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Chapter

Cover Legal Skills

19. Mooting skills  

This chapter provides a step-by-step guide to assist students through the process of preparing and delivering a moot argument with reference made to associated issues, such as conducting legal research and production of a skeleton argument. It highlights the aspects of mooting that students often find worrying or difficult, such as formulating a flowing argument, developing a confident oral presentation style, and dealing with judicial interventions. The chapter is a general guide that will be invaluable for preparation of any moot but a sample moot is used throughout as a source of specific explanation and illustration.

Chapter

Cover Legal Skills

19. Mooting skills  

This chapter provides a step-by-step guide to assist students through the process of preparing and delivering a moot argument with reference made to associated issues, such as conducting legal research and production of a skeleton argument. It highlights the aspects of mooting that students often find worrying or difficult, such as formulating a flowing argument, developing a confident oral presentation style, and dealing with judicial interventions. The chapter is a general guide that will be invaluable for preparation of any moot but a sample moot is used throughout as a source of specific explanation and illustration.

Chapter

Cover A Practical Approach to Alternative Dispute Resolution

12. Preparing for Negotiation  

This chapter details the process of preparing for negotiation. The purpose of a negotiation is to get the best possible outcome for the client, so planning should be based on a careful identification and prioritization of the client's objectives. Context is very important and relatest o the implications of the stage the case has reached. The lawyer should identify the issues that need to be negotiated, and analyse the facts, evidence, and law to put together persuasive arguments on each issue. They should evaluate their case carefully to plan potential concessions, demands, and offers, so that they are clear what they want to get on each issue, and what the possible fallback positions are. The chapter also considers the importance of planning a best alternative to a negotiated agreement (BATNA) and worst alternative to a negotiated agreement (WATNA) to provide a context for assessing offers and the possible overall outcome of the negotiation.

Chapter

Cover The Successful Law Student: An Insider's Guide to Studying Law

4. Learning and Studying Law  

This chapter considers approaches to and developments in teaching and learning in law programmes. It looks at the student’s role in the learning process, and how they may be able to enhance their learning in law, for example by understanding learning strengths and working with them. The chapter also considers the importance of critical thinking and analysis in legal learning and beyond, and the notion of ‘thinking like a lawyer’. It considers techniques for responding to legal problems and questions, looking at the ‘IRAC’ (or ‘ILAC’) and ‘CEEO’ methods. It also considers the importance of making connections and developing argument and analysis.

Book

Cover Learning Legal Rules
Learning Legal Rules brings together the theory, structure, and practice of legal reasoning in order to help the reader to develop both their knowledge and reasoning skills. It provides techniques of legal research, analysis, and argument, and explains the operation of precedent as well as effective statutory interpretation. When studying law, it is easy to become focused on the substantive aspects of the subject—the concepts, rules, and principles that go to make up contract, tort, crime, etc. In order to study and practise law effectively, it is essential not only to understand what the legal rules are, but also why they are as they are, and what consequences they might have. This requires that you develop the abilities that are the core focus of this book: to find and make sense of the primary and secondary sources of law; to interpret and apply authorities; to construct arguments both about the facts of a case, and as to how and why a particular authority should or should not be applied in a given situation, and to write clearly, and in an appropriate legal style, making reference to authority as necessary, in the proper academic form.

Chapter

Cover Learning Legal Rules

9. ‘Bringing Rights Home’: Legal Method and the Convention Rights  

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’.

Book

Cover A Practical Approach to Effective Litigation
A Practical Approach to Effective Litigation analyses the key skills needed to handle a case effectively. At a time of rapid and wide-ranging change in the delivery of legal services, the current edition reworks the text to take into account the implications of the implementation of the Jackson Review, and to see effective litigation clearly in the context of concerns about funding, case management by the court, costs, and the growing use of alternative dispute resolution. The volume has a strong focus on the needs of the legal practitioner, the decisions to be taken at each stage of a case, and the criteria to apply in making those decisions. This is all securely based in references to relevant Civil Procedure Rules and decided cases, with checklists and commentary to assist in the project management of a case. The work also focuses on the skills a lawyer needs to work effectively. This includes skills in dealing with a client, drafting legal documents, and presenting a case in court. Throughout the work the emphasis is on demonstrating how to use law effectively, how to develop a case, and how to present persuasive arguments. Lawyers operate in an increasingly complex environment, faced with challenges in funding a case, in managing a case to avoid sanctions, and in using complex rules to best effect. The work addresses the use of legal knowledge and skills within this rapidly changing context, bearing in mind not least that the pace of change is likely to continue with the developing use of IT, and the widening use of alternative business structures.

