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Chapter

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

This chapter describes techniques for reading and understanding law, discussing the practicalities of reading in academia and in practice; sources of law; statutes; statutory instruments; case law; and EU law.

Chapter

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. This chapter gives students advice on the skills for success in land law exams. It includes tips on what to do during the module, how to tackle the revision period, and tips for the exam room, as well as advice on the structure and approach to problem questions. It gives advice which starts from the moment the module begins advising on the best way to approach learning and understanding land law and suggests how to get the best out of your lectures and tutorials or seminars.

Chapter

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. This chapter gives students advice on skills for success in equity and trusts exams. It includes tips on what to do during the module, the revision period and in the exam room, as well as advice on the structure and approach to problem questions.

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This chapter explains the two main sources of criminal law in the UK: legislation, that is, Acts of Parliament (or statutes), and case law. It discusses the process by which Acts of Parliament come into existence; European Union legislation and the European Convention on Human Rights; criminal courts in which cases are heard and the systems of law reporting; how to find legislation and case law using various online resources; and how to find the criminal law of overseas jurisdictions.

Chapter

Helen E Norman

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. This chapter begins with an overview of the issues raised in a patent infringement case. It then discusses categories of infringing acts; statutory and case law defences; counterclaiming for revocation of the patent; and the scope of the patentee’s monopoly.

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This chapter focuses on the main tool of the mooter's trade — case authorities. It provides answers to the following questions: What is ‘exchange of authorities’ and is it appropriate to rely on the opponent's authorities? How should authorities be chosen? How should authorities be cited? Should research be delegated to others? Can other people's ideas be used? Should help be sought from tutors? In what ways can the law library be used in preparing for a moot presentation? What is the difference between square and round brackets in a case citation? How should electronic information resources be used? When and how should overseas authorities be referred to? What does the Latin mean in a law report? How can old cases be obtained? Is an authority ever too old to use? In addition to reading a report of a judgment of a case, should counsels' arguments also be read?

Chapter

This chapter examines the specific functions and characteristics of constitutions in general terms—thinking of what the constitutions of Western democratic countries are typically like—rather than with particular reference to the UK, and then considers how the UK’s constitutional arrangements measure up. This is followed by three case studies that illustrate how the different topics considered in this book relate to one another, and which also provide an overview of the type—and importance—of the issues with which public law is concerned.

Chapter

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 how students can structure their answers to coursework questions, and exposes common errors that students make when undertaking coursework. The starting point for obtaining a good grade in an exam is to answer the question set. It is even more important to do so for coursework questions, as students are usually given plenty of time to plan and prepare their answers, and to ask for additional support if needed. Whether answering a problem question or an essay question, students are required to produce a convincing argument using ‘evidence’ from case law, statutory provisions, and academic literature.

Book

Cross & Tapper on Evidence has become firmly established as a classic of legal literature. This thirteenth edition reflects on all recent changes and developments in this fast-moving subject. In particular, it fully examines new case law relevant to evidence of privilege, character, and hearsay. The inclusion of some comparative material provides an excellent basis for the critical appraisal of English law. This book remains the definitive guide to the law of evidence.

Chapter

This chapter examines the specific functions and characteristics of constitutions in general terms—thinking of what the constitutions of Western democratic countries are typically like—rather than with particular reference to the UK, and then considers how the UK’s constitutional arrangements measure up. This is followed by three case studies that illustrate how the different topics considered in this book relate to one another, and which also provide an overview of the type—and importance—of the issues with which public law is concerned.

Chapter

Since 1973, the English legal system has been radically affected by what is now called ‘EU law’. EU law takes precedence over all national laws, including legislation. This chapter explains the basic structure and relevance of EU institutions, legislation, and case law, and how these affect the methods of legal analysis we employ. The discussions cover the sources of EU law; the institutions of the EU and their increasingly important role in our law-making; the main analytical techniques employed by European lawyers; and the legal method employed in the Court of Justice of the European Union and the effect of EU law on the drafting and interpretation of UK Legislation.

