LEGAL METHOD

SCOPE OF LEGAL METHOD

Sources of Application
Analysis
law of the law
Critical Finding the Understandin
thinking law g the law

Critical Reading the Application of

reasoning law the law
Mode of assessment/teaching
Go and search and we will discuss in the tutorials
1. SKILLS REQUIRED FOR COMPETENT
LEGAL STUDY

 INTRO- what is the meaning of learning

 Learning Def: As per The Shorter Oxford English Dictionary

 ‘Obtaining of knowledge about a skill or an art, through

study, experience or teaching’
 A standard all round def is :
“…….mental application for the acquisition of some kind of
learning.”
2. REMEMBER

 STUDYING IS NOT A PASSIVE THING,

ON THE CONTRARY, IT IS DYNAMIC AND
INTERACTIVE PROCESS.

“Many students see studying as passive, as a process

of soaking up and memorising what is, hopefully,
just handed out by teacher.”
3. Learning should encompass the
following elements:

It is therefore not seen as:

-an engaged active process of searching
for other ideas
-weighing up possibilities and
alternatives -criticising
-evaluating
 Everyday, information is received, processed, evaluated, ignored or acted
upon by the human brain.
 Information is received through the senses,
 Receive, Evaluate and Act
 Learning a subject is also like this
 Highly successful and competent people, what do
you think all of them have in common to have
reached such a level and to keep remaining at
such levels?
 High IQ? Super Mind? Criminal Mind?
4. BECOME A CRITICAL THINKER

 NO! they Learn and practice

 They have developed a critical approach to what they do, see and think
 CRITICAL THINKERS
 Not fault finding but critical in the sense of
 “……EXERCISING CAREFUL JUDGEMENTS BASED UPON CAREFUL OBSERVATION, INVESTIGATION AND
CONSIDERATION OF ISSUES RELEVANT TO THE MATTER ABOUT WHICH A JUDGEMENT IS MADE.”
 Searching for hidden assumptions behind
what others just call common sense or everyday
accepted ways of acting or thinking.
 Do they fit in with current notions of social
reality?
 carefully dissected
 Accuracy as well as validity will be questioned..
 Always never take anything for granted
 Upon locating underlying assumptions,
consider alternative ways of acting and
alternative assumptions to back these new ways

of acting.
 Always be open and flexible
 Always ask- what is it that lies behind the
ideas, beliefs, actions that people hold or take?
 They never believe in universal truths unless they have
thoroughly investigated them.
 Why ?, what ? , how ?, when ? should always be at the
forefront of one’s mind
 At a law case, when two sides fight, all will argue that
their contention is right, the court will decide that 1 side
is the winner but there is still an alternative view from
the party that lost.
 So, there are always stories and each person will say they
are right, therefore keep an open mind and employ
critical thinking, you will go far!
4.1 Thinking critically for success

 Consider all possibilities

 Carefully making judgements
 Looking for underlying assumptions
 Not an overnight process, it will take time
and effort but the rewards are enormous.
 Constant identification and challenging what
has already been accepted.
4.2 Critical thinking involves:

 Evaluation of values
 Beliefs
 Competing truth evaluations
 Texts
 Form a rational/objective point and
from a emotional/subjective point
 It’s a process of waking up ie seeing
things differently
 It’s when the scholar says, Aha…. I see!
 Critical thinkers are usually aware that
often arguments contain contradictions
and these contradictions have to be looked
for.
4.3 Critical Thinking

 Can distinguish between differing types of statement

 Whether statement of fact or opinion
 Based on this they have different approaches of reasoning
 Ensures that the student:
1. Search for hidden assumptions
2. Justify assumptions
3. Judge the rationality of those assumptions
4. Test the accuracy of those assumptions
5. Range of Skills required for
LEGAL STUDIES
 General study skills
 Language skills
 Methodology skills
 Substantive legal knowledge skills
6. General Study Skills

 For you to have gotten this far, to be a law

scholar, one can assume that you all have
general study skills.

 For those of you who still do not know

general study skills, do go and read books
covering this area. Foundation law has covered on critical
Thinking
 What we are now concerned at the law degree level is the
competent study skills
7. Competent study skills

a) How study time is managed- a weekly time table

b) Knowledge of course organisation
c) Knowledge of the lecture and tutorials roles
d) The development of the powers of concentration
e) Organising a place to study
f) Setting up filing systems:handouts, notes, separating problem qns,
essay qns,past exams
g) Competent user of law library
h) Developing computing skills
i) Developing writing & reading skills
j) Developing the ability to answer questions
8. Language Usage Skills -
must be competent in these areas
 English grammar
 Punctuation
 Spelling
 Vocabulary
 Reading
 Writing (notes, summaries and extended academic writings)
 Interpretation of arguments by the analysis of
language in which they are presented
9. Legal Method Skills include

 Handling, application and interpretation of:

- Law reports;
- Legislation & Delegated legislation
- Journals
 Argument Construction & Deconstruction
 Answering legal questions-essay & problem
 Legal reading & writing skills
 Substantive legal knowledge skills- for
areas of law ,eg in criminal, tort contract etc.