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Chapter

This chapter considers the contributions of academic activities to the acquisition of key employability skills. Specifically, it discusses each of the academic activities undertaken by law students and explains how these develop key employability skills. These activities include essay writing; answering problem questions; dissertation; other forms of assessment; revision and examinations; and lectures and tutorials.

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This chapter addresses the issues and arguments surrounding access to justice. The chapter considers the recent reforms and proposed changes to legal aid provision. There is an outline of the basic principles relating to public funding in both civil and criminal cases. Different methods of funding civil legal representation are discussed including CFAs and DBAs. Organisations involved in giving legal advice on a pro bono basis, including Citizens Advice Bureaux and law centres, are also included. in the discussion about the availability of legal advice. The chapter aims to stimulate thought about the idea of access to justice and whether such access is fair and open to all in England and Wales.

Chapter

This chapter addresses the issues and arguments surrounding access to justice. The chapter considers the recent changes and proposed changes to legal aid provision. There is an outline of the basic principles relating to public funding in both civil and criminal cases. Different methods of funding civil legal representation are discussed including CFAs and DBAs. Organisations involved in giving legal advice include Citizens’ Advice Bureaux and law centres are also included in the discussion about the availability of legal advice.

Chapter

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter discusses the acquisition of ownership in Roman law. It covers derivative modes of acquiring ownership; original modes of acquiring ownership; and gifts.

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This chapter discusses the acquisition of ownership in Roman law. It covers derivative modes of acquiring ownership; original modes of acquiring ownership; and gifts. The methods of acquiring ownership inter vivos can be classified in a number of ways. For example, some methods can be described in modern civilian systems as ‘original’—where the acquisition of ownership did not depend on there being a prior owner—whereas others were derivative, i.e. where ownership was derived from a prior owner. Or some methods were formal, others causal: in the former case ownership passed because of the use of particular form and ceremony, whereas in the latter case ownership depended on the ground or ‘cause’ of the acquisition.

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This chapter explains how the IRAC method of legal essay writing can be adapted for professional practice, with particular reference to drafting original documents (letters, attendance notes, memoranda, briefs (instructions) and opinions) that do not rely on precedents. While the discussion does not go into the same amount of detail as a professional legal training course, it does outline the forms of documents that every law student will encounter in legal practice and demonstrate how the IRAC method can be used to create those types of documents. The chapter also provides a brief overview of various formatting issues that may arise in professional practice. Writing tips are provided throughout the chapter.

Chapter

This chapter explains how the IRAC method of legal essay writing can be adapted for use with ‘discuss’ type questions, focusing on the following topics: what a ‘discuss’ question is asking you to do; how to structure the ‘discuss’ essay; and how to adapt each of the four IRAC steps (issue, rule, application, conclusion) to ‘discuss’ questions. The discussion also identifies the three basic types of ‘discuss’ questions (legal theory, legal reform and legal history) and describes the best way to approach each particular category of questions and the best types of legal authorities to introduce to do well. Tips on writing legal essays and exams are given.

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This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society, overseeing the relationship between the citizen and the state. Again adopting the holisitic approach, the chapter discusses not only the role of the courts, but also the tribunals, ombudsmen, and other bodies and processes that together make up the institutional framework of administrative justice. It notes some of the key changes being introduced as a result of the current transformation programme. It also considers the particular responsibilities of Members of Parliament in holding government to account. In addition, it asks who has general oversight of the system and whether current oversight arrangements are adequate.

Chapter

Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard

This chapter focuses on advocacy, mooting, and communication skills. The section on advocacy skills considers the preparation and use of skeleton arguments and case bundles.

Chapter

This chapter focuses on advocacy, mooting, and communication skills. It first explains the term ‘communication skills’ and then discusses their application in presentations, advocacy, mooting, face-to-face communication, and communication by telephone. The section on advocacy skills considers the preparation and use of skeleton arguments and case bundles.

