Syllabus

THE INSTITUTE OF LEGAL SECRETARIES AND PAs

Single Subject Legal Advanced Courses

The Professional Body for Legal Secretaries and PAs

Syllabus ILSPA’s Single Subject Legal Advanced Courses Our Single Subject Legal courses are suitable if you would like to specialise in one particular area of law. We offer a range of subjects which can be studied at home by distance learning. You can start at any time of year and study at your own pace. There are no examinations for the courses and you are assessed on coursework which you must send to us to be marked. The Advanced level is suitable if you would like to gain an in-depth understanding of an area of law and acquire some paralegal skills. Ideally, you should already be working within the area of law or have gained a legal qualification so that you have some existing knowledge of law.

Subjects include: • • • • • •

Civil Litigation Corporate and Commercial Law Criminal Law and Procedure Land Law and Conveyancing Matrimonial, Civil Partnership and Family Proceedings Wills Probate & Administration ILSPA | www.institutelegalsecretaries.com

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Civil Litigation Pre-action Protocols and procedures; the commencement of proceedings; Civil legal aid; the rules regarding litigants under a disability; the preparation issue and service of a Claim Form; admissions; default; Statements of Case – Particulars of Claim, Defence and Counter-Claim and Requests for Further Information; Interim Applications to the Court, Track allocation – Fast Track, Multi-Track and Small Claims Track; Disclosure, Case Management; Payment into Court; Obtaining Judgment; Ways of enforcing a Judgment; an understanding of costs and assessment of costs.

Through this course the learner will be able to: • • • • • • • • • • • • • • •

Explain the general jurisdiction of the County Court and the High Court and the procedure for both private and State funding Critically explain the matters to be considered when advising a Client in respect of a proposed Claim Explain the steps needed to be taken before a Claim is issued and the reason for Pre-action Protocols Explain the differences between a Claim for a specified amount and a Claim for an unspecified amount Explain the procedural steps from inception to Judgment in respect of both a Claim for a specified amount and a Claim for an unspecified amount where the Defendant makes no response to any of the process Explain the procedural steps from inception to Judgment in respect of both a Claim for a specified amount and a Claim for an unspecified amount where the Defendant files a Defence and explain the burden of proof in a civil trial Explain the different methods of service of a Claim Form Critically explain the different reasons for making an Application for Summary Judgment and explain the procedural steps in respect thereof Explain the procedural steps from inception to Judgment in respect of a Claim allocated to the Small Claims Track where the Defendant files a Defence Know how to represent your Client before a District Judge or High Court Master on an Interim Application or on a Small Claims Track Hearing Explain the different types of tracks that operate in respect of a Claim and understand the difference between them Explain the different types of Statements of Case and describe the function of each Explain the importance of Disclosure and Case Management and how they both operate Explain the advantage of a payment into Court and how it affects the question of costs Explain and evaluate the different ways in which a Judgment can be enforced

The learner will also know how to produce the following forms and documents: • • •

Draft a Letter of Claim Draft a Claim Form Draft a Statement of Claim

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Corporate and Commercial Law Types of Business Structure, the Consequences of Incorporation as a Limited Company, Limited Liability, the Veil of Incorporation, Public and Private Companies, Forming a Company, the Key Players in a Company, Liquidation of Companies, Partnerships, Partners’ Rights and Liabilities, Company Versus Partnerships, Taxation, Company Shareholders, Company Directors, Financial Aspects of Business.

