Applied Law: Theory Meets Practice

Applied Law is a qualification for those who want to pursue a career in law or progress into higher education. The course provides an introduction to the legal sector, dispute solving in civil law, and criminal law and the legal system. It helps develop cognitive and problem-solving skills, as well as intrapersonal and interpersonal skills. Applied Law qualifications are highly valued by employers due to the critical thinking and analytical skills they promote. The qualification can lead to careers in the legal profession, such as barristers, solicitors, legal executives, and paralegals, as well as in the commercial sector, business, finance, social welfare, and human resources management.

Dispute solving in civil law

Applied law is a term used to refer to the practical application of law in professional contexts, such as in the work of solicitors and other legal personnel. It involves understanding the skills and work involved in legal careers. For example, a course in applied law will cover aspects of legal liability in criminal and civil law, as well as dispute-solving methods.

The civil litigation process typically involves several stages:

• Pleadings: The plaintiff files a complaint, and the defendant responds with an answer or a motion to dismiss.
• Discovery: Both parties exchange information and gather evidence to build their cases.
• Pre-Trial Motions: Either party can file motions requesting specific actions from the court, such as motions to dismiss or motions for summary judgment.
• Mediation: Before the trial, the parties may attempt to resolve their disputes through mediation or alternative dispute resolution (ADR). A neutral third party facilitates communication and negotiation between the parties to reach a mutually acceptable agreement.
• Trial: If the case proceeds to trial, both parties present their arguments, evidence, and witnesses before a judge or jury, who then decides the outcome based on the facts and applicable law.
• Post-Trial Motions and Appeals: The losing party may file post-trial motions, such as motions for a new trial, and if unsatisfied, they can appeal to a higher court.

Alternative dispute resolution (ADR) is a growing field within dispute-solving in civil law. It includes methods such as arbitration, collaborative law, and mediation, which provide extrajudicial processes for resolving conflicts between individuals, businesses, and other entities. ADR is often chosen for its flexibility, lower costs, and speed of resolution. However, some critics argue that it may not offer the same level of fairness, especially when there is a power imbalance between the parties involved.

Criminal law and the legal system

Applied law is a term used to describe the practical application of legal knowledge. It involves understanding the work and skills involved in legal careers and developing the capacity to offer legal advice and guidance. Criminal law and the legal system are fundamental aspects of applied law, playing a crucial role in safeguarding society and upholding justice.

Criminal law is a distinct branch of law that deals with crimes and the punishment of individuals who commit them. It is concerned with conduct that is perceived as threatening, harmful, or endangering to people's property, health, safety, and welfare. This includes a wide range of offences, from murder and assault to theft and drug offences.

The criminal law system in the United States is complex and involves various players, including police officers, prosecutors, public defenders, and judges. Each step of the process is carefully designed to uphold constitutional rights and ensure due process. The system regulates how those suspected of crimes are apprehended, charged, and tried, balancing the need for public safety with the protection of individual liberties.

One of the key aspects of criminal law is the distinction between "actus reus" and "mens rea". Actus reus refers to the physical action or omission that constitutes a crime, while mens rea refers to the offender's mental state or intent. Both elements are crucial in determining criminal liability.

Criminal law categorises offences based on their severity, with felonies being the most serious, followed by misdemeanours and then infractions. The punishment for each type of offence varies accordingly, ranging from fines and community service to long-term imprisonment or even capital punishment.

The criminal process typically begins with an arrest and the filing of criminal charges by a prosecutor. This is followed by arraignment, where the defendant enters a plea, and if they plead not guilty, the case proceeds to trial. During the trial, the prosecutor presents evidence to the jury to prove the defendant's guilt beyond a reasonable doubt. The defendant has the right to legal counsel, a fair trial, and is presumed innocent until proven guilty.

Overall, criminal law and the legal system work together to maintain order and security, protect constitutional rights, and ensure that justice is served. Understanding and effectively applying criminal law is crucial for legal professionals, as it directly impacts the lives of people in society.

Law-making processes

Applied Law is a qualification that serves as an introduction to the legal sector for those interested in pursuing a career in law. The course covers various aspects of law-making and dispute-solving, including legal liability in criminal and civil law.

Law-making is the process of creating and enacting laws within a legal system. It involves various steps and procedures that may vary depending on the country or region. Here is an overview of the typical law-making process:

Identification of a Need or Issue

The law-making process often begins with the identification of a need or issue in society that requires legal regulation. This could be a new problem or an existing issue that needs to be addressed differently. For example, a rise in a particular type of crime or a change in social norms may prompt the need for new legislation.

Proposal and Drafting

Once an issue has been identified, a proposal for a new law or amendment to an existing law is made. This proposal can come from various sources, including government officials, legislators, or even private citizens through initiatives and referendums. The proposal outlines the purpose and scope of the potential law.

Research and Consultation

Before drafting the law, extensive research is conducted to understand the issue comprehensively. This includes examining existing laws, consulting experts, and gathering input from stakeholders and the public. This step helps ensure that the law is well-informed, practical, and considers potential impacts on different groups.

