Learning Legal Rules: A Students' Guide to Legal Method and ReasoningWhen studying law, it is easy to become focused on the substantive aspects of the subject. In order to study and practice 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. Learning Legal Rules brings together the theory, structure, and practice of legal reasoning in order for the reader to develop both their knowledge and reasoning skills. The book equips the student with the techniques of legal research, analysis and argument, and explains the operation of precedent as well as effective statutory interpretation. Learning Legal Rules has been used in common law countries around the world as a leading legal method guide for over twenty years. Online Resource Centre Learning Legal Rules is accompanied by an online resource centre which provides self-test questions and web links for students. For lecturers, there are downloadable versions of figures and tables from the book as well as an extensive and fully customizable test bank. |
Contents
1 Understanding the Law | 1 |
2 Finding the Law | 38 |
3 Reading the Law | 68 |
4 From Reading to Writing | 102 |
5 Law Fact and Language | 124 |
6 The Doctrine of Judicial Precedent | 149 |
Ratio Decidendi and Obiter Dictum | 181 |
Common terms and phrases
answer apply approach argued argument authority Chapter citation cited civil CJEU CMLR common law consider context contract Convention rights Council Court of Appeal Court of Justice created criminal decided decision direct effect domestic court Donoghue v Stevenson drafting earlier ECHR ECtHR employee English law European Union EWCA Civ example exercise Factortame Hansard High Court House of Lords Human Rights instance issue judges judgment judicial language later law reports lawyers legal method legal system legislation liable logic Lord Denning material facts matter meaning mischief rule normally noted offence Parliament particular parties Pepper v Hart practice precedent principle problem procedure purpose question ratio ratio decidendi reasoning reference regulations relevant rules specific stare decisis statement statute statutory instrument statutory interpretation style Supreme Court Theft Act 1968 tion Treaty tribunal UKHL words