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Description
This free course, Legal skills and debates in Scotland, explores the role, function and purpose of the courts in Scotland and their relationship with the law.
You will gain an understanding of both the complexity of issues in the application and interpretation of law, and of human rights and their role in Scotland. Following this course, you will also be able to explain and demonstrate a number of skills, including problem solving, argument and reasoning.
Enrolling on the course will give you the opportunity to earn an Open University digital badge. Badges are not accredited by The Open University but they're a great way to demonstrate your interest in the subject and commitment to your career, and to provide evidence of continuing professional development.
Once you are signed in, you can manage your digital badges online from My OpenLearn. In addition, you can download and print your OpenLearn statement of participation - which also displays your Open University badge.
Earn this free Open University digital badge if you complete this course! The badge can be displayed, shared and downloaded as a marker of your achievement. The badge is awarded for completing the course and passing the quizzes.
Course learning outcomes
After studying this course, you should be able to:
- Understand the complexity of issues in the application and interpretation of law
- Have an understanding of human rights and their role in Scotland
- Be able to explain and demonstrate a number of skills such as problem solving, argument and reasoning.
Course Curriculum
- Introduction and guidance 00:20:00
- What is a badged course? 00:20:00
- How to get a badge 00:10:00
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- Introduction 00:10:00
- What is law? 00:15:00
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- The ideal of law 00:10:00
- The idea of law 00:15:00
- Thinking about law 00:15:00
- Law or morality 00:25:00
- Differences between law and morality 00:10:00
- The relationship between law and morals 00:25:00
- Introduction 00:07:00
- Legislation: an introduction 00:45:00
- Statutory interpretation: the rules 00:10:00
- The literal rule 00:15:00
- The golden rule 00:15:00
- The mischief rule 00:20:00
- Criticisms and reviews 00:15:00
- The purposive approach 00:25:00
- Summary 00:07:00
- Reasoned argument 00:05:00
- What is an argument? 00:20:00
- Identifying the argument 00:10:00
- Analysing the argument 00:25:00
- Different ways of formulating an argument 00:15:00
- The logic of the argument 00:07:00
- The importance of evidence in the argument 00:15:00
- Developing your own argument 00:25:00
- Introduction 00:10:00
- Inductive reasoning 00:25:00
- Reasoning by analogy 00:15:00
- Parliament and the judiciary 00:10:00
- The relationship between the courts, the executive and Parliament 00:10:00
- The declaratory theory and judicial deference 00:10:00
- The declaratory theory of law 00:10:00
- Judicial deference 00:20:00
- Questioning parliamentary sovereignty 00:10:00
- The extent of judicial power 00:20:00
- Summary 00:07:00
- The facts 00:20:00
- Finding the ratio decidendi 00:45:00
- The judgments 00:30:00
- The reasoning 00:30:00
- Summary 00:10:00
- What are human rights? 00:30:00
- When does a right become a human right? 00:10:00
- The Universal Declaration of Human Rights (UDHR) 00:30:00
- The Human Rights Act 1998 (HRA 1998) 01:15:00
- Your human rights 00:20:00
- Human rights in Scotland: a leading light 00:25:00
- Summary 00:10:00
- Capacity 00:15:00
- Historical position 00:15:00
- The present situation 00:25:00
- Capacity and the courts 00:25:00
- Employment of a child 00:25:00
- Summary 00:07:00
- Legal skills 00:05:00
- Problem-solving 00:30:00
- Thinking about legal writing 00:30:00
- Finally: is it all about justice? 00:20:00
- Summary 00:10:00
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