Project assistance

Laws.Studio ©

info@laws.studio
 
↑
>>

Askey Simon, McLeod Ian. Studying Law. Macmillan Education,2014. — 239 p.. 2014

Law teachers and examiners often complain that many students fail to do themselves justice. More particularly, they complain that although many students have learned a great deal of law, they have simply not mastered the skills of using the law to deal with the kind of tasks that they have to perform. While these skills may be practised and developed in the context of tutorials and seminars, they must ultimately be demonstrated in assessed work of one kind and another. Additionally, for those students who go on to pursue careers with a law element (whether in the legal profession or elsewhere) these skills will continue to be invaluable in the much longer term.

| >>
↑
Contents
Preface
1 Studying Law: What’s It All About?
Having studied this chapter you should be able to explain:
Introduction
What is law about?
What does law do?
How does law do it?
Law and justice
Introduction
The content of justice
The relationship between law and justice
Some distinctions between the academic study and the practice of law
The skills required for success as a law student
SUMMARY
2 The Sources of English Law
Having studied this chapter you should be able to explain:
Introduction
Common law and statute law
Introduction
Common law, equity, statute law and delegated legislation
Statute law and delegated legislation
Common law and civil law
European Union law
Introduction
The sources of European Union law
The nature of Regulations
The nature of Directives
The nature of Decisions
How European Union law enters English law
Introduction
The direct applicability and direct effect of different forms of EU law
The criteria for direct effect
A tabular summary
Indirect effect
Resolving conflicts between English law and European Union law
European Convention on Human Rights
SUMMARY
3 The Constitutional Context of English Law
Having studied this chapter, you should be able to explain the following matters:
Introduction
What is a constitution?
Introduction
Written and unwritten constitutions
The relationship between constitutions and law
The underlying doctrines of the British constitution
Introduction
The legislative supremacy of Parliament
The rule of law
The separation of powers
Devolution to Scotland, Wales and Northern Ireland
The European Union dimension
Introduction
The supremacy of Union law over the laws of the member states
The European Convention on Human Rights
SUMMARY
4 The Jurisdictions of the Principal Courts
Having studied this chapter you should be able to explain:
Introduction
The three types of jurisdiction
The hierarchy of the courts
Introduction
Magistrates’ courts
The Crown Court
County Courts
The High Court
The Court of Appeal
The Supreme Court and the House of Lords
The Judicial Committee of the Privy Council
Rights of appeal and permission to appeal in the English courts
Tribunals and inquiries
The European Court of Human Rights
SUMMARY
5 The Protection of Human Rights and Fundamental Freedoms
Having studied this chapter you should be able to explain:
Introduction
Protection of human rights by the common law
Statute law other than the Human Rights Act1998
The European Convention on Human Rights
Introduction
Some key concepts under the European Convention on Human Rights
The Human Rights Act 1998
The scheme of the Act
A summary of Convention rights
The status of Convention rights in English law
European Union law and the protection of human rights
Introduction
From the Treaty of Maastricht to the European Charter of Fundamental Rights
Scope
SUMMARY
6 Finding and Citing the Sources of Law
Having studied this chapter you should be able to:
Introduction
Libraries and learning resource centres
Textbooks, casebooks, statute books and journals
Introduction
Textbooks and casebooks
Statute books
Choosing books
Journals
Online resources
The status of textbooks and journals
Law reports
Introduction
Conventions in case names
The range of law reports
Citing law reports
Online resources
Statutes
Introduction
Citing statutes
Finding statutes
Online resources
SUMMARY
Legal Method
Having studied this chapter you should be able to explain:
Introduction
The importance of careful reasoning
Introduction
Reasoning by analogy
Reasoning by induction
Reasoning by deduction
Language and the importance of context
The common law and the doctrine of binding precedent
Introduction
The elements of a judgment: ratio decidendi and obiter dictum
Binding precedent in relation to specific courts
Legislation and legislative interpretation
Introduction
Communication and interpretation
A short history of legislative interpretation
Legislative interpretation in the European Court of Justice
Legislative interpretation in the European Court ofHuman Rights
SUMMARY
8 Reading Law Reports and Statutes
Having studied this chapter:
Introduction
Reading Law Reports
Introduction
Reading the case for the first time
The report and the boxed commentary
Additional commentary on the report
Why not just read headnotes rather than full reports?
Conclusion
Reading statutes
Introduction
The Dealing in Cultural Objects (Offences) Act 2003 and the boxed commentary
Additional commentary
SUMMARY
9 Written English
Having studied this chapter you should be able to:
Introduction
The mongoose principle
Sentence structure
Simple sentences
Compound sentences
Complex sentences
Spelling
Introduction
Two practical suggestions
Initial capitals
Punctuation
Introduction
Commas, semi-colons and colons
Quotation marks
Round brackets (or parentheses)
Square brackets
Apostrophes
Style
Introduction
The need for formal style
The importance of clarity
Using the active and passive forms of verbs
Gender-neutral language
Splitting infinitives
SUMMARY
10 Answering Essay Questions
Having studied this chapter you should be able to:
Introduction
Cheating
Referencing and footnoting
Writing good law essays
Introduction
The hallmarks of a good law essay
Interpreting the question
Researching the question
Planning and writing the answer
Editing the answer
A full specimen essay
SUMMARY
11 Answering Problem Questions
Having studied this chapter you should be able to:
Introduction
Planning and writing an answer
Introduction
Identifying the issues
Selecting the relevant law
Applying the relevant law
Concluding your answer
Worked examples
Introduction
SUMMARY
12 Oral Skills
Having studied this chapter you should be able to:
Introduction
Preparing the presentation
Identifying the purpose
Researching and planning
Using notes
Delivering the presentation
First impressions
Verbal communication
Non-verbal communication
Using visual aids and handouts
Mooting
Introduction
Preparing for a moot
Advocacy for mooters
The two-fold nature of the decision
The difference between moots and mock trials
SUMMARY
Appendix 1 Extracts From the European Convention on Human Rights and Fundamental Freedoms
Appendix 2 Law Reports and Journals (Some Useful References
Index

Books and textbooks on the discipline Theory of law:

  1. Alexy Robert. The Argument from Injustice: A Reply to Legal Positivism. Oxford University Press,2010. — 159 p. - 2010 ãîä
  2. Anderson Matthew (ed.). Toward a Critique of Guilt: Perspectives from Law and the Humanities. JAI Press,2005. — 168 p. - 2005 ãîä
  3. Allan James. A Sceptical Theory of Morality and Law. Peter Lang,1998. — 277 p. - 1998 ãîä
  4. Atienza Manuel, Manero Juan Ruiz. A Theory of Legal Sentences. Springer Netherlands,1998. — 205 p. - 1998 ãîä
- Theory of law - Theory of the state -
- Advocacy - Agricultural law - History of the state and law - Theory of state and law -

Laws.Studio ©

info@laws.studio