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Table Of Contents

INTRODUCTION
1.1 HOW TO USE THIS TEXT
1.1.1The structure of the book
1.2 LEARNING OUTCOMES
1.3 SKILLS REQUIRED FOR COMPETENT LEGAL STUDY
1.3.1.1 General study skills
1.3.1.2Language usage skills
1.3.1.3 Legal method skills
THE POWER OF LANGUAGE
2.2 LEARNING OUTCOMES
2.3 LANGUAGE AND WORD CONSTRUCTION
2.4 CASE STUDY: THE RELATIONSHIP BETWEEN LANGUAGE, LAW AND RELIGION
2.4.1Sacred texts, English law and the problem of language
2.5 LANGUAGE AND THE LAW
2.5.1Characteristics of legal language
2.5.2The persuasive power of language: political and legal rhetoric
2.7 FURTHER READING
READING AND UNDERSTANDING LEGISLATION
3.2 LEARNING OUTCOMES
3.3 SOURCES OF ENGLISH LAW
3.3.1The common law
3.3.1.1The doctrine of precedent
3.3.2 Legislation
3.3.3Statutory interpretation: consideration of legislation by the courts
3.3.4The law of the European Community
3.3.5The law relating to human rights
3.3.6Summary
3.4 UNDERSTANDING THE FORMAT OF A STATUTE
3.4.1Introduction
3.4.2Types of legislation: primary and secondary
3.4.3The internal layout of legislation: a statute
3.4.4Case study: breaking into statutes
3.4.4.1Unfair Contract Terms Act 1977
3.4.4.2Using the language and grammar of s 3
3.4.4.3 Punctuation consideration
3.4.5Subject search of sentences
3.4.5.1 Sentence 1:s 3(1)
3.4.5.2 Sentence 2: s 3(2)
3.4.6 Section 11 task
3.6 FURTHER READING
READING AND UNDERSTANDING LAW REPORTS
4.2 LEARNING OUTCOMES
4.3 THE RELATIONSHIP BETWEEN LAW REPORTING AND THE DOCTRINE OF PRECEDENT
4.4 THE THEORETICAL DIMENSIONS OF THE DOCTRINE OF PRECEDENT
4.5 THE DOCTRINE OF PRECEDENT IN PRACTICE: HANDLING LAW REPORTS
4.5.1What happens if a judge does not like a precedent?
4.5.2.1The con text of the case
4.5.2.2Stage 1: the basic reading
4.5.2.3Stage 2: checking the basics
4.5.2.5 Stage 4: breaking into Lord Bridge’s speech
4.6 STATUTORY DIVERSION: THE MODIFIED s 55 OF THE SALE OF GOODS ACT
4.8.2Case study of Mandla v Dowell Lee
4.8.4The meaning of the word ‘can’ in s 1(1)(b)(i)
4.8.5The meaning of the word ‘justifiable’ in s 1(1)(b)(ii)
READING ENGLISH LAW— THE EUROPEAN DIMENSION
5.3 READING AND UNDERSTANDING TREATIES
5.3.1The definition of a treaty and its legal effects
5.3.2The subject matter of treaties
5.3.3The process of formalising agreement to be bound by a treaty
5.3.4The methods to minimise dissent in the negotiation process
5.3.7Official records of treaties
5.4 EUROPEAN CONVENTION ON HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
5.4.2 Institutions enforcing the Convention
5.4.3Relationship of the Convention with English law
5.5 THE EUROPEAN UNION AND THE EUROPEAN COMMUNITY
5.5.1General introduction
5.5.21951–92: the development of the European Community
5.5.3The nature of the European Community
5.5.4The treaties setting up the Community and the Union
5.5.5The institutions of the European Community
5.5.5.2 The important law making institutions
5.5.6Sources of law in the European Community
5.5.8Principles of European Community law
5.5.9Legislative competency of European Community law
5.5.10Common confusions
5.5.11The issue of the supremacy of Community law over English law
5.5.13How to handle Community law reports
5.5.14Understanding law reports from the European Court of Justice
5.6.1The purpose of the task
5.6.2The initial reading
5.6.3The second reading: the tabulated micro-analysis of the case
READING BOOKS ABOUT LAW— A READING STRATEGY
6.2 LEARNING OUTCOMES
6.2.1A reading strategy
6.3 A STRATEGY FOR COMPETENT READING
6.4.1The demonstration: the reading plan applied to the article
6.4.1.1Stage 1: preparation prior to reading
6.4.1.2Stage 2: methods of reading
6.4.1.3Stage 3: understanding what you are reading
6.4.1.4Stage 4: evaluating what you are reading
6.5 USING THE ARTICLE WITH OTHER TEXTS
LEGAL ARGUMENT CONSTRUCTION
7.2 LEARNING OUTCOMES
7.3 LEGAL EDUCATION AND THE INTRODUCTION OF SKILLS OF ARGUMENT
7.4 CRITICAL THINKING
7.5 THE DEFINITION OF ARGUMENT
7.6 THE NATURE OF PROBLEMS AND RULES
7.6.1Problem solving model
7.6.2What is a rule?
7.7 CONSTRUCTING ARGUMENTS
7.7.1Logic
7.8 TYPES OF LEGAL REASONING
7.8.1Deduction
7.8.2Induction
7.9 MAKING IT ‘REAL’—R v ANNA
7.9.1Abductive reasoning
7.10THE MODIFIED ‘WIGMORE CHART METHOD’
7.10.1The original Wigmore Chart Method
7.10.1.1The object
7.10.1.2 The necessary conditions
7.10.1.3The apparatus
7.10.2.1 Uses and limitations of the Wigmore Chart Method
7.10.2.2 Clarification of standpoint
7.10.2.3The formulation of the ultimate probanda
7.10.2.4 The formulation of the penultimate probanda
7.10.2.6 The construction of the list
7.10.2.7 The chart
7.10.2.8 Completion of the analysis
7.10.3The modified chart as used in this book
7.11.1The case of R v Mary
7.11.2The ultimate probanda
7.11.3The penultimate probanda
7.11.4 The interim probanda
7.11.5The analysis
7.11.5.1 The issue of the meaning of ‘dishonestly appropriates’
7.12TASK: THE CASE OF R V JACK
7.14FURTHER READING
WRITING ESSAYS AND ANSWERS TO PROBLEM QUESTIONS
8.2 LEARNING OUTCOMES
8.3 PREPARATION AND STRUCTURING OF ESSAYS
8.4 METHOD FOR THE PREPARATION AND CONSTRUCTION OF ESSAYS
8.5.1What is a problem question?
9.2 LEARNING OUTCOMES
9.3 WRITING AN ESSAY
9.3.1Stage 1: carefully reflect on the question
9.3.1.1What is being asked?
9.3.1.2How many issues are raised?
9.3.1.3Tree diagram of issues raised by the essay question
9.3.2Stage 2: search for relevant texts
9.3.3.1Law reports
9.3.3.2 Textbook and articles
9.3.4Stage 4: begin to form a view of possible answers to the question
9.3.5Stage 5: consider the strength of your argument
9.3.5.1 Issues
9.3.6Stage 6: begin to write the essay plan
9.3.7Stage 7: begin to write the first draft of the essay
9.3.8Stage 8: begin to write the final version of the essay
9.4.3.2Summary of the political background as set out in the cases
9.4.3.3Summary of the issue in the application for judicial review
9.4.3.4Summary of procedural history
9.5.1Table of the skim read of the cases
9.5.2Table of UK and European Community legislation
CONCLUSION
(3) UNFAIR CONTRACT TERMS ACT 1977
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legal method & reasoning

legal method & reasoning

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