Learning Legal Skills and Reasoning, 5th Edition

https://faroutpodcast.com/ifytz40y Cover Half Title Title Page Copyright Page Dedication Table of Contents List of figures List of tables Preface Introduction Part 1: Sources of law Chapter 1 Domestic legislation Learning outcomes Introduction What is domestic legislation? Naming conventions for legislation The statute book Finding legislation What is Parliament? The House of Commons The House of Lords Royal Assent The power of government to create legislation Types of domestic legislation: primary and secondary Types of primary legislation Public General Acts Private Acts Hybrid Acts Orders in Council by virtue of the royal prerogative Private members’ bills The procedures leading to the enactment of a Public General Act Pre-legislative procedures Public General Bill Public consultation, Green Papers and White Papers Drafting of a Public General bill by parliamentary counsel The parliamentary legislative timetable The passage of a public bill through Parliament Passage of a bill through the House of Commons Voting procedures Passage of a bill through the House of Lords Amendment consideration Royal Assent Date in force of the Act Secondary legislation Parliamentary control over secondary legislation Procedure for making statutory instruments The negative resolution procedure The affirmative resolution procedure The super-affirmative procedure Debates to affirm or annul SIs Other parliamentary procedures Lists of statutory instruments laid before Parliament Using legislation and understanding judicial statutory interpretation Conclusion Chapter summary Chapter 2 Domestic case law Learning outcomes Introduction The development of the common law Development of equity Custom English law and the doctrine of precedent The courts Generic terms applied to courts Description of the main domestic courts Appellate courts Appeal Court: criminal division Appeal Court: civil division Superior courts The Crown Court Inferior courts The County Court The Magistrates’ Court Tribunals Courts outside the hierarchical system of the English legal system The Judicial Committee of the Privy Council The European Court of Human Rights ECtHR The hierarchy of the domestic courts (with reference to tribunals and the European Court of Human Rights) Conclusion Chapter summary Chapter 3 International and European law Learning outcomes Introduction International law What is a treaty? How do states agree to treaties? Drafting Signature Ratification Effectiveness of the Treaty Reservations What does a treaty look like? Later changes to a treaty What happens if a state breaks a treaty? Customary international law International organisations The International Court of Justice The Court Contentious cases Advisory opinions What is the legal effect of a treaty in the country? Monism Dualism The reality Conclusion European Union law What is the European Union? How did the European Union develop? What are the key institutions of the European Union? The European Council The Council of the EU The European Parliament The European Commission The Court of Justice of the EU What is European Union law? What are the sources of EU law? Treaties Secondary legislation Effect of EU law Locating EU law Legislation Cases European Union law in the UK after Brexit Conclusion Chapter summary Chapter 4 Human rights Learning outcomes The concept of human rights International human right treaties The Universal Declaration of Human Rights 1948 The International Covenants Specialised treaties Regional systems The Council of Europe and the European Convention on Human Rights (ECHR) The Council of Europe The European Convention on Human Rights The European Court of Human Rights Admissibility Margin of appreciation Cases against the United Kingdom Human Rights in the United Kingdom Human Rights before 1998 The Human Rights Act 1998 Background to the Human Rights Act 1998 and current concerns The key sections of the Human Rights Act 1998 The British Bill of Rights Conclusion Chapter summary Part 2: Working with the law Chapter 5 General study skills Learning outcomes Introduction What are your goals? Activity 9.1: what are your goals? What is studying? Studying law at university What is learning? How do you like to learn? Learning styles Cottrell’s learning styles Kolb’s learning styles Honey and Mumford’s learning styles Which learning style should you use, and should you stick to one? Activity 5.2: finding out your learning style Why should you know your learning style? What is independent study? How to develop habits of independent study The cycles patterns and schedules of standard university study The pattern of your degree Modules The cycle of the academic year Planning your weekly and yearly timetable The range of skills required for successful legal study Competent use of electronic communication Making the best use of teaching One to one learning opportunities with staff Lecturer office hours/drop-in hour Lectures Seminars/tutorials Working in groups with fellow students (formally and informally) Effective note taking Taking notes Strategies for note taking The structure of notes Linear text Spray diagrams Mind maps Notes from verbal presentations Questions arising in your mind as you write notes Personal development planning Conclusion Chapter summary Chapter 6 Finding material Learning outcomes Introduction Using the library Getting started The library catalogue The main library catalogue Printed material Reference Thin resources (pamphlets) Parliamentary papers Journals Law reports Legislation Books Electronic material Accessing the e-library collection Types of electronic material and their standard locations Your librarian