Common Law Legal Method Class
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Questions and Answers

What does the term 'ratio decidendi' refer to in legal cases?

  • An important but non-binding comment
  • The legal reasoning behind a judgment (correct)
  • The dissenting opinion of a judge
  • Procedural history of the case

Which of the following accurately defines 'obiter dicta'?

  • Opinions of judges that support the case
  • The primary legal issue addressed in the case
  • Non-essential remarks by a judge (correct)
  • Binding legal precedents

What role does the 'claimant' serve in a legal case?

  • A person bringing a claim in a civil case (correct)
  • A judge overseeing the trial
  • The person defending against a charge
  • The one appealing a decision

What is the significance of a dissenting judgment?

<p>It may provide alternative legal reasoning for future cases (C)</p> Signup and view all the answers

Which statement best describes the procedural history of a case?

<p>It describes the steps taken throughout the legal process (C)</p> Signup and view all the answers

Why is it important for judgments to be consistent across similar cases?

<p>To guide future legal interpretations and rulings (D)</p> Signup and view all the answers

What should be included when briefing a case?

<p>The case name, facts, procedural history, and issues (A)</p> Signup and view all the answers

What should be the first step in dealing with factual analysis?

<p>Determine which facts are certain or disputed. (D)</p> Signup and view all the answers

What function does the 'appellant' serve in a legal context?

<p>An individual who files an appeal against a decision (A)</p> Signup and view all the answers

What is a key component of the IRAC method concerning issues?

<p>Identifying the legal issue to be determined. (C)</p> Signup and view all the answers

Which of the following is NOT listed as a part of legal analysis?

<p>Conduct a survey. (A)</p> Signup and view all the answers

What is recommended to help plan your legal answer?

<p>Assign one paragraph per issue. (B)</p> Signup and view all the answers

What type of evidence should be included in the analysis?

<p>Professional opinions and authoritative evidence. (B)</p> Signup and view all the answers

When outlining potential facts needed, what is important to consider?

<p>All possible facts relevant to the case. (D)</p> Signup and view all the answers

How should issues be titled in the planning phase?

<p>As clear and direct statements. (D)</p> Signup and view all the answers

Which step follows identifying the issue in the IRAC method?

<p>Rule: apply rules that govern the issue. (C)</p> Signup and view all the answers

What should be used to indicate the law report in which a case can be found?

<p>Abbreviation (A)</p> Signup and view all the answers

When citing a law report in square brackets, what information must be known?

<p>The year of publication (B)</p> Signup and view all the answers

What is the correct format for first-time citation of a case orally?

<p>Full case citation (C)</p> Signup and view all the answers

What indicates that a citation is in neutral format?

<p>The use of commas only (B)</p> Signup and view all the answers

What is the significance of the headnote in a case report?

<p>It introduces some action without going into detail (C)</p> Signup and view all the answers

Which of the following details is NOT typically included when briefing a case?

<p>Personal opinions about the judges (B)</p> Signup and view all the answers

Why is it important to pay attention to the type of brackets used in a citation?

<p>It determines the volume number needed (C)</p> Signup and view all the answers

What is typically found at the top of a case?

<p>The page number (A)</p> Signup and view all the answers

What year did the Constitutional Reform Act receive royal assent?

<p>2005 (A)</p> Signup and view all the answers

What is the significance of the transition period mentioned in relation to the Constitutional Reform Act?

<p>It was necessary before the law could commence in 2009. (C)</p> Signup and view all the answers

When referencing a statute in writing for the first time, which must be capitalized?

<p>Act (B)</p> Signup and view all the answers

What is the first step in analyzing a legal issue according to the outlined approach?

<p>Summarize relevant facts in chronological order (A)</p> Signup and view all the answers

What should be included when citing a case with neutral citation after 2001?

<p>Case name, year, court, case number (A)</p> Signup and view all the answers

Which of the following is NOT true about referring to statutes according to ELS guidelines?

