SCHOOL OF LAW, DEPARTMENT OF PUBLIC LAW

PARKLANDS LAW CAMPUS

BLW 1101
LEGAL RESEARCH AND WRITING
COURSE OUTLINE AND SCHEDULE
JANUARY – APRIL 2024 SEMESTER

Course Instructor: Ms. Judith Nguru

Class schedule:
 Day: Tuesday (2.00pm – 5.00pm)
 Evening: Tuesday (5.30pm – 8.30pm)

Contacts:
 Email: jnguru@mku.ac.ke
COURSE DESCRIPTION

The ability to find information about the law and present that information in a coherent and
logical manner is a required skill for use in any legal practice. This course involves the in-depth
study of legal research, legal analysis and legal writing, stressing the acquisition and application
of those skills required in the general practice of law. These three legal skills are fundamental to
the success of a lawyer’s professional life as such this course aims to equip the learner with
knowledge, skills and attitude to master the art of legal writing, research and analysis.

1. COURSE OUTCOMES

The course is geared to enabling the learner to:

 Recognize primary and secondary sources of legal research materials;

 Explain the various types of legal research;
 Demonstrate the ability to conduct legal research;
 Use and apply legal research materials for effective legal reasoning and analysis;
 Demonstrate good legal writing skills;
 Demonstrate the application of skills acquired for professional referencing and citations
in research.

2. MODE OF LEARNING

In this course, you will be encouraged to be an active learner. Learning will be through interactive
lectures, class discussions and seminars.

3. COURSE ASSESSMENT

Grading will be in accordance with the Mount Kenya University Grading Policy. A learner will
be assessed through:

A. Continuous Assessments (30%):

 CAT I Assignment: 15 Marks
 CAT II Assignment: 15 Marks
Sub-total 30 Marks
B. Final Examination (70%): 70 Marks
Total: 100 Marks

 The date and instructions of submission of both assignments will be sent to you in due
course.
 4. COURSE REQUIREMENTS

 Registration

It is mandatory for each learner to register online for this course using the course code: BLW
1101.

 Regular class attendance and class participation

This is a highly participatory course where learners are encouraged to share their own
perspectives and experiences, and to work individually and collectively in small workgroups.
Therefore, attendance to every class session is mandatory. However, learners who have medical,
family or other emergencies over the course of the semester are strongly advised to inform the
course instructor and class representative. Remember that learners are required to have attended
75% of the class sessions and to have successfully completed both assignments to be eligible to
seat the end of semester examinations.

Learners are also encouraged to read ahead of the class for meaningful and vibrant participation.
This course outline contains the specific recommended reading for each topic and should
therefore be your guide.

 Academic integrity

Learners enrolled in this course are expected to exercise a high degree of honesty and integrity
in class attendance, participation and assignments.

COURSE STRUCTURE

WEEK TOPICS/ DESCRIPTION

PART I: LEGAL RESEARCH

WEEK 1 1. Course overview and setting of course expectations

2. Introduction to legal research
 Meaning of legal research
 Importance of legal research
 Sources of legal research materials (primary and secondary)

3
 Recommended readings:

Yusuf Kiwanda, The Exodus of Law and Legal Methods (Law Africa
Publishing Ltd Kenya 2016) chapter 12

Anwarul Yaqin, Legal Research and Writing Methods (Lexis Nexis

Butterworths Wadhwa Nagpur 2008) page 1 – 7

WEEK 2 & 3 Broad categories of legal research

 Doctrinal legal research
 Non – doctrinal legal research

Recommended readings:

Rattan Singh, Legal Research Methodology (Lexis Nexis 2013) chapter 15

& 33

WEEK 4 How to develop a research plan

Recommended readings:

Lisa Webley, Legal Writing (3rd Edition, Taylor and Francis Group
2018) chapter 5.4 – 5.7

WEEK 5 Finding the law through the legal research sources

 Using a law library
 Using online resources

Recommended readings:
Yusuf Kiwanda, The Exodus of Law and Legal Methods (Law Africa
Publishing Ltd Kenya 2016) chapter 12

Stephen Elias and Susan Levinkind, Legal Research: How to Find and
Understand the Law (12th Edition, NOLO 2004) chapter 13

