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CHAPTER 1.

STUDYING LEGAL PROBLEMS - A CHALLENGING TASK.


GENERAL BUT SIGNIFICANT THINGS

TEXT APPROACH:

As a law student, how do you cope with all academic tasks? It might
be a daunting prospect, yet here, at Danubius University, we truly
want to give you a helping hand all along the four entire academic
years of this bachelor programme. But first, here are our top tips:

1. Do some essential reading before you do other things! Law studies


are a very broad subject, so build some strong foundations with a wide
reading base, especially if you are not very familiar with certain
subjects.

2. Stay up-to-date with current affairs. This is a continually evolving


subject, with new ideas and perspectives emerging all the time. Read
blogs, journals, and magazines dedicated to legal studies; watch TED
talks; listen to dedicated podcasts; and scan newspapers for law-based
stories.

3. Always keep your eyes and ears open. University is your chance to
learn beyond the classroom. Pay attention to international life –just
watching your favourite TV programme might somehow give you an
insight into how a theoretical concept might actually work in your
field of interest. Even using everyday events and interactions to
deepen your understanding of psychological ideas will help you
understand some legal issues on the international arena.

4. To better understand social interactions with deep impact at a big


scale, start with simply learning from everyone around you. Compare
and contrast different ideas and approaches, and make the most of
group learning or other opportunities, like taking part in other people’s
surveys or experiments. Joining our university projects is a great way
to learn from your peers and to balance work with play.

5. Learn how to study independently. This is your chance to learn


what you want, not what you have to. You will have much greater
academic freedom than ever before. Wherever you choose to study,
you will have to take on your own independent research, and if you
see yourself building a career in this domain, then independent
investigation is crucial.

6. Hone your note-taking / diagram-making skills. On your laptop,


tablet, smartphone — or with paper and pens — you’ll be writing a lot
of notes over the course of your degree. Referencing and formatting
might not seem like the most exciting aspects of your degree, but good
preparation and organisation will make them more bearable (and
quicker!). Get to know how best you learn, remember and process
information.

7. Get enough sleep. Sitting up late staring at textbooks and computer


screens is easy, but it’s not the healthiest habit to get into. Studying
well is less about the number of hours you put in, than how effectively
you spend those hours. Keep up a balanced diet, stay hydrated, do
regular exercise, and find someone to talk to if you’re feeling stressed.
8. Don’t be afraid to admit to your own weaknesses. Legal studies are
a demanding subject, and questions are more common than neat
answers.

9. Try to enjoy your studies. Keep looking at different topics that


interest you to stay motivated. When it does get too much, don’t be
afraid to step back and take a break.

10. Finally, remember what studying is all about. You can get lost in
surveys and experiments, theories and concepts, but try to always keep
in mind what drew you to studying international relations in the first
place. In approaching this academic field, you are taking part in a
great tradition of questioning how the international arena works and
behaves, so you should be proud of that by all means.

TEXT APPROACH / DEBATE SECTION:

