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Chapter

Cover Ashworth's Principles of Criminal Law

16. Communication Offences  

This chapter considers a range of ‘communication’ offences. The main focus is the offence of publishing an obscene article, contrary to the Obscene Publications Act 1959, and the offences under section 127 of the Communications Act 2003 and section 1 of the Malicious Communications Act 1988, concerned with the sending of false, indecent, or offensive messages. These offences are considered in the light of the right to free expression under Article 10 of the ECHR and the abolition of criminal defamation, and of the importance of allowing uninhibited political debate while protecting those taking part in such debate from abuse and threats.

Chapter

Cover Equity and Trusts Concentrate

8. Secret trusts  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses secret trusts. Secret trusts allow property to be left to someone in a will without explicitly naming that person. This is achieved by a bequest to a person who has previously promised to hold that property as trustee for the intended recipient. The anonymity provided by a secret trust is important, as all wills are public documents and therefore open to scrutiny. Secret trusts can be either fully secret or half secret. To establish a valid secret trust there must be: an intention to create a trust; communication of that intention; and acceptance of the trust obligation.

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.

Chapter

Cover Essential Cases: Contract Law

Entores Ltd v Miles Far East Corporation [1955] 2 QB 327  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Entores Ltd v Miles Far East Corporation [1955] 2 QB 327. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Entores Ltd v Miles Far East Corporation [1955] 2 QB 327  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Entores Ltd v Miles Far East Corporation [1955] 2 QB 327. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Legal Systems & Skills

10. Persuasive oral communication and presentations  

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

This chapter first explains the fundamental oral communication skills law students need, including non-verbal communication such as eye contact and body language. It then shows students how to use these skills to deliver an effective presentation during legal studies, whether in class, for an assessment, or otherwise, such as in a law clinic. It then goes on to develop these skills for practice, and provides guidance as to why, when, and how a lawyer must employ persuasive oral communication with clients.

Chapter

Cover European Intellectual Property Law

20. Introduction to Rights in Data and Information  

Justine Pila and Paul L.C. Torremans

This chapter provides an overview of rights in data and information. It discusses the impetus for the creation of ‘rights’ in information, which is found in the financial investment in the gathering and the organization of the data and information. This area is entirely about the protection of investment against the ease of copying. The nature of what emerges is therefore also radically different from the traditional IP rights. Traditional IP rights such as patents, trade marks, and copyright are exclusionary rights, but they are transferable in nature. One can assign these rights. But in the area of ‘rights’ in information, non-transferability is the norm.

Chapter

Cover Understanding Jurisprudence

12. Why punish?  

The question of how or why or whether convicted offenders should be punished is controversial in most societies.Whether a judge or magistrate fails to penalize a convicted criminal sufficiently harshly or whether a sentence is too severe is a matter of continual public interest and debate. This chapter briefly considers how the exercise of punishment—in pursuit of the enforcement of the criminal law—might be validated and discusses the various justifications for the exercise of the state’s power to deprive individuals especially of their liberty, life, or, property. These include the concepts of retributivism, consequentialism, restorative justice, and communication.

Chapter

Cover Legal Systems & Skills

10. Persuasive oral communication and presentations  

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

This chapter provides an understanding of why students and professional lawyers need good oral communication skills. It explains the difference between verbal skills and non-verbal skills such as eye contact and body language. It then shows students how to develop these skills to have their voice heard. Guidance is provided about how to deliver an effective presentation during legal studies, whether in class, for an assessment, or otherwise, such as in a law clinic. It then proceeds to consider how to develop these skills for practice, and provides guidance as to why, when, and how a lawyer must employ persuasive oral communication with clients. The particular issues arising from online communication, such as on Teams and Zoom calls, are explored.

Chapter

Cover Legal Systems & Skills

11. Client interviews and meetings  

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

This chapter builds on the learning from Chapter 10 about persuasive oral communication skills. It considers these skills specifically in the context of client interviews and meetings. It covers interview role-plays and assessments in academia, and interviews, meetings and calls in practice. A flowchart is provided for use as a guide on how to structure an effective first meeting or interview with a client. Consideration is given to the importance of rapport and how to establish it. Information is provided on the particular advantages and challenges of meeting using legal tech, including over the phone or in video conference, and how to overcome those challenges. Guidance is provided on effective note-taking and the production of an attendance note.

Chapter

Cover A Practical Approach to Alternative Dispute Resolution

13. The Negotiation Process  

This chapter explores the negotiation process. Good communication skills are very important for effective negotiation. Each negotiator should make clear any limits on authority, and whether any settlement will be subject to client approval. Indeed, agenda setting and opening are important in gaining control of a negotiation. It is normal to move through each issue reasonably systematically, making best use of information, analysis, and presentation. It is also important to deal with concessions, offers, and demands effectively to get the best outcome for the client. The negotiator should be able to identify the problems that can arise in a negotiation process and the techniques that may be used to overcome them. If a negotiation is successful, an oral contract is reached; the terms should then be clarified and recorded. Even if the negotiation is not successful, progress may be made with regard to the case.