WEEK 6 Continuous Assessment I

PART II: LEGAL ANALYSIS

WEEK 7 Applying the law to legal problems

4
  Analyzing a legal problem
 Methods of legal analysis – IRAC, CREAC, MIRAC
 Using IRAC approach to legal analysis

Recommended readings:
Yusuf Kiwanda, The Exodus of Law and Legal Methods (Law Africa
Publishing Ltd Kenya 2016) chapter 9

Lisa Webley, Legal Writing (3rd Edition, Taylor and Francis Group
2018) chapter 3

WEEK 8 How to brief a case

Recommended readings:
Yusuf Kiwanda, The Exodus of Law and Legal Methods (Law Africa
Publishing Ltd Kenya 2016) chapter 8

PART III: LEGAL WRITING

WEEK 9 Basic principles of legal writing

 Types of legal writing
 Qualities of good legal writing
▪ Use of plain English
▪ Use of active and passive voice
▪ Use of legal terminology
▪ Use of latin phrases
▪ Sentence and paragraph construction
Recommended readings:
Yusuf Kiwanda, The Exodus of Law and Legal Methods (Law Africa
Publishing Ltd Kenya 2016) chapter 7

Lisa Webley, Legal Writing (3rd Edition, Taylor and Francis Group
2018) pages 21 -24

Terri Le Clercq and Thomas R Phillip, Expert Legal Writing

(University of Texas Press 1995) chapter 6, 8 and 20

WEEK 10 Continuous Assessment II

WEEK 11 The legal writing process

5
  Preparation of outlines
 Drafting the document
 Revising
 Editing
 Proof reading

Recommended readings:
Moni Wekesa, Legal Research, Writing and Drafting: Kenyan Perspective
(Sportslink Limited 2018) pages 78 – 82

WEEK 12 How to draft a legal opinion

Recommended readings:
Bar Charts Inc, Legal Writing: Quick Study Reference Guide (Bar Charts
Inc 2017)

WEEK 13 & 14 Writing and citing/referencing sources using OSCOLA

 Importance of citing/referencing sources
 Introduction to OSCOLA
▪ Using footnotes
▪ Citing cases and legislation
▪ Citing books: single author, several authors and
editors
▪ Citing electronic materials
▪ Citing newspaper articles
▪ Use of international materials

Delivery mode: interactive lecture, seminar and class discussion

Rationale for delivery mode: effective method of content delivery

Recommended readings:
The Oxford Standard for the Citation of Legal Authorities (4th Edition,
University of Oxford 2010) [OSCOLA]

The Oxford Standard for the Citation of Legal Authorities – Citing

International Law Sources Section (3rd Edition, University of Oxford
2006)

Lisa Webley, Legal Writing (3rd Edition, Taylor and Francis Group
2018) chapter 6

6
 Rattan Singh, Legal Research Methodology (Lexis Nexis 2013) chapter26
& 27

WEEK 15 Exams

CORE TEXT MATERIAL:

 Anwarul Yaqin, Legal Research and Writing Methods (Lexis Nexis Butterworths Wadhwa
Nagpur 2008) [Instructor to provide copy]
 Bar Charts Inc, Legal Writing: Quick Study Reference Guide (Bar Charts Inc 2017) [Access
through Pro Quest E-books]
 Lisa Webley, Legal Writing (3rd Edition, Taylor and Francis Group 2018) [Access through
Pro Quest E-books]
 Moni Wekesa, Legal Research, Writing and Drafting: Kenyan Perspective (Sportslink Limited
2018) [Instructor to provide copy]
 Rattan Singh, Legal Research Methodology (Lexis Nexis 2013) [Instructor to provide copy]
 Stephen Elias and Susan Levinkind, Legal Research: How to Find and Understand the Law
(12th Edition, NOLO 2004) [Access through Pro Quest E-books]
 Terri Le Clercq and Thomas R Phillip, Expert Legal Writing (University of Texas Press
1995) [Access through Pro Quest E-books]
 The Oxford Standard for the Citation of Legal Authorities (4th Edition, University of Oxford
2010) [OSCOLA]
 The Oxford Standard for the Citation of Legal Authorities – Citing International Law Sources
Section (3rd Edition, University of Oxford 2006)
 Yusuf Kiwanda, The Exodus of Law and Legal Methods (Law Africa Publishing Ltd Kenya
2016) [Instructor to provide copy]

APPROVED BY:

HEAD OF DEPARTMENT: ……………………………………… DATE: …………………………………………….

DEAN, SCHOOL OF LAW:……………………………………… DATE: ……………………………………………..