Podcast
Questions and Answers
What does the term 'ratio decidendi' refer to in legal cases?
What does the term 'ratio decidendi' refer to in legal cases?
Which of the following accurately defines 'obiter dicta'?
Which of the following accurately defines 'obiter dicta'?
What role does the 'claimant' serve in a legal case?
What role does the 'claimant' serve in a legal case?
What is the significance of a dissenting judgment?
What is the significance of a dissenting judgment?
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Which statement best describes the procedural history of a case?
Which statement best describes the procedural history of a case?
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Why is it important for judgments to be consistent across similar cases?
Why is it important for judgments to be consistent across similar cases?
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What should be included when briefing a case?
What should be included when briefing a case?
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What should be the first step in dealing with factual analysis?
What should be the first step in dealing with factual analysis?
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What function does the 'appellant' serve in a legal context?
What function does the 'appellant' serve in a legal context?
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What is a key component of the IRAC method concerning issues?
What is a key component of the IRAC method concerning issues?
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Which of the following is NOT listed as a part of legal analysis?
Which of the following is NOT listed as a part of legal analysis?
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What is recommended to help plan your legal answer?
What is recommended to help plan your legal answer?
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What type of evidence should be included in the analysis?
What type of evidence should be included in the analysis?
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When outlining potential facts needed, what is important to consider?
When outlining potential facts needed, what is important to consider?
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How should issues be titled in the planning phase?
How should issues be titled in the planning phase?
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Which step follows identifying the issue in the IRAC method?
Which step follows identifying the issue in the IRAC method?
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What should be used to indicate the law report in which a case can be found?
What should be used to indicate the law report in which a case can be found?
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When citing a law report in square brackets, what information must be known?
When citing a law report in square brackets, what information must be known?
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What is the correct format for first-time citation of a case orally?
What is the correct format for first-time citation of a case orally?
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What indicates that a citation is in neutral format?
What indicates that a citation is in neutral format?
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What is the significance of the headnote in a case report?
What is the significance of the headnote in a case report?
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Which of the following details is NOT typically included when briefing a case?
Which of the following details is NOT typically included when briefing a case?
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Why is it important to pay attention to the type of brackets used in a citation?
Why is it important to pay attention to the type of brackets used in a citation?
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What is typically found at the top of a case?
What is typically found at the top of a case?
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What year did the Constitutional Reform Act receive royal assent?
What year did the Constitutional Reform Act receive royal assent?
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What is the significance of the transition period mentioned in relation to the Constitutional Reform Act?
What is the significance of the transition period mentioned in relation to the Constitutional Reform Act?
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When referencing a statute in writing for the first time, which must be capitalized?
When referencing a statute in writing for the first time, which must be capitalized?
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What is the first step in analyzing a legal issue according to the outlined approach?
What is the first step in analyzing a legal issue according to the outlined approach?
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What should be included when citing a case with neutral citation after 2001?
What should be included when citing a case with neutral citation after 2001?
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Which of the following is NOT true about referring to statutes according to ELS guidelines?
Which of the following is NOT true about referring to statutes according to ELS guidelines?
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In addressing the first issue, how should the issue be framed?
In addressing the first issue, how should the issue be framed?
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When applying legal principles to the facts, which aspect is crucial for justifying the conclusion?
When applying legal principles to the facts, which aspect is crucial for justifying the conclusion?
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What is the purpose of explanatory notes when a bill is debated?
What is the purpose of explanatory notes when a bill is debated?
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Which of the following best describes secondary authority in legal references?
Which of the following best describes secondary authority in legal references?
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What should be included in the conclusion of the analysis?
What should be included in the conclusion of the analysis?
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How should legal authorities be presented in the analysis?
How should legal authorities be presented in the analysis?
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What is important to include when referencing a statute with a similar short title?
What is important to include when referencing a statute with a similar short title?
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What is the purpose of transitioning into the next issue after concluding the first?
What is the purpose of transitioning into the next issue after concluding the first?
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What should be provided as evidence to support legal principles in the analysis?
What should be provided as evidence to support legal principles in the analysis?
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Why should the title for the first legal issue be broad?
Why should the title for the first legal issue be broad?
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What is the first step in understanding legal questions?
What is the first step in understanding legal questions?
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Which event is associated with the formalization of the Common Law system?
Which event is associated with the formalization of the Common Law system?
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What does the term 'stare decisis' refer to in the legal context?
What does the term 'stare decisis' refer to in the legal context?
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In modern legal framework, which court division is responsible for equity?
In modern legal framework, which court division is responsible for equity?
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What was one of the effects of the Judicature Acts of 1873-75?
What was one of the effects of the Judicature Acts of 1873-75?
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What characterizes the emergence of equity within the legal framework?
What characterizes the emergence of equity within the legal framework?
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Which statement best describes the role of customs in today's legal system?
Which statement best describes the role of customs in today's legal system?
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The separation of legislative power to the executive is signified by which term?
The separation of legislative power to the executive is signified by which term?