Chapter

Cover Contract Law Directions

2. Agreement  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. A contract requires that the parties reach an agreement which normally consists of a matching offer and acceptance. This chapter discusses the following: the objective test of agreement; identifying an offer and acceptance; rejection, counter-offers and inquiries; communication of acceptance including the postal rule and the contrasting rule for revocation; mode of acceptance; the death of an offer; and unilateral contracts.

Chapter

Cover Information Technology Law

11. Copyright in the digital environment  

This chapter examines copyright issues from copying and distributing information from the internet. It considers the discussion focuses on how the internet has challenged the application and development of copyright law, considering web-copyright concerns such as linking, caching, and aggregating, citing Google Inc. v Copiepresse SCRL. It spends considerable time discussing the operation of the temporary eproduction right though key cases Infopaq International, and Public Relations Consultants Association v Newspaper Licensing Agency. The analysis then moves on to examine the communication to the public right created by the Copyright and Related Rights in the Information Society Directive, examining the application of the right through key cases such as Nils Svensson v Retriever Sverige, GS Media v Sanoma Media, and Stichting Brein v Ziggo BV.

Chapter

Cover Essential Cases: Contract Law

Dickinson v Dodds (1876) 2 Ch D 463  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Dickinson v Dodds (1876) 2 Ch D 463. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Dickinson v Dodds (1876) 2 Ch D 463  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Dickinson v Dodds (1876) 2 Ch D 463. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Information Technology Law

16. Copyright protection  

This chapter discusses protection under the law of copyright. Topics covered include copyright basics; obtaining copyright; forms of protected work; the requirement of originality; copyright ownership; copyright infringement; the nature of copying; other rights belonging to the copyright owner; the development of software copyright; and literal and non-literal copying. The law of copyright is perhaps the major branch of intellectual property law relevant to computer software. Virtually every piece of software will be protected by copyright. The main issue concerns the extent of the protection that is offered. Computer programs are generally protected as literary works. This was appropriate in the early days where computers performed essentially functional tasks – often associated with mathematical calculations. It is arguable that modern software, which often makes extensive use of graphical images, is more akin to an artistic work than a literary one. Regardless of categorization, the courts in the United Kingdom have applied a narrow interpretation of the scope of copyright. Reproduction of the underlying code will be unlawful but replication through independent work of the effects produced by the code (often referred to a non-literal copying) will not.

Chapter

Cover European Intellectual Property Law

12. The Rights Conferred by Copyright and Related Rights  

Justine Pila and Paul L.C. Torremans

This chapter considers the nature and scope of the rights conferred by copyright and related rights under European law. The starting point for this discussion are domestic conceptions of copyright and related rights as conferring a range of economic and moral rights on authors and related rights holders to authorize or prohibit certain acts in relation to the protected work or subject matter within the territory of the protecting state, subject to the availability of a limitation or exception. With this as background, the chapter considers the precise nature and scope of the rights conferred by copyright and related rights as a matter of European law, and such aspects of those rights as remain untouched by European law.

Chapter

Cover Contract Law

2. Bargaining and agreeing  

Offer, acceptance, and formation

This chapter focuses on agreement between parties as a requirement in the formation of a contract. Agreement is said to be reached when one party (the ‘offeree’) makes an offer to another proposing certain terms by which he intends to be bound, which that other party accepts as made. An agreement will only be taken to have been reached if the acceptance perfectly mirrors the offer. This chapter first examines the relatively straightforward situation of a seller and buyer bargaining over a prospective sale. It explains the distinction between an offer, an invitation to treat, and a counter-offer, as well as the importance of communicating acceptance and applicability of the postal rule to modern forms of communication. It also considers how the principles of offer and acceptance translate to other forms of contracting. The chapter covers the most influential and important cases in the subject area.

Chapter

Cover Contract Law Directions

2. Agreement  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. A contract requires that the parties reach an agreement which normally consists of a matching offer and acceptance. This chapter discusses the following: the objective test of agreement; identifying an offer and acceptance; rejection, counter-offers and inquiries; communication of acceptance including the postal rule and the contrasting rule for revocation; mode of acceptance; the death of an offer; and unilateral contracts.

Chapter

Cover Information Technology Law

11. Copyright in the digital environment  

This chapter examines copyright issues arising from copying and distributing information on the internet. The discussion focuses on how the internet has challenged the application and development of copyright law, considering web-copyright concerns such as linking, caching, and aggregating, citing Google Inc. v Copiepresse SCRL. It spends considerable time discussing the operation of the temporary reproduction right through key cases Infopaq International and Public Relations Consultants Association v Newspaper Licensing Agency. The analysis then moves on to examine the communication to the public right created by the Copyright and Related Rights in the Information Society Directive examining the application of the right through key cases such as Nils Svensson v Retriever Sverige, Stichting Brein v Ziggo BV, VG Bild-Kunst v Stiftung and Tunein Inc. v Warner Music. It concludes with a discussion of the newly enacted Copyright in the Digital Single Market Directive.