20 TIPS FOR SUCCESS IN LAW SCHOOL

▪ DO THE READING. Do all of the reading assigned for your


courses. Do not fall behind; you may never catch up. Do your
reading at times of the day when you are most alert. Also, do
your reading in a location where you will not be distracted or
tempted to do something else. Otherwise, you will find that it
takes you far longer than necessary to prepare for class.
▪ BRIEF THE CASES. Take notes while reading. For each
assigned case, write down the legally significant facts, the
holding of the case, and the rationale for the court's decision.
This is what is referred to as "briefing" cases. Your case briefs
should be just that-brief.
▪ REVIEW BEFORE EACH CLASS. Review your reading notes
(case briefs) right before class. That way, the cases will be fresh
in your mind, and you will substantially increase your ability to
follow the class discussion (not to mention avoid the
embarrassment associated with being unprepared when called
upon by the professor).
▪ GO TO CLASS. Most professors cover some material in class
that is not discussed in the reading, so failure to attend class will
put you at a big disadvantage when you take the final exam.
Also, you will receive an "FW" if you miss more than 20% of
the sessions of a course. This is factored into your grade point
average as an "F" and is never removed from your academic
record, even if you retake the course.
▪ PAY ATTENTION IN CLASS. Some misguided students use
class time to shop on the Internet, play computer games or catch
up on their e-mail. You are paying a substantial amount of
money for tuition. Do you really want to spend your tuition
money "surfing the net" or playing computer solitaire instead of
paying attention to the class discussion?
▪ PARTICIPATE IN CLASS. Students learn best when they are
actively engaged in the learning process.
▪ TAKE CLASS NOTES. Do not, however, get so caught up in
trying to take down everything your professor says that you are
not actively engaged in the class discussion. Review your class
notes before starting your next reading assignment and analyze
how the new cases you read affect those cases you already have
reviewed in class.
▪ PREPARE AN OUTLINE FOR EACH OF YOUR CLASSES.
Outlines prepared by more senior students or commercial
outlines are not acceptable substitutes for making your own
outlines. The analysis necessary to prepare a course outline helps
you determine the rules of law applicable to the subject matter of
the course, as well as determine how the rules relate to one
another. If you do not go through this process, you are less likely
to master the subject matter. Also, not all professors teach a
subject the same way. In fact, many professors do not even teach
a course the same way from one year to the next. The only way
to get an outline tailored to your course is to make it yourself.
Do NOT wait until the reading period to prepare your outlines;
you'll never get them done in time. Some students like to outline
once per week, others once per month. Still others prefer to
outline whenever a topic is completed. Pick whatever schedule
works best for you and stick to it.
▪ CONSIDER FORMING A STUDY GROUP. Study groups can
be a valuable learning tool. Talking through material with
classmates can increase your understanding and retention of
course material. You also can obtain helpful study tips from your
peers. If you decide to form a study group, seek out other
students who are well-prepared for class and have similar
academic goals. Do not let your study group meetings become
social or gossip sessions. Also, do not use study groups as a way
of sharing the workload. Lastly, if you find that you are not
benefiting from your study group, resign from the group.
▪ REVIEW, REVIEW, REVIEW. Just because you don't have an
exam until the end of the semester does not mean that you
should wait until the reading period to begin your review. This is
not undergraduate school. You cannot cram right before finals
and get good grades. Therefore, make time for frequent review
over the course of the semester.
▪ ATTEND REVIEW SESSIONS CONDUCTED BY YOUR
PROFESSORS AND/OR THEIR ACADEMIC FELLOWS.
Some professors and/or Academic Fellows hold review sessions
prior to exams. This is a great way to clarify the issues about
which you are confused without having to stand in line outside
your professor's office. Moreover, helpful tips regarding how to
write your exam answers in a way that will earn you the most
points are often shared during review sessions.
▪ TAKE ADVANTAGE OF FEEDBACK FROM YOUR
PROFESSORS. If your professor distributes a practice question
and says that she will review your answer if you submit it by a
certain time, DO IT! This is a great opportunity to get your
professor's input and make any necessary adjustments before
your performance is graded.
▪ ATTEND THE WORKSHOPS CONDUCTED BY THE
ACADEMIC ACHIEVEMENT CENTER. These workshops
cover a number of topics such as outlining, time and stress
management, and how to prepare for and write law school
exams-skills essential to success in law school.
▪ TAKE PRACTICE EXAMS. Lots of them. Exams previously
administered by your professor are preferable. This will help you
determine how your professor drafts his or her exams. The
Fowler School of Law Library maintains a number of prior
exams prepared by law professors. Whenever possible, select a
prior exam for which there is a sample answer on file. This will
allow you to check your answer against the sample and evaluate
your performance. If there is no sample answer on file, ask you
professor if he/she will review and comment on your answer. Do
not, however, wait until right before finals to ask your professor
to review your answer. The earlier you ask, the more likely your
professor will have time to review your answer.
▪ CREATE A STUDY PLAN. Many students complain that they
do not have enough time to brief cases, prepare outlines and/or
take practice exams. They're wrong! By planning your time in
advance, you will have enough time to meet all of the demands
of law school and have time to enjoy some outside activities. If
you need help managing your time, see Professor Faulkner.
▪ DON'T WAIT UNTIL THE LAST MINUTE TO PREPARE
YOUR LRW PAPERS. Again, this is not undergraduate school.
You cannot throw a paper together the night before it is due and
expect to receive a good grade (or for that matter, a passing
grade). Good legal writing takes time and lots of editing so start
working on your LRW assignments as soon as possible.
▪ REVIEW YOUR EXAMS. Meet with your professors to review
your exams after grades have been posted. This is the best way
to determine what you did well and what you need to improve.
▪ MINIMIZE YOUR STRESS. Law school can be stressful, but
there are a number of steps you can take to keep stress to a
minimum. Humor is a great stress reliever. Make time for
exercise-carrying 100 pounds of law books every day doesn't
count. Eat fruit, vegetables, and whole grain foods on a regular
basis-a diet Coke and a package of Ding-Dongs are not a
balanced breakfast. Don't overdo your caffeine intake; drink lots
of water instead. Get at least seven hours of sleep per night.
Maintain a life outside of law school. You don't need to give up
all of the things you enjoyed doing before you went to law
school; you just won't be able to do them as often. Finally, if you
think that your stress level is getting out of control, talk about it
with your significant other, a family member, a close friend, a
faculty member, one of the law school Deans, or Professor
Faulkner.
▪ DON'T GET CAUGHT UP IN THE COMPETITION ASPECT
OF LAW SCHOOL. Face it. Only one student can finish at the
top of the class. So instead of setting Numero Uno as your goal,
focus on doing your very best. Also, be supportive of and
respectful to your classmates. It will make for a more positive
law school experience for you and your peers.
▪ GET HELP IF YOU NEED IT. It is not uncommon for students
to be confused about the substantive law covered in their classes,
how to prepare for class, how to study for exams, how to
manage their time or how to take law school exams. Indeed, it is
the rare student who does not have questions about these
subjects from time to time, particularly during the first year of
law school. If you have questions, there are a number of
resources available to you. Every professor holds weekly office
hours.1