Through this course the learner will be able to: • • •

• • • • • • • • • • •

Explain the different types of business organisations, i.e. Sole Traders, Partnerships, Unincorporated Associations and Incorporated Companies/Corporations Define the differences between Public and Private Companies and between Sole Traders and Partnerships Explain the Incorporation Procedure of a new company by registration at Companies House, the re-registration of a Private Company as a Public Company, the re-registration of a Public Company as a Private Company and the registration of Branches or ‘Places of Business’ of Foreign Companies in the UK Define the contents of the Memorandum and Articles of Association Explain the concept of Share Capital, public offers for shares; types of capital; maintenance; issue and acquisition of shares; dividends; types of shares; application and allotment; share certificates and transfer of shares Explain how companies can borrow money and the ways in which loans are secured, i.e. by Debentures and other forms of Security Explain the nature and necessity of the registration of Charges, Floating Charges and Debentures Explain the nature of the powers and duties of Directors and the Company Secretary and how they can be appointed and removed Expound the reasons for Directors and Shareholders Meetings – Annual General Meetings; Extraordinary General Meetings Give details of how meetings are convened and conducted and the difference between Ordinary Resolutions, Special Resolutions and Extraordinary Resolutions Describe the importance of Companies Registry and the various Registers which must be maintained; the Annual Return; Accounts and the Directors’ Report Describe how a Company can grow by way of Reconstructions, Mergers and Takeovers and the basic procedures involved Explain how Companies are taxed Explain the concepts of and reasons for Liquidation, Administration and Receivership; and voluntary and compulsory liquidation and the procedures involved

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Criminal Law and Procedure Part 1: Criminal Law The nature of Criminal Law: including the nature of a crime; distinction between crimes and tort; burden of proof. Classification of Offences: including summary, indictable, hybrid and arrestable offences. Elements of a Crime: including Actus Reus, Mens Rea and Strict Liability; basic intent and specific intent, express intent and implied intent. General Defences: including Automatism, mistake, insanity, duress and intoxication. Homicide: including causation in law and causation in fact. Murder: including its definition, malice aforethought express and implied. Manslaughter: including voluntary manslaughter and involuntary manslaughter, recklessness, special defences to murder – diminished responsibility, provocation, suicide pact and infanticide. Theft: Robbery, Burglary and Fraud.

Through this course the learner will be able to: • • • • • • • • • • • • •

Evaluate the nature of crime, be able to distinguish between crimes and torts and classify crimes between summary, indictable, hybrid and arrestable offences Interpret what is meant by the burden of proof in crime Explain the elements of a crime – Actus Reus and Mens Rea (including express intent and implied intent and recklessness) Evaluate the differences between Strict Liability crimes and those requiring intent Explain the General Defences of mistake, automatism, insanity, intoxication, duress (including duress of circumstances) and Necessity and compare the relative importance of each Explain what is meant by the crime of Homicide and distinguish between lawful and unlawful Homicide Interpret the differences between causation in fact and causation in law Explain the meaning of the crime of Murder and what constitutes malice aforethought in respect thereof Evaluate the differences between Murder and Manslaughter Explain the meaning of Voluntary Manslaughter and evaluate the special defences of diminished responsibility, suicide pact, provocation and infanticide Explain the meaning of Involuntary Manslaughter Explain the crime of Theft and the differences between Theft, Fraud, Obtaining by deception, Burglary and Robbery Evaluate the differences between the sentences that can be imposed for Murder and Manslaughter

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Criminal Law and Procedure Part 2: Criminal Procedures Commencement of criminal proceedings – Police powers (laying an information, arrest and summons, search, detention and interrogation, fingerprinting, identification), bail, classification of crimes (summary offences, indictable offences and hybrid offences), Criminal Legal Aid, procedure on summary trial – guilty pleas (including pleading guilty by post) and pleas of not guilty; hybrid offences; mode of trial/plea before venue, allocation and pre-trial proceedings, Bail, Disclosure, Defence Statements, Alibi Notices, Trial on Indictment from arraignment to sentence; standard of proof; qualification and choosing of jurors; types of sentences; and an awareness of juvenile proceedings.