Book

Borkowski’s Law of Succession gives full attention to this area’s rich and evolving case law, illustrating the relevance of the law to modern life; the central issues and academic debates surrounding inheritance are discussed fully. This revised edition covers new case law including Ilott v The Blue Cross and subsequent decisions, Payne v Payne, Legg v Burton, and Hand v George, and new legislation including the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019. The text also looks at relevant Law Commission projects (in particular the recent consultation paper on Making A Will). Finally, there is discussion of the latest succession law scholarship.

Book

William Wade and Christopher Forsyth

Wade & Forsyth's Administrative Law provides a perceptive account, and an unparalleled level of coverage, of the principles of judicial review and a sketch of the administrative arrangements of the UK. First published in 1961, Administrative Law a classic text. In the eleventh edition, the text brings its account of administrative law up to date in light of recent case law and legislation. The volume covers the following areas of administrative law: authorities and their functions; the influence of Europe; powers and jurisdiction; discretionary power; natural justice; remedies and liability; and administrative legislation and adjudication.

Book

Richard Card and Jill Molloy

With a reputation for being a thorough introductory text on the substantive criminal law in England and Wales, this book remains popular with lecturers and students. Carefully developed coverage ensures that the book helps with the advancing of understanding of the key principles governing criminal law. Designed for use on undergraduate courses and diplomas in law, discussion of statutory provisions and case law as well as hypothetical examples and key point summaries guide the reader through the technicalities of this aspect of law. This twenty-second edition has been updated to take account of all the recent changes within the criminal law field, including the recent Supreme Court decision of Jogee, and now contains questions at the end of each chapter.

Book

Borkowski's Law of Succession gives full attention to this area's rich and evolving case-law, illustrating the relevance of the law to modern life; the central issues and academic debates surrounding inheritance are discussed fully. This revised edition of the text includes a new introductory chapter covering the demographic and policy context of succession law. It also covers new case-law including Gill v Woodall, Olins v Walters, and Barrett v Bem, new legislation including the Marriage (Same Sex Couples) Act 2013 and the Gender Recognition Act 2004. The text also looks at relevant Law Commission projects (including the eventual Inheritance and Trustees' Powers Act). Finally, there is discussion of the latest succession law scholarship.

Book

Carol Brennan and Vera Bermingham

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. This book covers all the core areas of tort law, combining an engaging approach with plenty of learning features. It provides a detailed introduction to the key principles of tort law, and illustrates the points of law through discussions of important court cases. Key cases are discussed to illustrate the main principles of tort law; they help to bring the subject to life, allowing students to see how the law operates in practice. This new edition of the text includes increased focus on the influence of human rights on tort law. It is fully updated with recent case law highlighting how quickly tort law is developing particularly.

Book

Vera Bermingham and Carol Brennan

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. This book covers all the core areas of tort law, combining an engaging approach with plenty of learning features. It provides a detailed introduction to the key principles of tort law, and illustrates the points of law through discussions of important court cases. Key cases are discussed to illustrate the main principles of tort law; they help to bring the subject to life, allowing students to see how the law operates in practice. This new edition of the text includes increased focus on the influence of human rights on tort law. It is fully updated with recent case law highlighting how quickly tort law is developing particularly.

Chapter

This chapter describes techniques for reading and understanding law, discussing the practicalities of reading; sources of law; statutes; statutory instruments; case law; and EU law.

Chapter

The aim of this chapter is to emphasise that legal analysis is not just a question of comparing facts or using a set of balancing scales to see if the facts weigh about the same. The situation is often much more complicated than that. This chapter discusses the following: the development of case law and why cases may be distinguished as well as applied on the material facts; defining ratio decidendi; perception and ratio; ratio and interpretation; obiter dictum; how precedents develop; answering legal questions on precedent; material facts; what can happen to a case; the postal rule cases; and the ‘uncertainty principle’ of cases.

Chapter

14. Character evidence I  

Character evidence generally; in civil cases; evidence of good character

This chapter is divided into three sections. The first section discusses the uses and development of character evidence from the common law through to the codification provided by the Criminal Justice Act 2003. The second section deals with evidence of character in civil cases, covering defamation cases; evidence of good character; and evidence of bad character. The third section focuses on evidence of good character in criminal cases, including the important case of Hunter [2015] 1 WLR 5367, and covers admissibility and methods of proof; kinds of evidence permitted; rebuttal of evidence of good character; and evidential value of evidence of good character.