VOCABULARY APPROACH – SEMANTIC PARALLELS:

MOMENTARY vs. MOMENTOUS


These words are liable to be confused. They look rather similar, but
they are completely different in meaning. Momentary means lasting
for a very short time, as in there was a momentary pause and
enjoy a momentary success. It is derived from the noun moment in
the sense of a very brief period of time. Momentous means very
important, of great significance, as in a momentous incident that
led to war. It is derived from the noun moment in the sense of
importance, significance, as in a meeting of moment. In momentary

1
Chapman University Database https://www.chapman.edu/
the emphasis is on the first syllable, while in momentous, the stress is
on the second.

E.g. means "for example" and is an abbreviation of the Latin phrase


exempli gratia. It is used before example of something just
previously mentioned, as in "the cannot eat dainy products, e.g. milk,
butter and cream".

AMONG and AMONGST


These words are interchangeable, as in "We searched among
/amongst the companies for the best offer", "Share the money bonus
among/amongst you" and "you must choose among/amongst the
various possibilities".

DEBATE SECTION:

THE PSYCHOLOGICAL MOTIVATION OF WORK:

Early management thinkers were keen on discovering the main


sources of motivating work, which finally proved to be two: one was
the job as an end in itself and the other was the end towards which
the means provided by the job were directed.

The satisfaction offered by a job was, according to them, either


intrinsic or extrinsic:
a) Intrinsic satisfaction - implies deriving the satisfaction of your
needs, and therefore your motivation, from the work itself. A
considerable amount of behavioural research has been devoted to this
particular concept. Abraham Maslow was one of the theorizers
sustaining this point of view. He imagined a pyramid of needs and
supported the idea that while an urge or need remains unsatisfied, it
acts as a motivator, but once it has been satisfied, it ceases to motivate
and the next higher need in the pyramid comes into play. The needs
described by Maslow look as follows:
Physiological needs (food, water, the essentials of life)

Safety needs (an environment free from threat)

Social needs (belonging to a group, acceptance by others)

Esteem needs, self respect

Self actualization needs

b) Extrinsic satisfaction - implies deriving the satisfaction of needs


using work as a means to an end. Work provides us with money and
money enables us to obtain satisfaction. Therefore money, not the
intrinsic satisfaction of the job, is the main motivator considered by
this school of thought, also known as instrumental. (Whose main
representative is F.W. Taylor.)

However, people are not always motivated by the same needs.


Moreover, at different stages in their careers, different needs become
paramount. Recent research is now looking at the process of
motivation itself and is stressing the importance of the individual's
own assessment of and influence over the situation.

