ILSPA’s Advanced level courses are suitable for people who would like to specialise in one particular area of law. We offer a range of subjects that can be studied online by distance learning. These courses are suitable for people who would like to gain an in-depth understanding of one area of law and acquire some paralegal skills. Ideally, the learner should already be working within the area of law or have gained a legal qualification so that he or she has some existing knowledge of law.
The following subjects are available:
Civil Litigation
Corporate and Commercial Law
Criminal Law
Family Law
Land Law and Conveyancing
Wills, Probate and Administration
Please note: People who take our Civil Litigation, Land Law and Conveyancing, Wills and Probate and Family Law courses should already be familiar with producing legal forms and documents in these areas. Our Criminal Law and Corporate & Commercial Law courses are exceptions to this.
CIVIL LITIGATION
Through studying this course the learner will understand:
The general jurisdiction of the County Court and the High Court and the procedure for both private and State funding
The matters to be considered when advising a Client in respect of a proposed Claim
The steps needed to be taken before a Claim is issued and the reason for Pre-action Protocols
The differences between a Claim for a specified amount and a Claim for an unspecified amount
How to draft a letter of Claim and the Particulars of Claim
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
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
The different methods of service of a Claim Form
The different reasons for making an Application for Summary Judgment and the procedural steps in respect thereof
The procedural steps from inception to Judgment in respect of a Claim allocated to the Small Claims Track where the Defendant files a Defence
How to represent your Client before a District Judge or High Court Master on an Interim Application or on a Small Claims Track Hearing
The different types of tracks that operate in respect of a Claim and the difference between them
The different types of Statements of Case and the function of each
The importance of Disclosure and Case Management and how they both operate
The advantage of a payment into Court and how it affects the question of costs
The different ways in which a Judgment can be enforced
How to advise a Client in a litigation case
CORPORATE AND COMMERCIAL LAW
Through studying this course the learner will understand:
The different types of business organisations, i.e. sole traders, partnerships, unincorporated associations and incorporated companies/corporations
The differences between public and private companies and between sole traders and partnerships
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
The contents of the Memorandum and Articles of Association
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
How companies can borrow money and the ways in which loans are secured, i.e. by debentures and other forms of security
The nature and necessity of the registration of charges, floating charges and debentures
The nature of the powers and duties of Directors and the Company Secretary and how they can be appointed and removed
The reasons for Directors and shareholders meetings – Annual General Meetings; Extraordinary General Meetings
How meetings are convened and conducted and the difference between ordinary resolutions, special resolutions and extraordinary resolutions
The importance of Companies Registry and the various registers which must be maintained; the annual return; accounts and the Directors’ report
How a company can grow by way of reconstructions, mergers and takeovers, and the basic procedures involved
How companies are taxed
Liquidation, administration and receivership; and voluntary and compulsory liquidation and the procedures involved
CRIMINAL LAW
Part 1: Criminal Law
Through studying this part of the course the learner will understand:
The nature of crime, the difference between crimes and torts and how to classify crimes between summary, indictable, hybrid and arrestable offences
What is meant by the burden of proof in crime
The elements of a crime – Actus Reus and Mens Rea (including express intent and implied intent and recklessness)
The differences between Strict Liability crimes and those requiring intent
The general defences of mistake, automatism, insanity, intoxication, duress (including duress of circumstances) and necessity, and how to compare the relative importance of each
What is meant by the crime of homicide and how to distinguish between lawful and unlawful homicide
The differences between causation in fact and causation in law
The meaning of the crime of murder and what constitutes malice aforethought in respect thereof
The differences between murder and manslaughter
The meaning of voluntary manslaughter and the special defences of diminished responsibility, suicide pact, provocation and infanticide
The meaning of involuntary manslaughter
The crime of theft and the differences between theft, fraud, obtaining by deception, burglary and robbery
The differences between the sentences that can be imposed for murder and manslaughter
Part 2: Criminal Procedure
Through studying this part of the course the learner will understand:
The role of the Crown Prosecution Service in criminal proceedings
The standards of proof in a criminal trial compared with that in a civil trial
The Police powers of arrest and the operation of the main provisions of PACE
The concept of bail and the criteria of the court in deciding upon bail
The availability of legal aid in connection with criminal proceedings and the criteria upon which it is granted
The jurisdiction of the Magistrates Court, Crown Court and Court of Appeal (Criminal Division)
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
The difference in procedure where the offence is a hybrid offence
The procedure for the transfer of indictable offenders from the Magistrates Court to the Crown Court for trial
Each stage of the procedure on a trial on indictment from arraignment through to sentence and evaluate the relative importance of each stage
The differences between the trial of an adult and the trial of a young person
The function in a criminal trial of:
the Judge
the Jury
How a Jury is selected and who is eligible and not eligible to sit on a Jury
The different types of sentences that can be passed by a trial Judge and the relative purpose of each
FAMILY LAW AND PRACTICE
Through studying this course the learner will understand:
The capacity for a valid marriage and civil partnership
The formalities required for a valid marriage and civil partnership
The grounds upon which a marriage and civil partnership may be void/voidable
The ground upon which a divorce or dissolution of a civil partnership may be obtained
The contents of Form D8, which commences a divorce or dissolution of a civil partnership
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
How to assist a client in divorce proceedings
LAND LAW AND CONVEYANCING
Through studying this course the learner will understand:
The differences between the fee simple and the term of years absolute
The difference between freehold, leasehold and commonhold estates
The difference between legal estates and interests and equitable estates and interests
The reforms of the 1925 property legislation and the effect of the Land Registration Act 2002
The differences between registered land and unregistered land
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
A possessory title and how it can arise
How a loan can be secured by way of Mortgage/Charge, when a Lenders’ Power of Sale arises and when it can be exercised
How third-party rights can be safeguarded in a registered land transaction
How third-party rights can be safeguarded in an unregistered land transaction
The importance of the Land Registry Act 2002
The effect of the Law of Property (Miscellaneous Provisions) Act 1989
The ways in which property can be held in co-ownership in law and in equity
The nature of a restrictive covenant and an easement and how they can arise
The procedural steps in both a registered and an unregistered Conveyancing transaction:
prior to exchange of contracts
on exchange of contracts
from exchange of contracts to completion
on completion
post-completion
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
How to assist a Client with the sale of their property.
WILLS, PROBATE AND ADMINISTRATION
Through studying this course the learner will understand:
The requirements for a valid Will and how a Will can be amended, added to or revoked
How to 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
How bequests can fail or partially fail by way of abatement, ademption, lapse, contingency, divorce, uncertainty or disclaimer
The provisions of the Inheritance (Provision of Family and Dependants) Act 1975
The procedure for bringing a Claim under the Act and the orders that can be made by the Court, with their effect
The difference between Testacy and Intestacy
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
The nature of a Partial Intestacy
The nature of a Grant of Probate and the procedure for obtaining such a Grant
An Affidavit of Plight and Condition and an Affidavit of Due Execution
The different types of Grants of Probate and obtaining a Grant in simple form and in solemn form
The nature of a Grant of Letters of Administration and the procedure for obtaining such a Grant
The duties and powers of Personal Representatives
The purpose of an Oath for Executors and an Oath for Administrators
The process whereby an estate is administered and distributed
How to advise a Client about the advantages of making a Will
COURSEWORK AND ASSESSMENT
There are no examinations for the Advanced level courses. The learner is assessed through coursework which consists of a multiple-choice achievement test and an assignment.
The multiple-choice test and assignment give the learner the ability to show his or her understanding of the subject studied. The assignments will be in the form of essay questions or direct questions. We provide a helpful guide for writing assignments within the coursework.
The learner is given a percentage for his or her achievement test and assignment. An average percentage is taken from these results and a pass, merit or distinction is given.
Upon passing the course, the learner will be awarded an Advanced Diploma Certificate in his or her area of study. If the learner fails any part of the course, he or she will be given the opportunity to retake it once. There is no additional fees for this.