Through this course the learner will be able to: • • • • • • • • • • • • • •

Explain the role of the Crown Prosecution Service in criminal proceedings Compare the standards of proof in a criminal trial with that in a civil trial Explain the Police powers of arrest and the operation of the main provisions of PACE Explain the concept of bail and the criteria of the Court in deciding upon bail Explain the availability of Legal Aid in connection with criminal proceedings and the criteria upon which it is granted Explain the jurisdiction of the Magistrates Court, Crown Court and Court of Appeal (Criminal Division) Explain the procedure on a summary trial for a summary offence from the laying of the information through to sentence where (a) the accused intends to plead guilty or (b) the accused intends to plead not guilty Explain the difference in procedure where the offence is a hybrid offence Explain the procedure for the transfer of Indictable offenders from the Magistrates Court to the Crown Court for trial Describe in detail each stage of the procedure on a Trial on Indictment from arraignment through to sentence and evaluate the relative importance of each stage Explain the differences between the trial of an adult and the trial of a young person Explain the function in a criminal trial of: 1. the Judge 2. the Jury Explain how a Jury is selected and who is eligible and not eligible to sit on a Jury Explain the different types of sentences that can be passed by a trial Judge and the relative purpose of each

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Land Law and Conveyancing The fee simple absolute in possession; the term of years absolute; the effect of the 1925 property legislation and the Land Registration Act 2002; registered land; the system of land registration; estates capable of registration; classes of title; Land/Charge Certificates and the Title Information Document; parts of the Register; third-party rights and interests, Notices and Restrictions; Registered Charges; procedural steps in connection with both a registered and an unregistered title from initial instructions through to completion and beyond; the effect of the Law of Property (Miscellaneous Provisions) Act 1989; pre-contract Searches and Enquiries; post-contract Searches; deducing and investigating title; co-ownership; an awareness of possessory titles; restrictive covenants; exceptions and reservations; easements and profits; an awareness of the form of a Conveyance and a knowledge of the forms of Transfer.

Through this course the learner will be able to: • • • • • • • • • • • • • • • • •

Explain the differences between the fee simple and the term of years absolute Explain the difference between freehold, leasehold and commonhold estates Explain the difference between legal estates and interests and equitable estates and interests Evaluate the reforms of the 1925 property legislation and the effect of the Land Registration Act 2002 Explain the differences between registered land and unregistered land Explain the system of land registration, the types of estates capable of registration and the classes of title that can be registered at HM Land Registry Explain a possessory title and how it can arise Explain how a loan can be secured by way of Mortgage/Charge, when a Lenders’ Power of Sale arises and when it can be exercised Explain how third-party rights can be safeguarded in a registered land transaction Explain how third-party rights can be safeguarded in an unregistered land transaction Understand the importance of the Land Registry Act 2002 Explain the effect of the Law of Property (Miscellaneous Provisions) Act 1989 Explain the ways in which property can be held in co-ownership in law and in equity Explain the nature of a restrictive covenant and an easement and how they can arise Explain the procedural steps in both a registered and an unregistered Conveyancing transaction: 1. prior to exchange of contracts 2. exchange of contracts 3. from exchange of contracts to completion 4. on completion 5. post completion Explain the differences between all the pre-contract and the post-contract Searches and enquiries that might be raised on behalf of a Purchaser and/or a Mortgagee Draft a Transfer of Whole and a Transfer of Part

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Matrimonial, Civil Partnership and Family Proceedings The contract of marriage and the creation of a civil partnership; void and voidable marriages and civil partnerships; the ground for divorce and dissolution of a civil partnership and the facts necessary to be proved; an undefended divorce and dissolution of a civil partnership – documentation and sequence of events; contents of a Petition; Affidavit in Support; Decree Nisi and Absolute; orders relating to children (contact orders, residence orders, prohibited steps orders and specific issue orders) and ancillary relief; domestic jurisdiction of the Magistrates Court. An outline understanding of the difference between fault and ‘no fault’ proceedings for divorce (and civil partnership dissolution) with reference to the provisions of the Family Law Act 1996.

