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.
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Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard
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Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard
This chapter describes how to read and understand primary sources of law in academia and in practice. It provides examples of legislation (statute and statutory instrument) and case law (including both new and older styles of reporting). Techniques are suggested to read and understand these primary sources of law effectively and efficiently. Annotations are provided to explain the features on which to focus and how to understand what information the sources is supplying, and where. Encouraging familiarity with the layout of a source in turn develops understanding of how to best navigate, read and understand the source. Practical strategies for reading are also included.
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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.
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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.
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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.
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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.
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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.
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Dr Karen Dyer and Dr Anil Balan
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.
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Roderick Munday
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.
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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?
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Brian Sloan
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.
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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.
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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.
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William Wade, Christopher Forsyth, and Julian Ghosh
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 twelfth 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.
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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.
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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.
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Since 1973, the English legal system has been radically affected by what is now called ‘EU law’. Following the Brexit referendum the UK has now left the EU but there remains a legacy of nearly fifty years of EU-related legislation and case law to contend with. The solution has been to keep a large amount of that EU-derived law, termed ‘Retained Law’, as if it had been created by our Parliament and courts in the first place. The mechanism for dealing with how that has been achieved, and the implication for the future, is discussed here.
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This book focuses on employment law, which has been the subject of as rapid a transformation as can have happened to any legal subject in recent times, and is certainly one of the most difficult areas of law in which to keep up to date. In some ways employment law is a curious mixture of ancient and modern, for much old law lies behind or at the basis of new statutory law and in some cases the old law continues to exist alongside the new. The subject is, however, unrecognizable from what it was only 40 years ago, with the enormous increase in statute law and the ever-increasing volume of case law on the modern statutes. Thus, the intending student must be able to exercise the lawyer’s skill in dealing with both extensive case law and major statutes, sometimes of astounding complexity. As well as setting out the history of this area of law, this chapter covers important background features of procedure and the enforcement of the law through tribunals, including significant developments such as ACAS early conciliation, the fiasco over tribunal fees, and possible future reforms to the system of adjudication.
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Ian Smith, Owen Warnock, and Gemma Mitchell
This book focuses on employment law, which has been the subject of as rapid a transformation as can have happened to any legal subject in recent times, and is certainly one of the most difficult areas of law in which to keep up to date. In some ways employment law is a curious mixture of ancient and modern, for much old law lies behind or at the basis of new statutory law and in some cases the old law continues to exist alongside the new. The subject is, however, unrecognizable from what it was only 40 years ago, with the enormous increase in statute law and the ever-increasing volume of case law on the modern statutes. Thus, the intending student must be able to exercise the lawyer’s skill in dealing with both extensive case law and major statutes, sometimes of astounding complexity. As well as setting out the history of this area of law, this chapter covers important background features of procedure and the enforcement of the law through tribunals, including significant developments such as ACAS early conciliation, the fiasco over tribunal fees, and possible future reforms to the system of adjudication.
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This chapter introduces the main resources and techniques needed for legal research, the development of legal ‘information literacy’, and the appropriate methods to undertake research: the capabilities necessary for learning and working in an information-rich, digital society. It demonstrates how digital technologies are changing the nature of law and legal information from physical to a virtual space, and with it the research process. Digital media have created new challenges, for example for intellectual property law, for data security and protection, and for the criminal law in responding to a wide range of electronic crime. The discussion of specific research tools and techniques covers literary sources; case law; legislation; EU law; and using a number of online resources.
