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The book also contains specific law-related revision techniques and general writing tips. Designed for law students of all levels, including those on A-level, university, conversion, and vocational courses, the text helps students understand their substantive courses while at the same time teaching vital writing and analytical skills.
Online Resources The book is accompanied by online resources, including: a case breakdown to help students with reading cases, frequently asked questions, and some tips on citation styles and conventions. Professor S I Strong has over twenty years' experience in the legal field, teaching law at the Universities of Oxford and Cambridge, and practising as a solicitor in London and an attorney in New York and Chicago.
Professor Strong is the Manley O. This textbook is sure to help any budding law student worrying about forthcoming exams or looming essay deadlines. Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide.
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To purchase, visit your preferred ebook provider. Law Trove Available in oxfordlawtrove. Election New to this Edition: The analytical framework for answering questions is now described in terms of the popular IRAC Issue; Rule; Application; Conclusion method New content on legal citation is included to highlight the importance of referencing and crediting sources. Also of Interest.
It provides a framework for analysing legal problems that should continue to be useful in the workplace. Read more Read less. Journey into Reading. Explore reading recommendations for children ages 6 - See this week's recommendations. Kindle Cloud Reader Read instantly in your browser. Customers also viewed these products. Page 1 of 1 Start over Page 1 of 1.
Previous page. Joel P. Robert H. Bryan A. Andrew McClurg. Richard Michael Fischl. Ward Farnsworth. Next page. Review Review from previous edition: "There really is no other book that addresses so completely the issues tackled in this one. Many 'Question and Answer' books will give subject-based guidance on how to tackle certain topics, but this book provides a tactical approach which can be adapted to fit virtually any type of legal problem or essay. An essential book for the library and, arguably, for all first year student's reading lists.
Strong has over ten years' experience teaching law at the Universities of Oxford and Cambridge, and practising as a solicitor in London and as an attorney in New York and Chicago. Dr Strong has additional experience as an editor and as a teacher of writing, and holds numerous awards for her writing and legal analysis, including the Yorke Prize for outstanding doctoral dissertation from the University of Cambridge.
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It has been mentioned that this book repeats itself which I would agree with but I think it has been necessary. Book of the Month. Paul L. Davies , Sarah Worthington , Christopher Hare. More Information. Family Court Practice Read more Welcome to Wildys Watch. Site designed by www.
Advice Jane accordingly or Write a concise legal opinion to Jane. See also Ultimate guide for writing a legal opinion. Here you should state the material facts of the scenario given. If the scenario is too long and for the purpose of the time you may skip this part and move on to the next step. From the above example the following facts may be extracted. When extracting your material facts from the question avoid unnecessary repetition and you should consider only facts that have legal implications.
After sorting your facts move on to frame your issues. Issues refer to the things which require a legal response in your scenario. Avoid having a lot of issues. Focus on the major issues only. From the above example, the following issues may be raised. Here you should list all statutes or case laws that are applicable to the issue raised. For example from our issues, we can see that the issues are based on marriage and land respectively.
Therefore you have to list all marriage and land laws that are applicable to your scenario. When necessary show the relevant provisions. When addressing the issue your arguments must be backed up by the legal authority. You should go straight to the point. And provide a reasoned conclusion at the end. Consider the example below.
Whether Jane can end the relationship? E ]. Under section 1 its provides that where it is proved that a man and woman have lived together for two years or more, in such circumstances as to have acquired the reputation of being husband and wife, there shall be a rebuttable presumption that they were duly married. According to the case of John Kirakwe V Iddi Siko TLR HC the only three important elements to constitute a presumption of marriage are: a that the parties have cohabited for over two years; b that the parties have acquired a reputation of being husband and wife; c that there was no formal marriage ceremony between the said couple.
In the given scenario, element a and c are clear in the sense that you have been living with Ally for 8 years and they have not gone through any formal marriage ceremony. Element b is uncertain. Its certainty is depending on how the neighbors perceived your relationship. Thus if neighbors perceived your cohabitation as husband and wife, then the marriage will be presumed.
But if not, the presumption will be rebutted. She can do this by formal application petition to the court seeking for dissolution of marriage or separation stating the evidence regarding the conduct and circumstances of their relationship. Evidently, in light of the above discussion, Jane may end the relationship. Repeat that process to every issue you have raised.
This is the last part of your question. This part contains the general response to the whole scenario. For example, if you have been asked to give legal advice then this part should contains specific legal advice. Also, you may put any further remarks. Hope you have found this guide useful. In case you have anything to ask or say, please feel free to use the comment box. See also. Editor-in-chief and founder of sherianajamii.
Holder of Bachelor of Laws LL. General competence in substantive and procedural laws. Much interested in commercial laws and litigation. Lawyer by profession and blogger by passion. The book focuses on those questions that give students the most trouble, namely problem questions, but its techniques are equally applicable to other types of essays. In addition to providing a framework for analyzing and writing law essays, the book teaches students how to identify relevant legal authorities, distinguish and harmonize conflicting legal precedents and evaluate the applicability of the law to the facts of the question at hand.
The book also contains specific law-related revision techniques and general writing tips. Designed for law students of all levels, including those on A-level, university, conversion, and vocational courses, the text helps students understand their substantive courses while at the same time teaching vital writing and analytical skills. Building the necessary foundation reading understanding and summarising legal materials. Step one in the CLEO method the claim. Step two in the CLEO method the law.
Step three in the CLEO method the evaluation.
The issue spotting and organization are relevant because the sequencing is responsive to what the Call is asking. By using that issue spotting method, Mr. Garza hit all the issues and organized them as required. If Mr. Garza did not follow the Calls of the Question as he did, he would have lost points for failing to write in the required order. The perfect score is well supported by all aspects of the answer.
