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Chapter

Cover A Practical Approach to Alternative Dispute Resolution

11. Styles, Strategies, and Tactics in Negotiation  

This chapter describes the styles, strategies, and tactics that may be used in negotiation. A proper understanding and use of style, strategy, and tactics is a very important part of securing the best possible outcome for a client. As such, specific strategy and tactics should be planned in advance for each case so that they can be implemented to best effect. The main strategies are co-operative, competitive, collaborative, and pragmatic, each of which has strengths and weaknesses. A wide range of tactics can also be used, relating to information, offers, demands, structure, and presentation. Tactics can and should be used to support any strategy. In addition to using strategy and tactics effectively, lawyers should use their understanding to identify and address the strategy and tactics used by their opponent.

Chapter

Cover Legal Skills

16. Revision and examination skills  

This chapter provides a selection of practical tips on formulating an effective revision strategy from planning and organization through to a series of practical tasks that can be undertaken alone or in groups. The overall aim is to provide some insight into the various ways that revision can be made more variable, engaging, and effective. The discussions cover how to prepare for revision; reviewing each subject; revision strategies; and issues related to exams.

Chapter

Cover Legal Skills

16. Revision and examination skills  

This chapter provides a selection of practical tips on formulating an effective revision strategy from planning and organization through to a series of practical tasks that can be undertaken alone or in groups. The overall aim is to provide some insight into the various ways that revision can be made more variable, engaging, and effective. The discussions cover how to prepare for revision; reviewing each subject; revision strategies; and issues related to exams.

Chapter

Cover Business Law

1. How to Study Law for Businesses  

This chapter begins by identifying the reasons that make the study of business law an important aspect in the wider context of business. It identifies strategies and good practice that will help a student with their studies, and provides a sample problem-type question and guidance on how to prepare a law-based answer. Business law is a distinct topic from other modules on accountancy, business, and management courses. A knowledge of the law cannot be bluffed—it is necessary to be aware of the relevant laws and think about business problems from a legal standpoint. This approach will ensure that legal questions are answered with reference to the law, which is crucial to being successful in the business law module.

Chapter

Cover Essential Cases: Equity & Trusts

Cowan v Scargill [1985] Ch 270, Chancery Division  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Cowan v Scargill [1985] Ch 270, Chancery Division. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Essential Cases: Equity & Trusts

Cowan v Scargill [1985] Ch 270, Chancery Division  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Cowan v Scargill [1985] Ch 270, Chancery Division. The document also includes supporting commentary from author Derek Whayman.

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 A Practical Approach to Alternative Dispute Resolution

15. Preparation for the Mediation  

This chapter identifies the procedures of preparing for mediation. If the parties to the dispute have appointed lawyers, then the lawyers will undertake most of the preparatory work that is required for a mediation. A lawyer will often be required to describe what happens in the mediation process, select and agree the appointment of a suitable mediator, agree the terms of the mediation agreement, and locate and book (if necessary) the venue for the mediation. They are also required to sort out preliminary ground rules for the mediation with the mediator and the other parties such as the documents that need to be prepared and (if necessary) exchanged, decide whether expert evidence should be sought on any issue in advance of the mediation, and who should attend the mediation on behalf of each party. The lawyer who is instructed to attend the mediation will also need to prepare thoroughly for it and this will include consideration of the negotiating strategy and tactics they will employ during the mediation.

Chapter

Cover The Oxford Textbook on Criminology

26. Crime prevention  

This chapter highlights crime prevention. Preventive strategies represent an approach that is less concerned with dispensing justice than with minimising the risk of crime being committed in the first place. Crime prevention strategies are thus based on a combination of assumptions about human motivations and research evidence about observed patterns of offending behaviour. The chapter then looks at the political and strategic factors that may influence decisions about which crimes to try to prevent. It considers perspectives on crime prevention focusing on potential offenders (in terms of deterrence and diversionary approaches), potential victims, and the idea of community safety and well-being. Finally, the chapter addresses some of the continuing and unresolved questions about the purported achievements and effectiveness of crime prevention strategies.