How to find legislation How to locate domestic legislation How to understand citations for domestic legislation How to locate statutes in print form in the university library Chronological table of statutes How to use Halsbury’s Statutes How to locate statutes online European treaties and secondary legislation Locating the European Convention on Human Rights (ECHR) and its protocols How to find cases Locating cases in the English legal system The development of law reporting in the English legal system The hierarchy of the law reports How to understand citations Neutral citations How to locate cases online European cases Locating European Union law cases Locating ECHR law reports Finding secondary material Introduction General issues Search strategies Journal articles What are journals? Journal title abbreviations Journal article citations Finding online journals using Westlaw Finding journals on Lawtel Finding journals on Lexis®Library Finding journals on HeinOnline (www​.heinonline​.org) Using other search engines The library catalogue Books The library catalogue Using print-only materials General note on module ‘set textbooks’ Official documents Command papers Locating parliamentary papers Finding reports of parliamentary debates Evaluation of material Conclusion Chapter summary General Journal articles Books Chapter 7 Reading and understanding legislation Learning outcomes Introduction The layout of a statute Using and handling a statute The overall structure of legislation The importance of careful research to ensure that the legislation you have is the latest version The importance of understanding the layout of individual sections and links between sections Locating the purpose of the section you are considering: exploring s 9 of the Equality Act 2010 The explanatory notes re: s 9 of the Equality Act 2010 Understanding the impact of changes to statutes Activity: questions on Section 9 Linking a series of sections due to their interconnections Guided exercise Reading s 13 of the Equality Act 2010 Reading s 19 of the Equality Act 2010 Consolidation exercise Statutory interpretation The general idea of interpretation Judicial interpretation The neutrality and objectivity of law The rules of statutory interpretation The three main rules of statutory interpretation The literal rule Statutory interpretation and the European Convention on Human Rights Statutory interpretation and secondary legislation Summary to statutory interpretation Conclusion Chapter summary Consolidation to exercise (comparison between s 9 of the Equality Act 2010 and s 3 of the Race Relations Act 1976) Chapter 8 Reading and understanding cases Learning outcomes Introduction Legal dispute resolution in court Introducing precedent Persuasive precedents Relationship between legislation and precedent Requirements for an effective system of precedent Hierarchy of the courts Understanding the theory of the doctrine of precedent What does ‘similar’ mean? Finding, understanding and using the reasoning in a case The differing strengths of a precedent Handling precedent in a series of cases Interpreting precedent in practice The practical implementation of the doctrine of precedent Handling law reports Engaging with the language of judgments The anatomy of a law report Obtaining a general overview of the case Consideration of your summary for task 4 What is useful in the suggested case summary How to break into difficult text Strategy 1 Strategy 2 Strategy 3 Preliminary matter: the procedural history of the case Activity Constructing a usable case note Conclusion Chapter summary Activity: writing a usable case note Question 1 Part 3: Applying your research Chapter 9 Constructing an argument Learning outcomes Introduction What is an argument? Developing your skills of argument Critical thinking Critical thinking and conspiracy theories Problems and rules The nature of problems Solving problems The nature of rules Constructing arguments How to argue Evidence The role of judicial judgments in argument construction Logic Deduction Conclusion Chapter summary Chapter 10 Writing law essays Learning outcomes Introduction Approaching the essay question Choosing the topic Reflecting on the question Researching for your essay Searching for relevant texts Organising material Law cases Textbooks Academic books and articles Forming an argument Structuring your essay The function of the essay introduction The main body of the text The conclusion Writing an outline Writing your essay Developing your written voice: your writing style The requirements of formal academic language Use of language Grammar Punctuation Vocabulary Extending your general vocabulary Extending your technical legal vocabulary Issues with spelling Understanding the relationship between sentences and paragraphs The first draft The final version Referencing your sources Why should I make references? When should I make references? How do I make a footnote? Referencing primary source material What is a legal citation? UK cases The neutral citation The private report citation Citing UK cases Conventions for shortening names of parties in civil law Conventions for shortening names of parties in criminal law Can shortened names be used in your footnote citation? Pinpoint referencing using cases Referencing secondary sources Using the OSCOLA guide Pinpointing references The bibliography How do I use in-text citations? Avoiding plagiarism Submitting your essay Proofreading Presentation Conclusion Chapter summary Chapter 11 Answering legal problem questions Learning outcomes Introduction General academic study skills Legal reasoning skills Skills relating to legal problem solution Methods for the preparation