The course examines rules of Scots and European law concerning jurisdiction, applicable law, and foreign decree enforcement, which arise when a case containing foreign elements presents in Scotland. The syllabus addresses such cases as arise in any area of Private Law (child and family law, contract, delict, property and succession) where a foreign element exists. The area of law is Europeanised and globalised, and study of European Regulations and international Conventions is an important part of the course.

Tuesday, Thursday and Friday at 1100

None.

None.

15%  Written assignment formative/summative (extended time, online, open book exam format)

Time frame: the question paper will be released on Moodle at 1pm on Friday of Week 5 and online submission of answers will be due by 1pm on Tuesday of Week 6.

Students will have a 4-day period in which to complete this examination. This is the period during which they can attempt and submit the exam. It is not the duration of the exam. The notional time allocation for this exam is 1 hour, although students may wish to spend more time planning, writing and polishing answers.

Format: online, open-book examination in which students are required to answer 2 out of 4 questions.

Examinable material: Topics 1 - 6 (all material up to and including choice of law in marriage).

Word limit: 1,250 words. Students can decide how to allocate that word limit between their two answers, but should be aiming to write c.500 words per answer. Whilst citation of primary authority is expected in answers, students are not expected to use footnotes or give full case citations. If, however, they do use footnotes, these will count towards the word limit..

Summative weighting: 15%.

85% summative examination

Time frame: December examination diet; 2 hour examination.

Format: students will be required to answer 4 out of 8 questions.

Examinable material: all course material.

Summative weighting: 85%. 

The knowledge-based aims of the course are:
1. To familiarise students with the nature of International Private Law, and its method and terminology.
2. To enable students to recognise conflict of laws issues in a legal problem.
3. To equip students to produce informed and reasoned arguments using Scots (and, subsidiarily, English), European and international conflict of laws rules, in order to provide viable solutions to conflict problems arising in major areas of private law.
4. To equip students to discuss in essay format topics of importance within the conflict of laws.
The knowledge/skills-based aim of the course is:
5. To introduce students to the subject of law reform in the conflict of laws so that they may be able to evaluate recent and current law reform measures, national, international and EU.
The skills-based aims of the course are:
6. To develop student skills of problem-solving and analysis.
7. To develop student skills in handling materials relating to the above areas, including statutory and case law and reading and assessment of conventions, EU explanatory memoranda, and other consultation documents.
8. To develop student skills of written communication and problem solving by means of submission of diagnostic written assignment, and by satisfactory performance in the degree examination.

Knowledge-based outcomes

On completion of the course students will be able to:

1. Explain the nature and theory of the subject, the manner of conflict of laws reasoning, and use its terminology

2. Describe how foreign rights may be upheld in our courts, and how foreign judgments are enforced.

3. Expound upon the content of the choice of law rules of Scots (and subsidiarily, English), European and international law in all major areas, and explain relevant rules of jurisdiction.


Knowledge/skills-based outcomes

On completion of the course students will be able to:

4. Produce accurate, relevant and authoritative answers to conflict problems arising in any one or more area(s) of international private law, and give full and accurate expositions of topics in any one or more such areas, showing awareness of current developments.


Skills-based outcomes

On completion of the course students will be able to:

5. Explain in writing, and expound upon orally, the content of conflict rules applicable to given problems and/or subjects.

6.Demonstrate, in writing, and orally, reasonable competence in problem solving and analysis of conflict of laws issues, showing awareness of source materials relating to conflict rules, including statutory and case law, EU explanatory reports and other consultation documents.

In order to receive credit for this course, students must attempt both course examinations.

Moreover, attendance at tutorials is compulsory: attendance at tutorials is monitored and failure to attend without good cause may result in refusal of credit.