Legal Skills

2021 ◽  
Author(s):  
Emily Finch ◽  
Stefan Fafinski
Keyword(s):  
Problem Solving ◽  
Oral Presentation ◽  
Full Range ◽  
Writing Skills ◽  
Legal Reasoning ◽  
Case Law ◽  
Final Part ◽  
Essay Writing ◽  
The Law ◽  
Book Covers

Legal Skills is structured in three parts, covering a full range of legal skills. The first part deals with sources of law and includes information on finding and using legislation, case law, books, journals, and official publications, making sure you understand where the law comes from, and how to use it. The second part covers academic legal skills and provides advice on study and writing skills, legal reasoning, referencing and avoiding plagiarism, essay writing, dissertations, problem solving, and revision and examinations. The final part of the book covers the practical legal skills of oral presentation, mooting, and negotiation.

Legal Skills

2017 ◽  
Author(s):  
Emily Finch ◽  
Stefan Fafinski
Keyword(s):  
Problem Solving ◽  
Oral Presentation ◽  
Full Range ◽  
Writing Skills ◽  
Legal Reasoning ◽  
Case Law ◽  
Professional Conduct ◽  
Legal Ethics ◽  
Essay Writing ◽  
Sixth Edition

Legal Skills is structured in three parts, covering a full range of legal skills. The first part deals with sources of law and includes information on finding and using legislation, case law, books, journals, and official publications, making sure you understand where the law comes from, and how to use it. The second part covers academic legal skills and provides advice on study and writing skills, legal reasoning, referencing and avoiding plagiarism, essay writing, dissertations, problem solving, and revision and examinations. The final part of the book covers the practical legal skills of oral presentation, mooting, and negotiation. This sixth edition includes a new section on legal ethics and codes of professional conduct, and completely rewritten chapters on presentation skills, and negotiation skills, including a brand new scenario, together with a large number of other enhancements throughout.

Legal Skills

2019 ◽  
Author(s):  
Emily Finch ◽  
Stefan Fafinski
Keyword(s):  
Problem Solving ◽  
Oral Presentation ◽  
Full Range ◽  
Writing Skills ◽  
Legal Reasoning ◽  
Case Law ◽  
Professional Conduct ◽  
Legal Ethics ◽  
Essay Writing ◽  
Sixth Edition

Legal Skills is structured in three parts, covering a full range of legal skills. The first part deals with sources of law and includes information on finding and using legislation, case law, books, journals, and official publications, making sure you understand where the law comes from, and how to use it. The second part covers academic legal skills and provides advice on study and writing skills, legal reasoning, referencing and avoiding plagiarism, essay writing, dissertations, problem solving, and revision and examinations. The final part of the book covers the practical legal skills of oral presentation, mooting, and negotiation. This sixth edition includes a new section on legal ethics and codes of professional conduct, and completely rewritten chapters on presentation skills, and negotiation skills, including a brand new scenario, together with a large number of other enhancements throughout.

Counterfactual Reasoning and Expropriation Compensation: An Argument for Elimination of Elimination Rules

2016 ◽  
Vol 2016 (3) ◽  
Author(s):  
Sjur K Dyrkolbotn
Keyword(s):  
Legal Reasoning ◽  
Counterfactual Thinking ◽  
Case Law ◽  
Property Value ◽  
Counterfactual Reasoning ◽  
England And Wales ◽  
Legal Professionals ◽  
Unique Mode ◽  
The Law ◽  
Law And Legislation

AbstractTo award compensation for expropriated property, it is usually necessary to determine what the value of the property would have been if there had been no expropriation. This requires counterfactual thinking, a form of “make-believe” reasoning that legal professionals and valuators often find difficult to apply. The challenge becomes particularly difficult and important when the scheme underlying expropriation influences the value of the property that is taken. In such situations, rules developed in case law and legislation often attempt to clarify when aspects of property value should be attributed to the expropriation scheme and disregarded from further consideration. This article critically addresses elimination rules of this kind, arguing that they interfere with counterfactual assessments in ways that can render these assessments more difficult, less predictable, and more open to manipulation. To illustrate the overarching point, it is argued that recent proposals for reform in England and Wales, aiming to constrain the scope of contrary-to-fact elimination in expropriation cases, might not work as intended and could potentially make the situation worse. More broadly, the article argues that counterfactual reasoning in expropriation cases cannot be circumvented by legislative and casuistic interventions. Just as the law of tort, the law of expropriation compensation illustrates why counterfactual reasoning should be recognised as an irreducible and unique mode of legal reasoning, one that should be addressed as such by legal theorists and lawmakers alike.

10. Thinking Like a Lawyer: Critical Thinking and Legal Analysis

2018 ◽  
Author(s):  
Imogen Moore ◽  
Craig Newbery-Jones
Keyword(s):  
Critical Thinking ◽  
Problem Solving ◽  
Legal Analysis ◽  
Student Needs ◽  
Essay Writing ◽  
The Law ◽  
Law Student ◽  
Law Degree ◽  
Different Parts

The successful law student needs to be able to place the law in context, analyse its effects on different parts of society, apply these rules to different problems, and reflect upon the suitability of both individual laws and the law as an institution. This ability to think critically and undertake broad and deep legal analysis is important to becoming a lawyer, but is also valuable for any other career. This chapter explores the importance of critical thinking to the law degree and beyond, and looks at how the student can bring analysis and criticism into their work. It considers techniques for problem solving and essay writing, and the importance of constructing arguments balancing ‘content’ and ‘thought’.

scholarly journals Argumentasi Hukum (Legal Reasoning) Dan Kaidah-Kaidah Hukum Masyarakat

2018 ◽  
Author(s):  
Fransiska Novita Eleanora
Keyword(s):  
Legal Reasoning ◽  
Case Law ◽  
Legal Argumentation ◽  
Legal Expert ◽  
Legal Arguments ◽  
The Law

legal argumentation is reasoning about the law or basic search of how a judges the case/case law, a lawyer to argue the law and how a legal expert to reason about the law. The method is bibliography study, result is because the purpose of writing to find out how the application of legal arguments in the community. The result is the application in society must not conflicts with the values and of the life in society.

