Common Law Legal Method Overview

Common Law Legal Method

• Theoretical elements form a solid base for practical questions.
• Different classes involve lectures (taking intelligent notes for understanding) and tutorials (mandatory reading before).
• Notetaking strategies include:
  • Lectures: summarizing readings, case briefs, using laptops/notebooks, visual aids (colour-coded for case law and statutes).
  • Tutorials: dissenting opinions, summaries of readings before class.
  • Laptops/notebooks and visual aids are helpful for exam preparation.
• Colour-coding material helps organize the exam preparation.
  • Examples include: case law, statutes, and key words.
• Dates and abbreviations are important tools in note-taking.
• Visual learners benefit from visual aids.
• Study groups are beneficial to identify objectives, collaborate, improve reading skills and allow for different conversations around the tutorials.
• Time management is crucial in managing lecture time effectively.

Foundations of Legal Analysis – Overview

• Lawmakers create and change laws generally through courts and legislatures.
• Legislatures hold legislative power to create legislation.
• Case law and statutes are different sources.
• Law can come from various sources, including case law and statutes.
• Legal statutes evolve constantly.

Evolution of Law

• Laws evolve and require constant updates due to changing legal issues and to cover possible future situations
• Legislation that is enacted forms an important source of creating modern law.
• Historical evolution of law is important.

Jurisprudence – Sources of Law

• Jurisdiction refers to a court's power to hear or decide a case;
• It has territorial limitations (within a specific jurisdiction geographically).
• Legislation created within one jurisdiction is applicable within its limits.
• Legislation influences many different courts and their decisions.

Sources of Law, Authorities, and Courts

• Legislation (including statutes and regulations) is a primary source of law.
• Case law is derived from courts' decisions.
• Customs, legal articles/journals and legal newspapers are secondary sources of law.
• Courts and attorneys use various authorities to strengthen or oppose legal propositions, including precedents from case law and legislation.
• Different legal systems have different types of authorities and sources of law.
• The authoritative weight of a court's decision depends on its position in the court hierarchy.
• Superior courts have more weight than lower courts in decisions.
• Distinctions in court hierarchies exist between state courts and federal courts (in U.S.).
• Court hierarchies (in England and Wales) include United Kingdom Supreme Court, Court of Appeal, High Court, Crown Court, etc.
• Common law is case law in the absence of enacted law.

Jurisdiction

• It's the power of a court to hear a case,
• It has territorial limits within the jurisdiction.
• Legislation created by one parliament is only applicable within its territorial jurisdiction.

Judicial Jurisdiction

• Judicial jurisdiction refers to the geographical areas in which a court can operate.

Reading and Understanding Statutes

• Statutes are read and analysed according to established methods.
• Find the main terms and dates relevant to the statute topic/area.
• Using citation helps trace case details, issues, and legal conclusions.

Applying the IRAC Method

• Use the IRAC Method to organise legal arguments systematically (issues, rule, application, and conclusion);
• Apply it to organise different arguments
• Issue: Is there a legal issue to be considered?
• Rule: Relevant statute or case law to the issue.
• Application: Applying the rules to the facts of a particular issue.
• Conclusion: Summarising whether the client has likely to succeed or fail, or their potential remedies.

Explore the foundational aspects of Common Law Legal Method through effective note-taking strategies and study techniques. This quiz covers practical approaches used in lectures and tutorials, including color-coded systems and the importance of collaboration in study groups. Enhance your understanding of legal materials and improve your exam preparation skills.