Chapter

Cover A Practical Approach to Effective Litigation

23. Preparing a Case for Trial and Drafting Skeleton Arguments  

This chapter first discusses the importance of the trial date. A period within which the trial should take place (a three-week window) is usually set on allocation even if the precise date is not fixed, so that a focus for litigation is set quite soon after issue. Although the court may show flexibility in reviewing preparations for trial, a trial date will rarely be moved and only for very good reason. The second section outlines the pre-trial review process, covering pre-trial checklists, statements of case, attendance of witnesses, expert evidence, trial date and directions, and preparing trial bundles. The third section deals with preparations for the trial, including the development of trial strategy and preparing to deal with witnesses. The final section discusses skeleton arguments.

Chapter

Cover Concentrate Questions and Answers Company Law

13. Skills for Success in Coursework Assessments  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter provides advice on preparing coursework in company law and the skills required to complete it successfully, to ensure you are best prepared for your assessment. Two coursework example questions, one essay and one problem question, with accompanying answer guidance, are also available. The chapter provides lots of important tips for coursework success and includes a final checklist of issues to consider before submitting your work.

Chapter

Cover How to Moot

9. Authorities – advanced considerations  

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?

Chapter

Cover The Successful Law Student: An Insider's Guide to Studying Law

6. Developing Legal (and Other) Skills  

This chapter considers approaches to and developments in teaching and learning in law programmes. It looks at the student’s role in the learning process, and how they may be able to enhance their learning in law by understanding learning strengths and working with them. The chapter also considers the importance of critical thinking and analysis in legal learning and beyond, and the notion of ‘thinking like a lawyer’. It considers techniques for responding to legal problems and questions, and the importance of making connections and developing argument and analysis.

Chapter

Cover Tort Law: Text and Materials

10. Negligence: Duty of Care—Public Bodies  

This chapter focuses on the negligence liability of public authorities. It discusses how negligence actions against public bodies may have both public and private law dimensions. The discussion of the public law dimension focuses on the mechanisms that have been employed in response to concerns about the political nature of some public authority decisions, and the fact that those decisions frequently involve the balancing of social or economic considerations, and the interests of different sections of the public. The discussion of the private law dimension of negligence actions against public bodies considers policy reasons for limiting the liability of public bodies and statutory responsibilities as a source of affirmative common law duties. The chapter concludes with a consideration of proposals for reform of the law in this area.

Chapter

Cover Legal Systems & Skills

13. Advocacy and mooting  

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

This chapter focuses on advocacy skills required during academia and in practice. The section on academia considers persuasive oral communication and confidence. It provides guidance on how to succeed both in mooting and in criminal advocacy competitions. It examines how to undertake effective case analysis using the IRAC model, and how to prepare skeleton arguments and case bundles. Examples of skeleton arguments are provided. The section on professional advocacy considers professional roles, rights of audience, areas of practice and activities. It covers practicalities such as etiquette, dress, conduct and ethics. The progress made towards a move to digital courts is also explored.

Chapter

Cover Intellectual Property Law

18. Novelty  

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter considers novelty as a prerequisite for an invention to be patentable under both the Patents Act 1977 and the European Patents Convention. More specifically, it tackles three questions to help decide whether an invention is novel: what the invention is; what information is disclosed by the prior art; and whether the invention is novel (part of the state of the art). It also looks at the so-called ‘right to work’ argument, whereby novelty helps to ensure that patents are not used to prevent people from doing what they had already done before the patent was granted, and its modification as a result of changes in the way in which novelty is determined. The chapter concludes by discussing three specific types of inventions and the problems that have arisen when evaluating their novelty: inventions relating to medical uses and non-medical uses, and so-called selection inventions.

Chapter

Cover Legal Systems & Skills

13. Advocacy and mooting  

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.