Module Details
Module Code: |
LEGS8009 |
Title: |
Essentials of Law
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Long Title:
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Essentials of Law
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NFQ Level: |
Advanced |
Valid From: |
Semester 1 - 2018/19 ( September 2018 ) |
Field of Study: |
3800 - Law
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Module Description: |
This module will provide learners with a sound understanding of the legal framework governing business in an international context, with a particular emphasis on the European and International legal framework governing the aviation industry. The module will begin by considering the fundamentals of the law and different legal systems. It will then focus on key legal principles of European and International Law and their application to a range of substantive legal issues pertaining to civil aviation.
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Learning Outcomes |
On successful completion of this module the learner will be able to: |
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Learning Outcome Description |
LO1 |
Explain a range of definitions of Law and the evolution of various legal systems, with reference to different categories and sources of law, including national, European and international law. |
LO2 |
Discuss key EU institutions, principles and policies and developments in the substantive law of the European Union with special reference to the single market for aviation. |
LO3 |
Examine the public international legal framework governing international business transactions and disputes, with particular attention paid to International Conventions and Agreements governing aviation. |
LO4 |
Examine the legal framework governing civil disputes in an international context and apply the legal rules to resolve problem based case studies. |
LO5 |
Analyse the different categories of employment contract and key national and European laws regulating both individual and selected collective labour law while applying these legal rules to resolve problem based case studies. |
LO6 |
Analyse the relevance of legal rules relating to Information and Communications Technology to aviation and apply these legal rules to resolve problem based case studies. |
Dependencies |
Module Recommendations
This is prior learning (or a practical skill) that is strongly recommended before enrolment in this module. You may enrol in this module if you have not acquired the recommended learning but you will have considerable difficulty in passing (i.e. achieving the learning outcomes of) the module. While the prior learning is expressed as named MTU module(s) it also allows for learning (in another module or modules) which is equivalent to the learning specified in the named module(s).
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Incompatible Modules
These are modules which have learning outcomes that are too similar to the learning outcomes of this module. You may not earn additional credit for the same learning and therefore you may not enrol in this module if you have successfully completed any modules in the incompatible list.
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No incompatible modules listed |
Co-requisite Modules
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No Co-requisite modules listed |
Requirements
This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed. You may not enrol on this module if you have not acquired the learning specified in this section.
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No requirements listed |
Indicative Content |
Legal Systems and Sources of Law
This introductory part of the module will introduce the concept of law and its relevance to international business through an examination of Definitions of Law. It will adopt a comparative approach through discussion of topics such as the distinction between different legal systems, e.g. common law and civil law systems. Different classifications of law, e.g. public, private, substantive, procedural, international. The range of sources of law and the relationship between these sources.
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Law of the European Union
The principles and rules of the European Union will be introduced - origins, institutions, sources and relationship with both national and international law (supremacy and direct effect), highlighting the increasing relevance of EU law for international business. This section will then deal with substantive EU laws, policies and cases in the field of aviation. Topics will include the creation of the internal market for aviation, the protection of passenger rights, the protection of the environment and the application of EU competition law to the air transport industry.
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Public International Law
Public International Law. Relationships between sovereign states. The provisions and legal status of International Conventions and agreements governing aviation will be analysed, including the 1944 Chicago Convention, the 1929 Warsaw Convention, the 1999 Montréal Convention on carriers' liability and the 1963 Tokyo Convention on crimes committed on board aircraft.
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Civil Disputes in an International Context
The role of private law and dispute resolution in international business. Essential principles of Contract Law and Tort Law (civil liability) in international transactions. Conflicts of laws. Jurisdictional, Choice of Forum and Enforcement issues involved in global litigation. Relevant EU and International harmonising measures, e.g. the "Rome I" Regulation, the Brussels Recast Regulation and the Hague Choice of Court Convention. International Dispute Resolution and International Arbitration.
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Labour Law
This section will examine core principles governing a range of legal issues affecting the relationships existing between different categories of workers and employers, with a particular emphasis being placed on the impact of European Union Law throughout. Distinguishing between different types of worker, in particular employees and independent contractors and comparing the rights and status of each. Identifying the nature and terms of the employment contract. Issues relating to the Termination of Employment, Employment Equality and Health & Safety will be discussed. Elements of collective labour law and industrial relations relevant to the aviation industry will also be explored from a legal perspective.