Chapter

Cover Essential Cases: Equity & Trusts

Nestlé v National Westminster Bank Plc [1993] 1 WLR 1260, Court of Appeal  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Nestlé v National Westminster Bank Plc [1993] 1 WLR 1260, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Environmental Law

9. Regulatory Strategy  

This chapter discusses the meaning and role of regulatory strategy in English and EU environmental law. Regulatory strategy is often thought of as an instrument to achieve certain environmental protection ends but the chapter argues that, despite the availability of a plethora of regulatory tools to implement them, regulators often face significant challenges to act in a strategic manner and to turn environmental regulatory strategy into an effective instrument of behavioural change. Against this background the chapter outlines the strengths and weaknesses of the key regulatory strategies currently adopted by both public and private regulators in a range of jurisdictions.

Chapter

Cover Essential Cases: Equity & Trusts

Nestlé v National Westminster Bank Plc [1993] 1 WLR 1260, Court of Appeal  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Nestlé v National Westminster Bank Plc [1993] 1 WLR 1260, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Environmental Law

7. The regulation of environmental protection  

Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

This chapter introduces the system of environmental regulation by building upon Ch. 4, which examined the sources of environmental law. In practice, environmental regulation involves more than the use of legal rules that forbid pollution and other forms of environmental harm. ‘Regulation’ is used to describe a wide range of different tools used in both legal and non-legal contexts—for example, it covers mandatory rules contained in environmental legislation, as well as non-binding environmental standards. The chapter outlines some of the reasons for regulating to protect the environment, before explaining how such regulation is introduced, applied, enforced, and reviewed. It examines the characteristics, strengths, and weaknesses of different approaches to standard-setting and the various instruments used to regulate potentially environmentally damaging activities. The chapter discusses several trends in modern environmental regulation, including the policy emphasis on deregulation and the use of information disclosure as a means of governing group or individual behaviour.

Chapter

Cover Legal Systems & Skills

8. Research  

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

This chapter explores legal research and research skills in practice. It explains the purpose of legal research. A practical legal research strategy is provided, and guidance is given on each stage of that strategy. Information is provided about how to analyse a research task. Different types of resources are considered, including primary and secondary sources. Consideration is given to electronic sources, and how to identify a decent electronic source from one which is not appropriate. Information is provided about the most popular online databases, including how to ensure your research is up to date. Finally, guidance is provided about how to record the research trail and how to report the results of the research.

Chapter

Cover The Oxford Textbook on Criminology

27. Crime control  

This chapter reflects on the crime control approach. Criminologists and criminal justice practitioners who adopt this standpoint accept that crime is inevitable; but they are also committed to minimising its effects, either by restricting opportunities to offend or by acting decisively where crimes are committed. Crime control and retributive interventions may well coincide, despite their differing motivations, for example in the case of imprisonment. But crime control also extends well beyond deterrent sanctions to include other measures geared towards the assessment and management of potential risks, target hardening, proactive policing, offender surveillance, and restrictions. The chapter then looks at the role of the police in crime control including zero tolerance, intelligence-led policing, and community policing as well as the role of other agencies, such as architects, the community, private security providers, and the judiciary. It considers how predictive tools might be used to minimise the risk of reoffending and assesses some of the impacts and outcomes of crime control strategies.

Chapter

Cover Legal Systems & Skills

11. Client interviews and meetings  

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

This chapter

Chapter

Cover Legal Systems & Skills

8. Research  

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

This chapter first explains the purpose of legal research. It then discusses approaches and strategies for carrying out legal research in both academia and practice, which include planning, research techniques, updating, and recording and presenting research. It also considers primary and secondary sources of legal material.

Chapter

Cover Legal Systems & Skills

12. Negotiation and mediation  

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

This chapter provides guidance as to how to conduct a negotiation and a mediation, and explains the difference between the two. It explains how, why, and when a law student might require these skills, and how to further develop the skills for professional practice. Advice is given about how to prepare a negotiation plan.