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The Foundation Stream

First, the Foundation Stream which is compulsory as part of the academic stage of training for the Bar Standards Board and the Solicitors Regulation Authority. The Foundation Stream forms the core of the “qualifying law degree”, and is studied in all three years of the programme.

The foundation subjects are entirely taught through problem-based learning (see box 1), combining certain skills which are introduced in the Law and Practice Stream. This structure provides you with a clear framework for exploring the basic substantive outline of certain key subjects whilst at the same time introducing the elements of skills and problem-based learning which will be developed throughout the programme. As you progress, the problems will set increasingly advanced tasks, frequently crossing subject and discipline boundaries, and more closely resembling complex real-life situations.

The Foundation Stream will provide you with an understanding of the traditional core subjects integrated with a number of key legal skills (e.g. research and writing, written advice and drafting and document analysis) and generic skills (e.g. teamworking, presentation skills and negotiation) and a range of critical and socio-legal perspectives on the law.

Subjects covered in the Foundation Stream

• Criminal Law*
• Property Law* (Including Land Law and Equity and Trusts)
• Private Law of Obligations* (Contract, Tort, Restitution and Remedies)
• European Law*
• Public Law* (including Constitutional Law,
Administrative Law and Human Rights)

(Modules marked * make up the constituent parts of the 180 credits required for the foundation subjects of the Qualifying Law Degree)

Box 1 - Problem-based Learning and the student law firm

A large part of the programme, including most Foundation Stream modules, will be delivered through problem-based learning. You will be a member of a “law firm”, consisting of a small number of students and a facilitator. Each firm will be presented with different problems brought to them by “clients” in a simulated practice setting.

The problems themselves will be varied – ranging from problems with a neighbour to complex commercial transactions. The aim of the ‘firm’ is not necessarily to‘solve’ the problem or find the “right” answer – some
problems may be unsolvable, and there will almost never be a single right answer. The problems, instead, serve as a device to recreate the real-life context in which the law operates, and thereby convey a sense of the extent to, and the way in which the law permeates everyday life, and what it actually means in practice.

The firm will begin by identifying the legal principles involved in the problem, the known facts, and the facts that need to be ascertained, and through the process of doing so, unravel the legal and contextual issues that lie at the heart of the problem. These issues are then explored through large group (plenary) sessions, firm meetings and individual study. The firm then reconvenes with a facilitator to share findings and reinforce what has been learned. Following this session, you will have an opportunity to reflect on the deeper theoretical issues raised by the problem. This might involve the identification of issues of justice in personal injury cases or the exercise of power in contractual disputes.

Through working with the problems, you will also begin to acquire an understanding of the practical skills you need to work with the law. The problems themselves may require you to read legal documentation, or interview a client. In many cases, the firm will then follow up the initial problem-based session with an applied skills session. This might be drafting a letter of advice, presenting oral arguments or negotiating a settlement with another firm. You thus have the opportunity of seeing how the legal issues raised are transferred into real world practice.

This approach to acquiring legal knowledge, skills and deeper understanding may be new to many and it does require a great deal of work and interaction. It does, however have a number of distinct advantages. Acquiring knowledge, applying skills and analysing underlying issues are all integrated. You will learn to see and understand law in its social and theoretical contexts, whilst also developing the skills and techniques you need to work with the law in a practical context. In addition there is the benefit of understanding why a particular topic is being studied and its link to the real world.

Last Updated: June 26, 2008 | lp534

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