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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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.
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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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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.
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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 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.
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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.
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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.
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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.
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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.
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This chapter discusses what it means to ‘handle precedent’, to ‘interpret statutes’, and to do justice ‘fitted to the needs of the times in which we live’. It provides answers to the following questions: When and how should policy arguments be used? How should foreign case names be pronounced in a moot? What is the correct way to refer to a case? Is it acceptable to give a personal view of the relevant law? When is an authority binding on a moot court? How can one escape from an inconvenient authority? In what circumstances can a case be overruled? How and when can a case be distinguished in law from another? How and when can a case be distinguished on its facts from another? What is the distinction between a judge's finding of fact and his or her decision on the law? What is the status of a judgment of the Divisional Court? Is a ‘Jessel’ better than a ‘Kekewich’? When is a change in the law a matter for Parliament and when is it a matter for the courts?
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This chapter describes barristers, also known as counsel, or with the full title of barrister-at-law. Unlike solicitors, barristers cannot work in partnership with one another, and are all self-employed. However, some barristers are employed directly by companies as ‘in-house’ lawyers; they are called ‘employed barristers’. Barristers appear on a regular basis in cases in the Crown Court, the High Court, and the various courts of appeals. A growing number of barristers now specialise in just one or two aspects of litigation, which means that they may specialise in either criminal cases, or one or more types of civil cases. Those who wish to be barristers must first become members of one of the four Inns of Court — Middle Temple, Inner Temple, Lincoln's Inn, and Gray's Inn — and must pass all necessary law exams.
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This chapter describes the role of books (student textbooks, cases and materials books, monographs, practitioners’ books, legal encyclopaedias and digests, dictionaries, revision guides), journals (general journals, specialist journals, practitioner journals, foreign journals), and official publications (Command Papers, bills, parliamentary papers, parliamentary debates, Law Commission reports) among the secondary sources which may be encountered during legal studies.
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This chapter describes the role of books (student textbooks, cases and materials books, monographs, practitioners’ books, legal encyclopaedias and digests, dictionaries, revision guides), journals (general journals, specialist journals, practitioner journals, foreign journals), and official publications (Command Papers, bills, parliamentary papers, parliamentary debates, Law Commission reports) among the secondary sources which may be encountered during legal studies.
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Paul du Plessis
Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. Borkowski's Textbook on Roman Law provides an account of Roman private law and civil procedure, with coverage of all key topics, including the Roman legal system, and the law of persons, property, and obligations. The text sets the law in its social and historical context, and demonstrates the impact of Roman law on our modern legal systems. For the fifth edition, references to a wide range of scholarly texts have been included, to ground the account of Roman law firmly in contemporary scholarship. Examples from legal practice have been added. The text has been updated to reflect current scholarly opinions. References to the latest legal scholarship on Roman law, such as Hausmaninger, Gamauf and Sheets' A Casebook on Roman Property, have been included to reflect the most recent developments in the field.
Book
Paul J. du Plessis
Course-focused and comprehensive, Borkowski’s Textbook on Roman Law provide an accessible overview of the key areas on the law curriculum. Borkowski’s Textbook on Roman Law provides an account of Roman private law and civil procedure, with coverage of all key topics, including the Roman legal system, and the law of persons, property, and obligations. The text sets the law in its social and historical context, and demonstrates the impact of Roman law on our modern legal systems. For the sixth edition, the text has been comprehensively reviewed and references to a wide range of scholarly texts have been included, to ground the account of Roman law firmly in contemporary scholarship. Examples from legal practice have been added where these illuminate legal doctrine. The text has been updated to reflect current scholarly opinions. References to the latest legal scholarship on Roman law have been included to reflect the most recent developments in the field.
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In the twenty-first century, two important pan-European forces to which English law has been subject are the European Convention on Human Rights (ECHR) and the Human Rights Act (HRA) 1998. This chapter discusses the following: the scope, outline, and enforcement of the ECHR to identify and protect fundamental human rights and freedoms and the balancing of these freedoms against the sovereignty of Parliament; its incorporation into the HRA 1998; incorporation under the devolution Acts; the consequences for legal method; and practical and conceptual issues raised by the HRA 1998 around legal research and argumentation. It closes by looking at the prospects of a ‘British Bill of Rights’.
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This chapter offers tips on how to read, understand, and summarise legal materials. It emphasises the importance of having the building blocks, that is, the understanding of the relevant legal authority, for better organisation and legal writing. This chapter also describes the three types of legal materials with which law students must become familiar in the course of their studies (statutes, cases and legal commentary, including textbooks, treatises and legal articles) and identifies the best way to use each category of authority. The discussion is replete with practical writing tips that will help students prioritise the necessary skills. Examples are also given.
