Upon successful completion of this module, learners should be able to explain the fundamental principles and substantive rules of constitutional law and discuss the legislative, judicial and executive functions of the State. Students will describe and define the various grounds for judicial review as well as the procedural aspects of the judicial review process. They will further be able to explain the impact of the European Convention on Human Rights on Irish Constitutional law and apply principles of constitutional law to a factual scenario. 

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On successful completion of this module, the learner will be able to explain the nature and purpose of Conveyancing; define the role of the professional in Conveyancing – estate agent, auctioneer, solicitor and counsel; explain the distinction between registered and unregistered land; outline the pre-contractual-formation of contract-completion continuum; discuss the law relating to mortgages; identify and use standard Land Law documents in practical Conveyancing scenarios, and describe what happens after the procedure and remedies for enforcement of the contract including how to identify the distinction between remedies for the enforcement of the contract and post-completion remedies.

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On successful completion of this module, the learner will be able to describe the Irish criminal system generally and the jurisdiction of the courts responsible for the implementation of that system; explain the criminal appeals system including the respective responsibilities of the Central Criminal Court, the Court of Appeal and the Circuit Court; describe the differing circumstances in which the summons procedure and the charge sheet procedure are employed and the purposes served by these alternative procedures; discuss important pre-trial procedures, and explain the practice and procedure applying to summary trials as well as trials on indictment.

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On successful completion of this module, the learner will be able to discuss the nature of criminality; identify and assess the central elements of a crime; identify, describe and evaluate the different types of criminal offence; discuss the defences available to a criminal offence and the constitutional rights such as trial and due process; apply the law regarding criminal offences and the defences to such charges to different factual situations; and discuss academic controversies in the field and the possibility of the reform of the law.

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On successful completion of this module, the learner will be able to explain the historical development of the Irish common law legal system, identify its main characteristics; discuss the doctrine of precedent and its importance within the Irish legal system; apply legal knowledge to solving basic legal problems; apply legal writing skills in addressing practical, professional scenarios; describe the civil, criminal and appellate jurisdictions of the different courts; explain the role of legal professionals: solicitors, barristers and legal executives; identify the various sources of law, (national, EU and international), custom and judicial decisions; and research legislation and case law. 

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Upon successful completion of this module, learners should be able to discuss the fundamental doctrines and principles of the law of contract; identify what constitutes a legally binding agreement for the purpose of the law of contract; define the terms which can constitute the contents of a contract including the role of the Constitution with regard to implied terms; define what factors may render an otherwise valid contract void or voidable; identify how a contract may be terminated; explain the remedies available within the Law of Contract, and apply contract law theory to different factual situations. 

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Upon successful completion of this module, learners should be able to explain the historical background to land law; describe the estates in land law, including the ability to distinguish particular estates; discuss the rules of land law, including engaging in analysis of these rules and proposals for reform, where applicable; assess judicial and legislative rules on land law; and analyse factual scenarios and be able to identify the estate, type of ownership, and particular rule of land law in question.

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On successful completion of this module, the learner will be able to explain the nature of a tort and define the characteristics of specific torts; define the different types of torts including negligence, defamation and Constitutional torts such as privacy; appraise the key elements of these torts; illustrate the remedies available in tort; define the different tests in Tort to deal with physical and psychiatric injuries; apply specific pieces of statute law that have updated and expanded on traditional tortuous reliefs at common law: for example, the Defamation Act 2009 and the Occupiers’ Liability; and assess factual scenarios and apply their understanding of Irish tort law to them. 

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On successful completion of this module, the learner will be able to discuss the core provisions of professional ethics and how it relates to other areas of law; explain the societal impact of professional ethics; interpret relevant case law and legislation; explain the procedure for the operation of client accounts; apply rules and principles of professional ethics to factual scenarios; and employ research skills and communicate effectively on matters of professional ethics. 

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On successful completion of this module learners should be able to discuss and review the concept of probate law; identify and appraise a valid will; describe and discuss the grounds on which a Grant of Probate or Letters of Administration can be extracted; explain the rights of spouses and children to the estate of the deceased; describe and evaluate the role of the executor, administrator, guardian, trustee, witness under a will; discuss the key elements of Probate Law in respect of the distribution of the deceased’s estate; and prepare the appropriate documentation to extract a Grant of Probate, Letters of Administration. 

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On successful completion of this module, the learner will be able to explain core terms and principles governing the Contract of Employment; define an employee and an independent contractor; explain and appraise the importance and application of restrictive covenants; describe the law on the termination of a contract of employment and identify key redundancy entitlements in Ireland; explain and discuss the law on health and safety and the law on equality in the workplace; explain and discuss specific protective legislation; discuss the law governing trade union activity; and explain the Institutions and Dispute Resolution Structures governing Employment Law in Ireland. 

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On successful completion of this module, learners should be able to define the differences between a limited liability company and a partnership; explain how a company is formed and describe the core concept of Limited Liability and separate legal personality, and the consequences of same; define the duties of company directors and recount their role in corporate governance; describe the enforcement mechanisms available where directorial misconduct is identified; outline the processes by which a company is wound up; classify liquidators, examiners and receivers, and explain the respective processes associated with each type of these processes; and illustrate the various charges which a company may create as part of corporate borrowing. 

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On successful completion of this module learners should be able to discuss and review the concept of marriage within the law; identify and appraise the rights and duties that flow from marriage; discuss the grounds for the dissolution of marriage, procedures for making a separation agreement, obtaining a judicial separation or divorce and describe how a nullity may be obtained; examine the law regarding matrimonial property and in particular its disposal on the breakdown of marriage; describe and examine the role of mediation in the area of family law; discuss the key areas of child law, including adoption, guardianship, custody, access, and the exercise by the State of its powers to take the child into care; and prepare the appropriate documentation to bring a case before the Irish family courts. 

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