<p>Sections must end with a full stop. (A)</p> Signup and view all the answers

In addressing the first issue, how should the issue be framed?

<p>In the form of a yes or no question (D)</p> Signup and view all the answers

When applying legal principles to the facts, which aspect is crucial for justifying the conclusion?

<p>Evidence that backs up every point made (B)</p> Signup and view all the answers

What is the purpose of explanatory notes when a bill is debated?

<p>To show the arguments made by both sides. (B)</p> Signup and view all the answers

Which of the following best describes secondary authority in legal references?

<p>It consists of sources like academic textbooks. (B)</p> Signup and view all the answers

What should be included in the conclusion of the analysis?

<p>Strengths and weaknesses of the client's case (D)</p> Signup and view all the answers

How should legal authorities be presented in the analysis?

<p>From the most important to the less important (B)</p> Signup and view all the answers

What is important to include when referencing a statute with a similar short title?

<p>The date of the statute must be included. (B)</p> Signup and view all the answers

What is the purpose of transitioning into the next issue after concluding the first?

<p>To indicate readiness to work on the next issue (B)</p> Signup and view all the answers

What should be provided as evidence to support legal principles in the analysis?

<p>Relevant case law, statutes, and academic opinions (C)</p> Signup and view all the answers

Why should the title for the first legal issue be broad?

<p>To allow for flexibility in interpretation (D)</p> Signup and view all the answers

What is the first step in understanding legal questions?

<p>Identify and define key words. (A)</p> Signup and view all the answers

Which event is associated with the formalization of the Common Law system?

<p>The Norman Conquest in 1066 (D)</p> Signup and view all the answers

What does the term 'stare decisis' refer to in the legal context?

<p>The doctrine of precedents in legal rulings. (C)</p> Signup and view all the answers

In modern legal framework, which court division is responsible for equity?

<p>Chancery Division (D)</p> Signup and view all the answers

What was one of the effects of the Judicature Acts of 1873-75?

<p>They merged common law and equity. (D)</p> Signup and view all the answers

What characterizes the emergence of equity within the legal framework?

<p>The rigidity of common law writs. (D)</p> Signup and view all the answers

Which statement best describes the role of customs in today's legal system?

<p>Customs may still be enforceable as a source of law. (C)</p> Signup and view all the answers

The separation of legislative power to the executive is signified by which term?

<p>Statutory Instrument (SI). (A)</p> Signup and view all the answers

Which of the following is NOT a key stage in the evolution of Common Law?

<p>Establishment of the first law school. (C)</p> Signup and view all the answers

What impact did the end of circuits in 1971 have on the Common Law?

<p>It simplified the administration of justice. (D)</p> Signup and view all the answers

Flashcards

Constitutional Reform Act 2005

A legal act that amended the UK constitution, passed in 2005 but coming into effect in 2009.

Table of Contents

The table of contents helps readers quickly find specific information within a document without reading the entire text.

Commencement (entrée en vigueur)

The 'commencement' is the date when a law officially starts to be applied; it's not always the same as the date the law is passed

Definition of Essential Terms

The explanation of key terms, providing clarity and understanding of essential concepts.

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Explanatory Notes

Notes added to a bill during debate, providing insight into the arguments and intentions behind various provisions.

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Hansard

A record of parliamentary debates, including speeches, amendments, and voting records.

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Secondary Sources

Sources of information that analyze and comment on primary legal sources, offering opinions and interpretations.

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First Citation of a Statute

The first time a statute is cited in writing, it's referred to in full, with both title and year.',

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Case Citation Date

The year listed in a case citation refers to the publication date of the law report, not necessarily the date the case was decided.

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Round Brackets in Legal Citations

In legal citations, use round brackets to denote the volume number when you only need the volume to find the case.

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Square Brackets in Legal Citations

In legal citations, use square brackets to indicate the volume number when you need to specify the year of publication.

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Neutral Citation Comma

A neutral citation uses a comma to separate the court from the volume and year.

