Index

Academic study of law, distinguished from professional practice 12

Acts of Parliament, interpretation of 119

Administrative law 2

Analogy, reasoning by 98

Appeal

judicial review, distinguished from 53

permission to 60

rights of, generally 60

Binding precedent, doctrine of 104

British constitution, underlying doctrines of 37

Case names, conventions in 83

Catchwords 131

Cheating 182

Civil law, common law, distinguished from 22

criminal law, distinguished from 3

Common law

civil law, distinguished from 25

equity and 23

history of 22

meanings of 22

nature of 22

Constitution

meaning of 35

written and unwritten styles of 35

relationship between constitutions and law 36

Constitutional law, functions of 2

‘Convention rights’

meaning of 68

relevance to interpretation of English legislation of 70

status of 69

Court of Justice of the European Union – see European Court of Justice

Courts, hierarchy of 53

Criminal law, civil law, distinguished from 3

Deduction, reasoning by 99

Delegated legislation, nature of 24

Devolution

Northern Ireland, to 45

Scotland, to 45

Wales, to 45

Dictum – see obiter dictum

Distinguishing 107

Equity

common law, distinguished from 23

history of 23

nature of 23

Essay writing

editing the answer 201

the need for authority 189

interpreting the question 190

instructional words 193

planning the answer 195

referencing and footnoting 186

writing the answer 196

European Community, distinguished from European Union 26

European Union law

direct applicability of 28

direct effect of 28

indirect effect of 31

sources of 27

supremacy of 46

European Convention on Human Rights, key concepts under 66

European Court of Human Rights legislative interpretation in 125

precedent in 114

European Court of Justice

legislative interpretation in 124

precedent in 113

preliminary reference – see preliminary ruling

preliminary ruling 62

European Union, distinguished from European Community 26

Gender neutral language 178

Human rights

common law protection of 64

statutory protection of generally 65

Human Rights Act 1998, by 68

Induction, reasoning by 98

Inquiries 60

Judicial comity 105

Judicial review 53

Jurisdiction

at first instance 52

meaning of 51, 89

on appeal 53

supervisory 53

Justice

content of 5

economic approach to 6

psychological approach to 8

public policy approach to 9

relationship between law and 9

Keywords – see Catchwords

Law, functions of 2

Law reports 83

Legislative interpretation

English courts in 119

European Court of Justice in 124

European Court of Human Rights in 125

Material facts 107, 140

Mock trials 240

Mongoose principle 156

Mooting 235

Natural Law 10

Neutral citation of cases 88

Obiter dictum 106, 111

Oral skills

delivering a presentation 232

non-verbal communication 234

preparing a presentation 228

verbal communication 233

visual aids 234

Parliament

legislative supremacy of 37

meaning of 37

Plagiarism 182, 188

Positivism 11

Precedent 104

Preliminary ruling – see European Court of Justice

Punctuation 166

Practice of law, distinguished from academic study 12

Problem questions

applying the relevant law 212

concluding with advice 212

identifying the issues 210

selecting the relevant law 211

Ratio decidendi 105

Rule of law

formal versions of 39

generally 39

substantive versions of 40

Sentence structure 157

Separation of powers

British constitution and 44

executive power 42

judicial power 42

legislative power 42

meaning of 42

Skills required for studying law 14

Sources of law

journals, status of 81

online access to 81

textbooks, status of 82

Spelling 163

SQ3R 15, 195, 229

Statute law

citation of 92

finding 93

online resources 93

supremacy of 36

Subsidiarity 75

Syllogistic reasoning 100

Tribunals 60

Written style 174