GRAMMAR SECTION:
THE PRESENT TENSE SIMPLE

The simple present is used to describe an action, an event, or condition


that is occurring in the present, at the moment of speaking or writing.
The simple present is used when the precise beginning or ending of a
present action, event, or condition is unknown or is unimportant to the
meaning of the sentence.

Each sentence below describes an action taking place in the present -


verbs are in the simple present tense:

• Deborah waits patiently while Bridget books the tickets.


• The shelf holds three books and a vase of flowers.
• The crowd moves across the field in an attempt to see the rock
star get into her helicopter.
• The Stephens sisters are both very talented; Virginia writes and
Vanessa paints.
• Ross annoys Walter by turning pages too quickly.
The simple present is used to express general truths such as scientific
fact, as in the following sentences:

• Rectangles have four sides.


• Canada Day takes place on July 1, the anniversary of the
signing of the British North America Act.
• The moon circles the earth once every 28 days.
• Calcium is important to the formation of strong bones.
The simple present is used to indicate a habitual action, event, or
condition, as in the following sentences:

• Leonard goes to The Jumping Horse Tavern every Thursday


evening.
• My grandmother sends me new mittens each spring.
• In fairy tales, things happen in threes.
• We never finish jigsaw puzzles because the cat always eats
some of the pieces.
• Jesse polishes the menorah on Wednesdays.
The simple present is also used when writing about works of art, as in
the following sentences:

• LollyWillowes is the protagonist of the novel Townsend


published in 1926.
• One of Artemisia Gentleschi's best known paintings represents
Judith's beheading of Holofernes.
• The Lady of Shallot weaves a tapestry while watching the
passers-by in her mirror.
• Lear rages against the silence of Cordelia and only belatedly
realizes that she, not her more vocal sisters, loves him.
• The play ends with an epilogue spoken by the fool.
The simple present can also be used to refer to a future event when
used in conjunction with an adverb or adverbial phrase, as in the
following sentences:

• The doors open in 10 minutes.


• The premier arrives on Tuesday.
• Classes end next week.
• The publisher distributes the galley proofs next Wednesday.
• The lunar eclipses begins in exactly 43 minutes.

THREE WORD VERBS OR DOUBLE-PREPOSITION VERBS

'Come in for' means to receive. This is usually used with words such
as 'criticism' 'abuse' 'blame'.
He came in for a lot of criticism for his actions.
She came in for a lot of abuse when she tried to argue with them

'Go in for' can be used with words such as 'competition' to mean


'enter'.
I went in for a Scrabble tournament at my club and I won.
She was a good athlete when she was younger and went in for the
trials for the Olympic team
'Sit in on' can be used with words such as 'conference' or 'meeting' to
indicate that you attend as an observer and not as a regular participant.
I've asked John to sit in on this meeting as he knows more about these
people than we do.
I'd like you to sit in on the negotiations with the unions as part of
your training

'Stand in for' is used to mean 'substitute for'.


Harry is ill so I'm going to stand in for him and make the
presentation.
Wendy is on vacation and I'm standing in for her

If you 'go along with' existing plans, opinions or decisions you accept
them and don't try to change them.
I go along with your ideas about increasing our marketing in China.
You agreed to go along with our decision

If you 'listen out for' something, you keep alert and make an effort to
hear it.
I'm expecting him to call so listen out for the phone ringing.
Listen out for their car. They should be here soon

If you 'cash in on' a situation, you take advantage of it, often unfairly.
He cashed in on my absence with flu to contact my customers
directly.
We need to cash in on the emerging markets in Asia

If you 'drop in on' somebody, you make an informal, unarranged visit


to see them..
Drop in on me any time you are in town.

