1-20 of 594 Results

  • Keyword: legalism x
Clear all

Chapter

J. E. Penner and E. Melissaris

This chapter examines the philosophical issues raised by the law’s use of norms, i.e. things that require a standard of behaviour, such as orders, rules, and duties. The discussions cover norms as exclusionary reasons; the variety of norms; and the Hohfeldian characterisation of legal norms.

Chapter

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.

Chapter

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. Legal rights are valued because of the protection they are accorded by the legal system. Over time, a hierarchy is established. It follows that legal rights can be restructured, judicially, simply by according different degrees of protection to different rights. This chapter surveys the techniques introduced by Equity to vary remedies, defences, and procedural practices so as to deliver a more attuned hierarchy of legal rights and, as a result, a more sophisticated legal system. This evolving discrimination is Equity's most pervasive, and least well acknowledged, contribution to the modern common law landscape.

Chapter

This chapter sets out some general theories about ethics. How do we judge what is the right thing to do? What makes a decision morally justifiable? What makes a person good? It considers some ethical disagreements and describes some of the general ethical approaches that are taken to ethical dilemmas. It then addresses the question of whether lawyers’ ethics are any different from others. Finally, it looks at how legal training and legal practice has taken the ethical obligations of lawyers more seriously.

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 techniques involved in basic academic legal writing—an important aspect of one of the key skills required by employers, namely written communication. It covers writing legal essays—conveying information, constructing an argument, and applying the information and arguments to the essay title; answering legal problems and considering questions of legal liability; how to present your answers by use of the IRAC system; planning your answers and checking your work; the significance of referencing and the various methods used to reference work; and marking standards used by various quality assurance bodies and how law essays are marked.

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

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. According to the theory criticized in Chapter IV, the foundations of a legal system consist of a situation in which the majority of a social group habitually obey the orders backed by threats of the sovereign person or persons, who themselves habitually obey no one. While this theory fails to account for some of the salient features of a modern municipal legal system, it does contain, though in a blurred and misleading form, certain truths about certain important aspects of law. These truths can, however, only be clearly presented, and their importance rightly assessed, in terms of the more complex social situation where a secondary rule of recognition is accepted and used for the identification of primary rules of obligation. It is this situation which deserves to be called the foundations of a legal system. This chapter discusses various elements of this situation which have received only partial or misleading expression in the theory of sovereignty and elsewhere.

Chapter

This chapter presents some final thoughts from the author. It suggests that readers may understand the nature of law, and thus jurisprudence, by answering the following questions: What, after studying the many theories discussed in this book, do you believe law is? Can law be analytically severed from morality? Does law have a purpose? If so, what might that purpose be? Can law secure greater justice for all who share our troubled planet? Can greater analytical clarity improve not only our understanding of the concept of law, but also, and as importantly, enhance the prospects of a more just world? Is this the raison d’être of theorizing about law?

Chapter

This chapter provides an introduction to legal reasoning. It first outlines the skills to analyse how judges decide cases. There are various points of view that judges can (and do) take in deciding the outcomes of cases, so the chapter introduces some of the theory behind judicial reasoning before moving on to show how judges reason in practice, how one case can give rise to multiple judgments, and the importance of legal ethics.

Chapter

This chapter discusses the use of the legal knowledge in practice. A good general working knowledge of legal principles for effective legal practice should enable a lawyer to get initial ideas about the legal shape of a case so as to be able to draw up a proper research plan. Without a good general knowledge it can be difficult to know where to start, or to spot areas of a case that might require legal analysis. The chapter explains the use of practitioner sources (i.e. statutes and statutory instruments, case law, books and journals, online resources, and other lawyers); the importance of strategic legal research; planning research and presenting findings; the ways in which law is used in litigation; and combining law and fact to define a case. Once full analysis of facts and law has been put together to define a case, the resulting legal elements and the factual allegations that show the legal elements comprise the issues in the case. These issues are then the focus for all decisions on procedure and evidence, and for case management once proceedings are issued.

Book

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

This chapter provides an introduction to legal reasoning. It first outlines the skills to analyse how judges decide cases. There are various points of view that judges can (and do) take in deciding the outcomes of cases, so the chapter introduces some of the theory behind judicial reasoning before moving on to show how judges reason in practice, how one case can give rise to multiple judgments, and the importance of legal ethics.

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.

Chapter

This chapter discusses the skills needed for drafting legal documents. It covers preparing to draft; responsibility for drafting; getting down to drafting; the appearance, style, and content of the draft; the use of grammar and language; the process of amendment; engrossment and completion; construction of documents; applying the ‘plan, write, revise’ approach; and persuasive and informative drafting.

Chapter

This chapter discusses the skills needed for practical problem-solving. It focuses on understanding the importance of a problem-solving strategy for effective practice; using a variety of problem-solving techniques; and developing an effective risk-management strategy for one’s own work.

Chapter

This chapter discusses the skills of interviewing and advising clients. It covers the purpose of interviews; the importance of non-verbal communication; preparing for initial client interviews; the WASP approach; listening and questioning techniques; providing appropriate advice and information; and establishing a professional relationship with the client.

Chapter

This chapter discusses the processes of continued learning and development throughout one’s legal career. It focuses on how experiential learning happens; how to use personal experiences to become more proficient; and self-development activities.

Chapter

This chapter discusses: the company as a separate legal person; the limited liability of members; the meaning and the processes of ‘piercing the corporate veil’; statutory piercing of the corporate veil; limits to the idea of a company as a ‘person’; and particular illustrations of a company’s separate personality.

Chapter

This chapter discusses how the company acts as a legal person. It covers: contractual liability; corporate capacity; agency and authority in corporate contracting; contracts and the execution of documents; pre-incorporation contracts; corporate gifts; tort liability; criminal liability; whether and in what circumstances knowledge should be imputed to a company or other corporate body; and the conduct of litigation.