Podcast
Questions and Answers
What are the two primary sources of law in the Common Law system?
What are the two primary sources of law in the Common Law system?
What is the term used for the main laws passed by legislative bodies in the UK?
What is the term used for the main laws passed by legislative bodies in the UK?
Primary legislation.
What is the primary source of case law?
What is the primary source of case law?
Judicial decisions that interpret statutes and other enacted law.
Explain the 'Stare Decisis' doctrine and its implications.
Explain the 'Stare Decisis' doctrine and its implications.
Signup and view all the answers
Courts can modify statutes.
Courts can modify statutes.
Signup and view all the answers
What is the legal term for a judicial opinion that illustrates how legal rules and doctrines apply to the facts of a specific case?
What is the legal term for a judicial opinion that illustrates how legal rules and doctrines apply to the facts of a specific case?
Signup and view all the answers
The territorial scope of parliament legislation is limited.
The territorial scope of parliament legislation is limited.
Signup and view all the answers
What are the two types of authorities cited in the text?
What are the two types of authorities cited in the text?
Signup and view all the answers
Secondary authorities are binding in law.
Secondary authorities are binding in law.
Signup and view all the answers
Ratio decidendi is a court's reasoning for its decision.
Ratio decidendi is a court's reasoning for its decision.
Signup and view all the answers
Obiter dicta are legally binding.
Obiter dicta are legally binding.
Signup and view all the answers
What does it mean to “dumb down” an essay question?
What does it mean to “dumb down” an essay question?
Signup and view all the answers
What are the two main steps involved in analyzing a case?
What are the two main steps involved in analyzing a case?
Signup and view all the answers
What is the IRAC method, and how is it used in analyzing a case?
What is the IRAC method, and how is it used in analyzing a case?
Signup and view all the answers
What is the purpose of summarizing the relevant facts in chronological order?
What is the purpose of summarizing the relevant facts in chronological order?
Signup and view all the answers
What is the purpose of a conclusion in a legal analysis?
What is the purpose of a conclusion in a legal analysis?
Signup and view all the answers
Study Notes
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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
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.