and construction of answers to problem questions Methods for writing solutions to problem questions The four general stages of problem solution methodology Stage 1: identification of the legal issues arising from the facts in the problem question Identification of all relevant facts given in the problem question Identification of the primary and secondary legal issues raised by the facts Checking the capacity of the defendant or a litigant to be held liable Stage 2: identification of all relevant legal rules Stage 3: application of relevant legal rules to the legal issues identified Carefully consider doubts/interpretational issues and ask yourself what you consider to be the appropriate response to them Discussion of applicable defences/mitigation Stage 4: your determination of liability based on your prediction of the likely application of the law The structure of your final written answer (1) Introduction (2) Main body: the worked out answer to the problem question (3) Conclusion A guided demonstration of the basics of the four-stage problem-solving method, using problem Question 2 in Table 11.1 as an example Stage 1: identification of the legal issues arising from the facts in the problem question Stage 2: identification of all relevant legal rules Stage 3: application of relevant legal rules to the legal issues identified Stage 4: your determination of liability based on your prediction of the likely application of the law Conclusion Chapter summary Chapter 12 Oral presentations and mooting Learning outcomes Introduction Managing stress The components of completing a presentation Understanding Managing the task Overall task management Time limits Research (understanding the question) Preparing the presentation Notes Content Ensure that your presentation is relevant to the question Ensure that you build competent arguments Structure Delivery Speech Using your notes Eye contact Body language and gestures Visual aid Clothing Teamwork Mooting What is mooting? Importance of mooting The participants in a moot The moot master/mistress The judge The clerk Counsel The rules Time limits Turn-taking in a moot, the ‘order of submissions’ The ‘right to reply’ The skeleton argument Bundles Analysis of the moot problem Legal research Questions to inform your legal research The statement of current law Halsbury’s Laws of England Case law Construction of legal argument Your legal argument Be clear about who speaks when and who says what! During the moot Courtroom etiquette Delivery Dealing with judicial interventions Conclusion Chapter summary Chapter 13 Examination strategies Learning outcomes Introduction Find out about the structure of your exams Drawing up a list of potentially examinable topics Drawing together information on your examinable topics Making an inventory of examinable topics so that you can choose your revision topics Stress and exam performance Assumptions about what exams are testing Assumption 1: exams are a test of how much information I can remember Assumption 2: exams are a test of the quality of my reasoning powers Assumption 3: exams are a test of my techniques for answering examination questions Assumption 4: exams are a test of how well I can take apart an examination question Assumption 5: exams test how quickly I can write in the time allowed Assumption 6: exams test how well I can argue Assumption 7: exams test how clever I am What does your university lecturer expect you to demonstrate in your exam? The art of careful exam preparation – revision Preparing a revision timetable Compiling the list of topics that you will revise Assisting your memory How long before the exam should I start revising? Revision activities and how to keep motivated (boredom sabotages revision!) The day of the examination Strategies during the examination Conclusion Chapter summary Part 4: Skills for resolving disputes Chapter 14 Negotiation Learning outcomes Introduction What is negotiation? Range of skills required for negotiation The skills you bring with you to negotiation The two main forms of negotiation Positional negotiation Principled negotiation The process of a negotiation Guided narrative on the stages in a negotiation Pre-negotiation planning First meeting with your team and becoming familiar with the client instructions Second meeting with the team and allocation of tasks Third team meeting and decisions concerning application of law, negotiating strategies and division of tasks in-negotiation In-negotiation strategy Post-negotiation critical review Agenda for post-negotiation reflective review The negotiation outcome Conclusion Chapter summary Chapter 15 Mediation Learning outcomes Introduction What is mediation? The foundational principles of mediation The mediation process The phases of mediation The four phases of a typical mediation Phase 1: opening Phase 2: exploration Phase 3: bargaining Phase 4: concluding Mediation skills The skills you bring to mediation Positivity: [B] 2 Non-verbal gestures: [B] 2 (a) Questioning: [B] 3 Reality testing: [B] 3 (a) Brainstorming/option seeking: [B] 3 (b) Listening skills: [B] 4 Reframing: [B] 4 (a) Conclusion Chapter summary Chapter 16 Drafting Learning outcomes Introduction What is drafting? Range of skills required for drafting General rules of drafting Who is your audience? Grammar What is grammar? Paragraphs and sentences Abbreviations, jargon and slang English dictionaries A thesaurus Law dictionaries Legal writing dos and don’ts: some rules of grammar: Letter writing Style Structure Content Standard forms and precedents Precedents Standard forms Drafting other legal documents Conclusion Chapter summary Conclusions Further reading and useful websites Index