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Which of the following is NOT a key stage in the evolution of Common Law?
Which of the following is NOT a key stage in the evolution of Common Law?
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What impact did the end of circuits in 1971 have on the Common Law?
What impact did the end of circuits in 1971 have on the Common Law?
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Study Notes
Common Law Legal Method
- Theoretical and fundamental elements form a solid base for understanding the course.
- Different types of classes include lectures and tutorials.
- Lectures require intelligent note-taking focused on understanding course material.
- Textbooks help students formulate ideas.
- Tutorials are mandatory for reading and completing tasks.
- Exam-like tutorials help students practice exam preparation techniques.
- Note-taking techniques are crucial to prepare for exams.
- Lectures: dissenting opinions differ from the prevailing one.
- Tutorials: summarise reading materials before discussions.
- Cases are presented in brief form before class.
- Laptops and notebooks make note-taking easier.
- Visual aids are effective during note-taking.
- Assign a specific colour to types of legal material or cases to help remember it easily.
- Key words, dates, and abbreviations are helpful in note-taking.
- Study groups are useful for identifying objectives.
- Working in groups can aid in learning new material.
- Learning to prepare quicker and better quality tutorials is encouraged.
- Time management is crucial for lectures.
Foundations of Legal Analysis
- Law-making process involves lawmakers and the legislative process to make and change laws.
- Credible arguments are important when making legal decisions or discussing laws.
- Judges, parliament, and courts play significant roles.
- Legislatures are in charge of creating legislation.
- CML legal systems have no one source so lawyers look at many sources to solve cases.
- Case law = judicial decisions.
- Statutes or legislation are created by legislative bodies.
- Legal principles arise from customs and case laws.
- Legal rules evolve over time.
Common Law and Precedent
- Legal precedents are important in understanding and applying the law.
- Historical practice shows the importance of precedent
- Common law and enacted legislation are different from each other.
- Morality sometimes aligns with laws but doesn't always determine it.
- Positivist approaches believe law is separate from morality.
- Natural law approaches link law and morality.
- Common Law systems are mostly based on case law but enacted law is also important.
- Statutes set out legal rules and principles.
- The UK and USA have different statutory systems (act of parliament/acts of congress).
- The judicial system has a hierarchy of courts with varying authority levels.
- Superior courts have greater authority and responsibilities.
- Lower court are trial courts and must follow guidelines set by higher courts.
Jurisdiction
- Jurisdiction of a court relates to the court's power to hear and decide a case.
- The geographical boundaries and legal matters which a court can decide limit its authority.
- A legislative body can only create laws for the territorial area where they have jurisdiction.
- Courts have limited authority in their decision-making regarding geographic or monetary values.
Sources of Law and Authorities
- Various sources contribute to the body of law, with different levels of authority.
- Legislation, case law, customs, and international law are some examples of sources.
- Legislation created by different authorities has specific legal weight.
- Case law is derived from court decisions with respect to law.
- Legal resources can differ by geographic region.
- Different authorities are used in court cases.
- Legal scholars and resources include journals, articles, and textbooks.
- Legal authorities must be cited when researching the law.
Primary and Secondary Authority
- Primary authority is the law itself.
- Legislation, court cases, and constitutions are examples of primary authority.
- Secondary authority is writing about the law.
- Articles, textbooks, and legal commentaries are some examples of secondary authority.
- Secondary authority gives context and explanation to the law, but can't be used to make binding legal decisions.
Finding Laws and Cases
- Find laws on official legislation websites.
- Look at the official legal archives for details on the creation of the law.
- Use academic journals to identify the proper law.
- Law reports consolidate cases into specific books.
- Cases are reported by areas of law, years, etc.
Reading and Understanding a Statute
- Statutes are laws passed by legislative bodies.
- Important to read and interpret statutes to understand them.
- Statutes will come with a date the relevant law is passed.
- Citation format is important when referring to or citing statutes, or sources of laws.
- Analyzing legal sources will come with various terms, like citations, reports, etc.
- The style of reading a statute will be similar in a legal realm, where there may be many references to different cases, sources of law, or statutes.
How to Briefly a Legal Case
- Organize the summary of a case using facts, date, legal issue, arguments, decisions, etc.
- Reading statutes and related material is important to understanding and interpreting the law.
How to Tackle an Essay Question
- Understanding the question is the first step.
- Break down the question into key terms and concepts.
- Define terms or concepts to improve understanding.
- Understanding related concepts can help with the essay question.
Step-by-Step Analysis
- Review facts presented and look for implications for the client.
- Organize and arrange the facts in a specific format.
- Identify any relevant legal concepts or principles.
- Apply concepts to the facts of the case.
- Determine the implications of the case/rule for the client.
- Summarize the findings (conclusions).
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Description
Explore the fundamental concepts and techniques in Common Law Legal Method. This quiz covers effective note-taking strategies, the significance of tutorials, and exam preparation methods essential for understanding the course material. Ideal for students engaged in legal studies.