Drafting the Bill

The proposed law is then drafted into a bill, which is a formal document outlining the specifics of the law. This involves translating the policy objectives into legal language, defining key terms, and setting out the rights and obligations of those affected. Drafting aims to ensure the bill is clear, concise, and free from ambiguity.

Legislative Debate and Amendment

The bill is then introduced in the legislature, where it undergoes debate and scrutiny. Legislators discuss the merits of the bill, propose amendments, and vote on its various provisions. This process can involve multiple readings and committee hearings, allowing for a thorough examination of the bill.

Approval and Enactment

After the legislative process, the bill requires approval from the head of state, such as the president or monarch, depending on the country's political system. This approval is often a formality but can include additional reviews and suggestions for amendments. Once approved, the bill is enacted and becomes law.

Publication and Implementation

The new law is then published and disseminated to the public, often through official government sources. This step ensures that citizens are aware of the law and can understand their rights and obligations. Additionally, government agencies and law enforcement are tasked with implementing and enforcing the law.

Review and Evaluation

Laws are often subject to review and evaluation after a certain period to assess their effectiveness. This may involve analyzing data, conducting surveys, and consulting stakeholders to determine if the law achieved its intended objectives. The results of this review may lead to further amendments or the repeal of the law.

The law-making process is a complex and rigorous procedure designed to ensure that laws are well-considered, fair, and responsive to the needs of society. It involves the collaboration of various stakeholders and experts to create legislation that serves the public interest.

Legal liability

Applied law refers to the practical application of law in professional contexts, such as legal executives and paralegals. It involves understanding the work and skills required in legal careers, including the ability to offer legal advice and guidance. A key aspect of applied law is studying legal liability, which is a critical concept in both criminal and civil law.

Contractual Liability

Contractual liability arises when a party breaches a contract. For instance, if a contractor fails to complete a project as outlined in the contract, they may be legally liable for damages caused by the delay or incomplete work.

Tort Liability

Tort liability arises from civil wrongs other than breach of contract, typically involving personal injury or property damage caused by negligence or intentional acts. An example would be a company that improperly disposes of waste, contaminating a nearby river. In this case, the company could be held liable for environmental damage.

Product Liability

Product liability holds manufacturers or sellers accountable for defective products that cause harm to consumers. For example, a toy manufacturer could be held liable if a child chokes on a small toy part that detaches easily.

Strict Liability

Strict liability is a legal doctrine that holds a defendant liable for harm, regardless of their negligence or intent. This is often applied in cases involving inherently dangerous activities or defective products.

In the context of business, limited liability is a form of protection offered by certain business structures, such as limited liability companies or corporations. This structure shields owners from personal liability for the company's actions, limiting their liability to the amount they have invested in the business. However, in cases of serious misconduct, claimants may be able to "pierce the corporate veil" and hold owners personally liable.

Additionally, employers may be held vicariously liable for the actions of their employees if the employees engage in unlawful conduct or cause damage or injury through negligence while performing their job duties. This is based on the principle of respondeat superior, which assigns financial responsibility to the employer as they are better suited to bear the burden and can pass on the costs.

Legal careers

Applied Law is a practical approach to studying law and gaining an understanding of the skills and work involved in legal careers. There are many legal career paths one can take, each requiring a different set of qualifications and specialisations. Here are some of the most common legal careers:

Paralegal

Paralegals carry out research, prepare legal documents, and give legal advice to clients. They work directly with legal teams to support trials and solve disputes. They can work for solicitors, but larger firms expect solid work experience. Paralegals also need a good understanding of the client and sector, strong networking skills, and the ability to analyse information and its implications.

Solicitor

Solicitors advise clients about the law and act on their behalf in legal matters. They can work in private practice, in-house for a commercial or industrial organisation, in local or central government, or in the court service. To become a solicitor, one must complete the Solicitors Qualifying Examination (SQE) and gain two years of qualifying legal work experience, most commonly through a training contract.

Barrister

Barristers give advice to solicitors and represent people in disagreements, investigations, and in court. They provide specialist legal advice and represent clients in court, holding conferences to discuss their situation, examining witnesses, and negotiating settlements. To become a barrister, one must complete the Bar Course and gain a 'pupillage' – a period of work placement in a set of barristers' chambers.

Chartered Legal Executive

Chartered Legal Executives are qualified lawyers who have their own client files and are fee-earners in private practice. They specialise in one area of law and carry out similar tasks to solicitors. To become a Chartered Legal Executive, one must complete the Chartered Institute of Legal Executives (CILEx) training programme.

Judge

Judges oversee courtroom proceedings and serve as impartial arbiters. They maintain order during trials, ensure all presented evidence is legal, and determine sentences. During jury trials, they educate the jury about the law and how to apply it to the case. To become a judge, one must have significant experience as a solicitor or barrister and then work part-time under the supervision of an experienced judge.

Company Secretary

Company secretaries ensure that directors follow company law and finance rules. They need strong analytical and problem-solving skills, a diplomatic approach, and the confidence to provide support to high-profile staff and board members. A company secretary role typically requires a starting salary of around £30,000.

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