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This chapter sets out the basic aims, themes, and structure of this book. The book provides an introductory account of the English legal system, how it has developed in recent years, and how it may develop in future. Part II raises fundamental issues about the social functions of law and the legitimacy of law; and considers the institutional framework within which law is made. Part III looks at the different context in which law is developed and practised. Part IV looks at the delivery and funding of legal services. Part V returns to the theme of transformation and the challenges to be faced.

Chapter

Alternative Dispute Resolution (ADR) describes any method of resolving legal disputes other than through litigation in the ordinary courts or tribunals. ADR includes methods such as arbitration, mediation, adjudication, conciliation, med-arb, and early neutral evaluation/expert determination. This chapter explains why ADR in general exists, its many advantages (compared to litigation) as well as its disadvantages, and the differences between the various forms of ADR. The chapter examines the case law over the last fifteen years on the ‘cost consequences’ of a failure by one party to a legal dispute to engage in ADR when presented with the opportunity to do so. The chapter considers whether ADR should ever be made compulsory and the extent to which the parties to a dispute, having agreed to resolve their dispute through ADR, can be compelled to honour that agreement.

Chapter

Alisdair A. Gillespie and Siobhan Weare

This chapter considers alternative dispute resolutions (ADR), which are ways that a dispute can be settled outside of the court process. The chapters considers the growth of ADR and how the courts now require litigants to consider ADR before commencing legal action. The courts have wide powers to encourage ADR and this chapter considers these powers and why the courts try to encourage ADR. The key forms of ADR are then presented, together with an analysis of their strengths and weaknesses.

Chapter

This chapter discusses the following: alternative dispute resolution (ADR) and civil justice; mediation; arbitration; ADR in different settings; judicial decisions and ADR; evaluating ADR; and the attitude of the legal profession towards ADR.

Chapter

Alternative Dispute Resolution (ADR) describes any method of resolving legal disputes other than through litigation in the ordinary courts or tribunals. ADR includes methods such as arbitration, mediation, adjudication, conciliation, med-arb, and early neutral evaluation/expert determination. This chapter explains why ADR in general exists, its many advantages (compared to litigation) as well as its disadvantages, and the differences between the various forms of ADR. The chapter examines the case law over the last fifteen years on the ‘cost consequences’ of a failure by one party to a legal dispute to engage in ADR when presented with the opportunity to do so. The chapter considers whether ADR should ever be made compulsory and the extent to which the parties to a dispute, having agreed to resolve their dispute through ADR, can be compelled to honour that agreement.

Chapter

This chapter examines the ethical issues raised by alternative dispute resolution (ADR). It first looks at the process of negotiation, which is the way in which lawyers resolve most disputes. It then considers other forms of ADR, including mediation and, briefly, arbitration. The chapter highlights the advantages and disadvantages of these processes. It also considers what attracts clients to use these forms of dispute resolution.

Chapter

This chapter focuses on the skills needed to use the law to answer a problem question. It guides students through the process of analysing a scenario in order to identify the relevant issues to ensure that their answers are comprehensive and do not miss any important points. It outlines strategies to ensure that the law is applied effectively and that good use is made of supporting authorities.

Chapter

This chapter discusses the various components of the applications process, which include advice on compiling CVs, completing application forms, and writing a good covering letter. The components of each application will vary depending on the particular opportunity being pursued—be it a training contract, pupillage, or a job—but each component has something in common; that is, that they communicate the employability skills developed throughout one's studies.

Chapter

This chapter explores the application of the principles discussed in the preceding chapter to specific cases. It imagines how four lawyers might respond to three different scenarios. The first is taken from criminal law. The other two are taken from commercial law and family law. The four lawyers represent different schools of thought on lawyers’ ethics.

Chapter

This chapter focuses on the powers of the police to arrest, detain, and question suspects. It discusses voluntary assistance; powers of arrest; arrest in context; some issues relating to arrest practices; requirements for a valid arrest; arrest powers of other actors in the legal system; and detention.