Anson's Law of Contract

2020 ◽  
Author(s):  
Jack Beatson FBA ◽  
Andrew Burrows FBA, QC (Hon) ◽  
John Cartwright
Keyword(s):  
Case Law ◽  
Contract Law ◽  
Third Parties ◽  
Contractual Obligation ◽  
Fourth Part ◽  
The Law ◽  
Book Covers ◽  
Unfair Terms ◽  
Academic Debate

Anson’s Law of Contract offers an accurate and authoritative account of the law and its underlying principles. This 31st edition continues to provide comprehensive and detailed coverage of all topics covered on modern contract law courses, and has been revised and updated to incorporate all notable developments in case law, legislation, and academic debate. Topics covered include, in the first part, the agreement, the formation of the contract, and promissory estoppel. The second part looks at the terms of the contract, exemption clauses, and unfair terms. Next the book looks at incapacity, mistake, misrepresentation and non-disclosure, duress, and illegality. The fourth part considers performance and discharge. The next part looks at damages and specific remedies. The sixth part of the book covers third parties, assignment and agency in terms of the limits of the contractual obligation.

Romans 8: Dead to the Law, Alive in the Spirit

2013 ◽  
Vol 9 ◽  
Author(s):  
Tyler Lohse
Keyword(s):  
Case Law ◽  
Legal Interpretation ◽  
Philosophy Of Law ◽  
Interpretive Theory ◽  
The Law ◽  
Interpretive Strategies ◽  
Civil Death ◽  
Romans 8

This essay comments on the nature of the language of the law and legal interpretation by exam- ining their effects on their recipients. Two forms of philosophy of law are examined, legal positiv- ism and teleological interpretive theory, which are then applied to their specific manifestations in literature and case law, both relating to antebellum slave law. In these cases, the slave sustains civil death under the law, permissible by means of these legal interpretive strategies.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

Rola uzasadnienia sądowego w realizacji prawa do rzetelnego procesu sądowoadministracyjnego– standard strasburski

2014 ◽  
pp. 13-31
Author(s):  
Katarzyna Grzelak-Bach
Keyword(s):  
Human Rights ◽  
Legal Reasoning ◽  
Case Law ◽  
Legal Order ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Proceedings ◽  
Court Proceedings ◽  
Basic Level

Following a brief introduction of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the author begins by analyzing case law from the European Court of Human Rights regarding the legal reasoning in judicial proceedings. The main premise of this paper is to present a formula for preparing legal reasoning in administrative court proceedings. The author draws attention to the role of judges who, in the process of adjudication, should apply creative interpretation of the rules of law, when they see errors or omissions in legislative provisions, or blatant violations of the European legal order. The conclusion of those deliberations finds, that the process of tailoring the approach to meet Strasbourg’s requirements should, on a basic level, be at the discretion of judges rather than the legislators.

PENINGKATAN HASIL BELAJAR MENULIS KARANGAN NARASI DENGAN MENGGUNAKAN METODE SAINTIFIKSISWA KELAS VI SDN 07 TUJUAH KOTO TALAGOKECAMATAN GUGUAK KABUPATEN LIMA PULUH KOTA

2020 ◽  
Author(s):  
Sri Mures Walef
Keyword(s):  
Scientific Method ◽  
Quantitative Methods ◽  
Writing Skills ◽  
Teaching Writing ◽  
Narrative Writing ◽  
Research Subjects ◽  
Essay Writing ◽  
Qualitative And Quantitative Methods ◽  
Teachers And Students ◽  
Improve Student Learning

This research is motivated by problems in the learning process, namely students have difficulty in expressing their ideas into writing or essays. The formation of words or sentences used by students is inaccurate or inappropriate, as well as the use of punctuation and spelling. In learning activities writing the teacher is more likely to apply teaching writing by prioritizing the results of the process. This study aims to improve narrative writing skills using the scientific method of class VI SDN 07 VII Koto Talago, Guguak District, Lima Puluh Kota Regency. The method used in this study is qualitative and quantitative methods. Qualitative research is research that intends to understand phenomena, about what is experienced by research subjects such as behavior, perceptions, motivations, actions and others. The results of the study describe learning using the Scientific method can improve student learning outcomes which initially in pre-cycle only reached 64 who are in sufficient qualifications. In the first cycle increased to 74 who were in qualifications more than enough, after the second cycle, the students' scores increased again being an average of 90 who are in excellent qualification. The increase includes three indicators, namely (1) narrative characteristics, (2) use of punctuation, (3) capital letters. Third, improving narrative writing skills using the Scientific method of class VI SDN 07 VII Koto Talago District of Guguak, Lima Puluh Kot Regency can be achieved due to several factors including teachers and students. Based on the results above it can be concluded that the narrative text writing skills using the scientific method increased, from sufficient qualifications to more qualifications until they were in excellent qualifications. Thus it can be concluded that, through the cooperative method the type of make a match improvement in students' essay writing skills increased significantly from stage to stage.Key Words: escritura de narrativas, métodos científicos

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