TECHNICAL APPROACH OF THE LANGUAGE

1st Approach

VOWELS, DIPHTONGS, TRIPHTONGS

I. VOWELS

A B

SYMBOL KEY WORDS + COMON SPELLINGS

[i:] - he, please, sheep, field, key, scene, ameeba;

(a long vowel) [pli:z]

[i] - it, is, savage, guilt, system, women;

(a short vowel) [iz]

[e] - desk, many, any, said, bread, bury, friend;

(a short vowel) [meni]

[æ] - fat, man, bad, plaid, paugh, calf;


[mæn]

a short vowel, which is an intermediary sound between [1]


and [e]

[a:] - are, aren't, father, calm, brother;

[a:nt]

(a long vowel)

[o:] - tall, all, caught, ball, board, draw, four, floor;

[o:l]

(a long vowel)

[o] - hot, office, pot, waich, laurel;

['ofis]

(a short vowel)

[u:] - goose, boot, who, more, shoe, group, flew, blue,


rude;

[bu:t]

(a long vowel)

[u] - god, book, put, wood, wolf, could;

[buk]

(a short vowel)
[Λ]/ [a] - glove, but, cut, some, blood, does;

[bΛt]

(a short vowel)

[ɘ:] - girl, bird, burn, fern, warm, earn,


journal:

[bɘ:d]

(a long vowel)

[ɘ] - a, an, and, cupboard, the, coour, actor

[ɘnd]

(a short vowel)

II. DIPHTONGS (i.e. two vowols pronunced together)

SYMBOL SPELLINGS

[ei] - table, lady, make, pray, prey, steak, vein, gauge;

[leidi]

[ɘu]/[ou] - open, only, note, soap, soul, grow, sew,


toe;

[ounli]
[ai] - I, my, bite, pie, buy, try, guide, sigh;

[mai]

[au] - house, brown, nouw, spout, plought;

[braun]

[oi] - boy, toy, poison, lawyer;

[toi]

[iɘ] - here, near, beer, weir, appear, fierce;

[niɘ]

[ea] - Mary, pair, there, hair, bear, bare, their, prayer;

[pea]

[uɘ] - poor, tourist, tour, sure

[tuɘrist]

III. TRIPHTONGS (i.e. three vowels pronunced together)

SYMBOL SPELLINGS

[eia] - player ['pleia]

[ɘua] - lower [lɘua]

[aiɘ] - fire ['faiɘ]

[auɘ] - flower ['flauɘ]


[oiɘ] - employer [im'ploiɘ]

2nd Approach

I. SEMIVOWELS

SYMBOL SPELLINGS

[w] - we, what [wot], one, when, queen;

[j] - you, yes [jes], onion, use, new, Europe.

II. CONSONANTS

A. B.

SYMBOL KEY WORDS + COMMON SPELLINGS

1) [p] pencil ['pens'], pen, happy;

2) [b] blackboard ['blækb):d], bright, back,


rubber;

3) [t] too [tu:], two, tea, butter, walket, doubt;

4) [d] door [d):], day, ladder, called, could;


5) [k] classroom ['klassroom], key, cool, coccer,
lock, school;

6) [g] green [gri:n], get, bigger, ghost, grey,


gap, garden;

7) [f] four [f):], figure, fast, fashion, fat, coffee,


cough, half;

8) [v] very ['veri], navy, view, navvy (i.e.


excavating machine);

9) [m] map [mæp], hammer, calm, bomb;

10) [n] new [nju:], funny, know, gnaw;

11) [ŋ] morning ['m):niŋ], sung, sink;

12) [l] lesson ['lesn], balloon, battle;

13) [ø] three [øri:], thing, think, thin;

14) [ð] this [jis], that, these, those, with, then,


than;

15) [s] student ['stju-d(a)nt], city, psychology, mess,


scene;

16) [z] zero ['ziarou], was, dazzle, example;

17) [∫] she [∫i:], fichins, sure, station, tension,


vicious, chevron;
18) [3] measure ['me3a], leasure, vision, rouge;

19) [t∫] chair [t∫ea], match, nature, question, cello;

20) [d3] john [d3)n], age, edge, soldier, gradual;

21) [r] red [red], marry, wriggle;

22) [h] hew [hau], hot, whole, who;

23) [x] loch [lox].

III. THE ENGLISH ALPHABET

a [ei]

b [bi:]

c [si:]

d [di:]

e [i:]

f [ef]

g [d3i:]

h [eit∫]

i [ai]

j [d3ei]

k [kei]
l [el]

m [em]

n [en]

o [ou]

p [pi]

q [kju:]

r [a:]

s [es]

t [ti:]

u [ju:]

v [vi:]

w ['d۸blju:]

x [eks]

y [wai]

z [zed]

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