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What is a Headnote?

The headnote in a case report provides a brief summary introducing the action or decision.

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Details of the Action

The 'details of the action' section in a case report provides the specific facts and events leading to the case.

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Importance of Hearing Date

When reading a case report, determine the date it was heard to understand if it affects previous or subsequent judgments.

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Case Citation List

A list of cases cited in a case report shows the legal precedents used in the decision.

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Ratio Decidendi

The legal reasoning behind a court's decision, forming the basis for future cases.

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Obiter Dicta

Information mentioned in a judgement that is not essential to the decision.

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Persuasive Authority

A persuasive but not binding precedent, usually from a lower court.

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Dissenting Judgement

Opinions of judges who disagree with the majority decision, offering alternative legal reasoning.

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Stare Decisis

When a court uses its previous decisions as binding rules for future cases.

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Case Briefing

The process of analyzing a case, identifying key elements and understanding its legal significance.

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Evolution of the Common Law

The process of examining the development of legal principles over time.

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Final Disposition

The final outcome of a case, determining the legal position of the parties involved.

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Factual Analysis

The process of identifying and analyzing the facts of a legal dispute, including determining which facts are certain or disputed and their relevance to the legal arguments.

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IRAC Method

A structured approach to legal writing that involves identifying the legal issue, stating the applicable legal rules, applying those rules to the facts of the case, and reaching a conclusion.

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Legal Analysis

The act of researching and analyzing legal principles, statutes, case law, and other authoritative materials to support legal arguments and understand the applicable law.

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Finding Your Issues

The process of identifying and formulating the main legal questions that need to be answered in a case, helping to organize the legal argument and focus on relevant issues.

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Planning Your Answer

The process of organizing legal arguments and issues into a structured format, typically with separate sections or paragraphs for each issue, presenting a clear and coherent analysis.

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Application of Rules

The process of applying the relevant legal rules to the specific facts of a case to analyze how those rules apply to the given situation.

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Conclusion

A conclusion or judgment reached after applying legal rules to the facts of a case, providing a clear and concise answer to the identified legal issue.

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Reading a Legal Question

The process of understanding and analyzing a law question, involving key words, definitions, related terms, identification of important elements, and reformulation of the question.

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Home Preparation for a Legal Question

A comprehensive review of relevant materials, including lectures, tutorials, and supplementary resources, to find key concepts, principles and doctrines relevant to the question.

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Rephrasing for Clarity

The process of rephrasing complex information into your own words, making sure to correctly quote any borrowed material.

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Pinpointing Key Concepts

An essential element of legal research involving identifying and exploring key concepts, principles, and doctrines that are vital to answering the question.

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Decomposition of Legal Concepts

A structured breakdown of a legal topic into its fundamental components, helping to logically analyze and understand the development and consequences of a legal system.

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Brainstorming Arguments

The process of generating arguments and counter-arguments for a legal question, exploring different perspectives and viewpoints.

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Evolution of English Common Law

The development of English law from the Norman Conquest, through various stages, shaping the modern legal system of England and Wales.

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Doctrine of Precedent (Stare Decisis)

The use of past judicial decisions as binding precedents, creating a system of legal consistency.

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Common Law Remedies

The legal process of resolving disputes, emphasizing the role of custom and tradition as primary sources of law.

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Equity

A branch of English law developed to address the limitations of common law, seeking to create fairness and flexibility.

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Legal Issue

A concise statement of the specific legal question at hand. It should be framed as a question that can be answered with a 'yes' or 'no'.

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Legal Authority

Statements of existing law, such as case law (judicial decisions), statutes (legislation), and academic writing.

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Statement of Facts

A chronological summary of the key facts of the case that are relevant to the legal issues being analyzed.

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Application

The process of applying legal rules to the specific facts of a case.

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Supporting Arguments

Proving a legal point by providing evidence, such as case law, statues, academic articles, or expert opinions.

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Study Notes

  • 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.
  • 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.
  • 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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