Through this course the learner will be able to: • • • • • • • • • • • •

Explain the requisite capacity for a valid marriage and Civil Partnership Explain the formalities required for a valid marriage and Civil Partnership Explain the jurisdiction of the County Court and High Court with regard to matrimonial and Civil Partnership disputes Explain the jurisdiction of the Magistrates Court in relation to matrimonial and Civil Partnership disputes and understand the types of action that can be brought there, including injunctions Explain the grounds upon which a marriage and Civil Partnership may be void/voidable Explain the grounds upon which a divorce or dissolution of a Civil Partnership may be obtained and the facts necessary to support such grounds Explain the procedure for an undefended divorce or dissolution of a Civil Partnership from the preparation of the Petition to the granting of the Decree Absolute both in there being no children of the union and there being children of the union Explain the contents of a Petition for Divorce and Dissolution of a CP and the Affidavit in Support thereof based upon the different facts to be proven Draft a Petition for Divorce and an Affidavit in Support Describe the procedure for ancillary relief and explain the different orders that may be granted by the Courts in relation to any ancillary relief that may be required, including orders relating to children Draft an Application for the Decree Nisi to be made Absolute Understand the difference between fault and no-fault divorce

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Wills, Probate and Administration The nature of a Will, testamentary capacity, formalities, attestation, additions and alterations, informal wills and revocation; legacies and devises, bequests, gifts, lapsing, abatement and ademption – the appointment of Executors, Trustees and Guardians. Intestacy and the rules of intestate succession and Family provision including the basis of Family provision, the class of claimants and factors taken into account by the Court. The difference between Probate and Administration and the winding up of a Testator’s estate by way of a Grant of Probate and an Intestate’s estate by way of a Grant of Letters of Administration.

Through this course the learner will be able to: • •

• • • • • • • • • • • • • •

Understand the requirements for a valid Will and how a Will can be amended, added to or revoked Take instructions for the drafting of a Will, including ascertaining the extent of the Testator’s estate and the Testator’s wishes as to burial or other disposal of their body; gifts, bequests, legacies and devises, residue, appointment of Executors, Trustees and Guardians and administrative provisions Explain how bequests can fail or partially fail by way of abatement, ademption, lapse, contingency, divorce, uncertainty or disclaimer Draft a simple Will including the use of forms and precedents Explain the provisions of the Inheritance (Provision of Family and Dependants) Act 1975 Outline the procedure for bringing a Claim under the Act and list the orders that can be made by the Court, describing their effect Explain the difference between Testacy and Intestacy Expound the Order of entitlement (inheritance) of the relations and descendants of an Intestate where there is a surviving spouse and where there is no surviving spouse Explain the nature of a Partial Intestacy Explain the nature of a Grant of Probate and the procedure for obtaining such a Grant Explain an Affidavit of Plight and Condition and an Affidavit of Due Execution Differentiate between the different types of Grants of Probate and obtaining a Grant in simple form and in solemn form Explain the nature of a Grant of Letters of Administration and the procedure for obtaining such a Grant Explain the duties and powers of Personal Representatives Explain the purpose of an Oath for Executors and an Oath for Administrators Explain the process whereby an estate is administered and distributed

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Coursework Achievement Tests and Assignments There are no examinations for the Single Subject Legal Advanced courses. You are assessed through coursework which consists of a multiple-choice achievement test and an assignment. The multiple choice test and assignment will give you the ability to show your understanding of the subject you are studying. The assignments may be in the form of essay questions or problem questions. We provide a helpful guide for writing assignments within the coursework. When completed, the test and assignment must be sent to our Course Assessor via email for marking. The course can be studied at your own pace and we recognise that Students learn at different rates. On average, Students complete the course within 6 months, although you may take up to a year if you need to. If you have not completed the course in a year, you will need to contact us to renew your Membership and obtain updated course material.

Course Results Students are given a percentage for their achievement tests and assignments. An average percentage is taken from these results and the following grades are awarded for the overall result: Pass: 80% to 89% Merit: 90% to 94% Distinction: 95% to 100% Upon passing the course, you be be awarded a Diploma Certificate in your area of study. If you fail any part of the course, you will be given the opportunity to redo it.

Help and Support We can provide you with all the help that you need to complete the course. If you have any queries regarding the study material or your coursework, you can telephone us on 0207 1009210 or email us at [email protected].

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THE INSTITUTE OF LEGAL SECRETARIES AND PAs

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The Institute of Legal Secretaries and PAs is the operational name of ILS (Management) Ltd, registered in England and Wales under Company number 5295024. The registered office is stated above.