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Information, Communication and Technology Law
The application and relevance of legal rules relating to Information Communication and Technology to international business. Approaches to cybercrime. The meaning and significance of intellectual property. Different categories of intellectual property. The legal protection afforded to copyright, patent and trademarks. Privacy and the changing Data Protection legal landscape will also be examined.
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Module Content & Assessment
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Assessment Breakdown | % |
Coursework | 100.00% |
Assessments
No End of Module Formal Examination |
Reassessment Requirement |
Coursework Only
This module is reassessed solely on the basis of re-submitted coursework. There is no repeat written examination.
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The University reserves the right to alter the nature and timings of assessment
Module Workload
Workload: Full Time |
Workload Type |
Contact Type |
Workload Description |
Frequency |
Average Weekly Learner Workload |
Hours |
Lecture |
Contact |
Delivery of content and material underpinning learning outcomes |
Every Week |
3.00 |
3 |
Independent & Directed Learning (Non-contact) |
Non Contact |
Reading, study and related assignments |
Every Week |
11.00 |
11 |
Total Hours |
14.00 |
Total Weekly Learner Workload |
14.00 |
Total Weekly Contact Hours |
3.00 |
Workload: Part Time |
Workload Type |
Contact Type |
Workload Description |
Frequency |
Average Weekly Learner Workload |
Hours |
Lecture |
Contact |
Delivery of content and material underpinning learning outcomes |
Every Week |
3.00 |
3 |
Independent & Directed Learning (Non-contact) |
Non Contact |
Reading, study and related assignments |
Every Week |
11.00 |
11 |
Total Hours |
14.00 |
Total Weekly Learner Workload |
14.00 |
Total Weekly Contact Hours |
3.00 |
Module Resources
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Recommended Book Resources |
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Vaeni MacDonald. (2015), An Introduction to Irish Business Law, 2nd. Chartered Accountants Ireland, [ISBN: 9781910374337].
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Áine Keenan. (2012), Essentials of Irish Business Law, 6th. Gill Education, [ISBN: 9780717152612].
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Barnard and Peers. (2017), European Union Law, 2nd. Oxford, [ISBN: 9780198789130].
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Giemulla, E. and Weber, L.. (2011), International and EU Aviation Law. Selected Issues, Kluwer Law International, [ISBN: 9789041126450].
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Tully. (2014), Tort Law in Ireland, 1st. Clarus, [ISBN: 9781905536696].
| Supplementary Book Resources |
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Byrne and McCutcheon. (2014), Irish Legal System, 6th. Bloomsbury, [ISBN: 9781780435008].
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Kenneally and Tully. (2013), The Irish Legal System, 1st. Clarus, [ISBN: 9781905536580].
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Thuillier and Mac Daid. (2015), Business Law in Ireland, 1st. Clarus, [ISBN: 9781905536771].
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Murphy and Regan. (2017), Employment Law in Ireland, 2nd. Bloomsbury, [ISBN: 9781847663764].
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Kennedy and Murphy. (2017), Information and Communication Technology Law in Ireland, 1st. Clarus, [ISBN: 9781905536962].
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Enright. (2007), Principles of Irish Contract Law, 1st. Clarus, [ISBN: 9781905536108].
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Fidelma White. (2012), Commercial Law, Round Hall, [ISBN: 9781858006321].
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Barnard, C.. (2012), EU Employment Law, 4th. Oxford University Press, [ISBN: 9780199692927].
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Craig and de Búrca. (2015), EU Law: Text, Cases and Materials, 6th. Oxford University Press, [ISBN: 9780198714927].
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De Cruz, P.. (2008), Comparative Law in a Changing World, 3rd. Routledge, [ISBN: 9781859419366].
| This module does not have any article/paper resources |
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Other Resources |
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Website, electronic Irish Statute Book (eISB),
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Website, The Convention of the Constitution,
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Website, Workplace Relations,
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Website, British and Irish Legal Information
Institute (BAILII),
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Website, Official Website of the European Union,
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Website, Companies Registration Office,
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Website, Data Protection Commissioner,
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Website, European Commission. European Civil Aviation Handbook,
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