Although there were spelling and grammatical errors in the exam, the grade was not reduced because of it. There are some misspelled words and punctuation issues, but they did not take away from the overall achievement of such perfect content in the answer. Now, take a look at the exam and the answer so you can see what can be done with hard work and dedication to the law school process.
Ned learned from news reports that several homes in his neighborhood had recently been broken into at night. The break-ins were being perpetrated by Dara and Don. Dara would wait in the getaway car while Don broke in and stole electronics. Neither was armed during the break-ins. Ned became obsessed with preventing his home from being broken into.
He installed exterior cameras with night vision that would set off alarms inside his home if anyone approached. He also placed loaded guns that he lawfully possessed in every room. In fact, Ned began looking forward to the prospect of shooting an intruder.
Dara parked outside and Don crept toward the house. On the video feeds, Ned saw that Don was right outside his dining room window. Ned entered the dining room, picked up a shotgun, and shot Don through the window, killing him. Dara Conspiracy Conspiracy is an agreement between two or more people to commit an illegal act. Here, Dara and Don are perpetrating break ins and stealing electronics. There was an implied agreement between the two because Dara would wait in the getaway car and Don would break in and steal the electronics.
There was therefore and agreement. The state will argue that both Darla and Don had the specific intent to commit burglary therefore when they entered into the agreement, therefore, Dara will be charged with conpspiracy to commit a burlgary of Ned's residence. Pinkerton's Rule: Members of a conspiracy will be held criminally liable for all foreseeable crimes committed in furtherance of the conspriracy.
Dara would be charged with any crimes Don committed or attempted to commit at Ned's home Accessory Don was the principal in the first degree, the one actually committing the crime. Dara, would be the Prinicpal in the second degree, as the getaway driver. Here, the facts indicate that Dara would wait for Don to complete the burglary and larceny of the electronics then she would be the getaway driver.
Dara would be liable for all crimes Ned committed under an accomplice theory of liability. Attempted Burglary Attempt is substantial step toward the perpetration of an intended crime. Here, Darla and Don were going to break into Ned's house. She had the specific intent that Dan was going to commit the burglary and she was going to be the getaway driver. Intent: A desire or knowledge to a substantial degree of certainty that a particular act will have a particular result.
Darla also committed a substantial step of driving to Ned's house. This was not mere preparation, Darla drove to Ned's house and was waiting for Don to go it, so it was a substantial step in the perpetration of the crime.
Dara did not attempt to withdraw from the crime, and therefore, Darla will be charged with attempt. Therefore, Dara will be charged and convicted with attempted burglary. Homicide Homicide is the unlawful killing of a human being by another human being. Proximate Cause: It is foreseeable that taking Don to Ned's house to commit a burglary, an inherently dangerous felony, Don could be killed. Murder Murder is the unlawful killing of another being with malice aforethought. Malice The malice element can be fulfilled in one of four ways Intentional killing with Pre-Mediation and Deliberation Intent to inflict great bodily injury, this is where one only intents to inflict great bodily injury on the victim, but the victim dies.
Felony Murder: Where a death occurs during the commission of an inherently dangerous felony. Depraved Hear Murder: Where one acts with wanton indifference to human life. The facts do not support that Dara intended for Don to be killed, so she won't be charged under an intent to kill theory.
Felony Murder : When someone dies during he commission or attempted commission of an inherently dangerous felony, co-felons could be charged with Felony Murder. The courts are split as to when co-felon is killed. Most courts hold that a co-felon will not be responsible for the death of a co-felon because they are not in the class of people the law was intended to protect.
Here, Dara is co-felon, was principal in the 2nd degree to the attempted burglary of Ned's house. The burglary had not taken place yet and Don was killed by Ned. It is not likely Dara will be responsible for the death of Don under the felony murder rule. Darla will not be liable for the death of Don State v. Ned Homicide Homicide is the unlawful killing of a human being by another human being. Proximate Cause: It is foreseeable that by Ned shooting Don with a shotgun, he would die.
Here, the facts indicate that Ned had become obsessed with recent break ins. He installed a security system with night vision outside that would alert him inside of the home if anyone approached. He then placed loaded guns in every room of his house.
Ned also began looking forward to the prospect of shooting an intruder. Given the totality of the circumstanced the State could argue that Ned intended to Kill whoever came to his house. Ned's alarm went off and and through the video feed he saw Don was right outside his dining room window.
Ned also watched the news cast which showed no one had been injured as a result of the break ins. Ned then intentionally and volitionally fired a shotgun towards Don, killing him. The state will argue Ned intended to kill Don. The State will argue that installing a camera system and places loaded firearms in all rooms showed his premeditation and deliberation. Don will be be charged with first degree murder under an intent to kill theory.
A key element of successful law essays is the structure. A good structure will enable you to communicate your ideas fluently and efficiently. This is an important and highly valued skill not only in law school, but in practice as well. We offer more advice on structuring your essay in our Approaching Your Assignment worksheet.
Remember too you need to go beyond your set texts and do more research to ensure you take both sides into account. Review our Research Skills Guide for more guidance. In general, your essay requires an introduction, body paragraphs and a conclusion. Generally, you should have one idea per paragraph. This may mean shorter paragraphs than what you would ordinarily write in high school or other faculties. Concision is key in law.
Therefore, we recommend a short paragraph which efficiently addresses an issue over a long and winding exploration of many different issues. Remember to use subheadings to provide a structure to your writing. It is a good idea to come up with your subheadings before you start writing so that you have a structure to follow. The subheadings should act as a series of subtopics which reflect the arguments needed to substantiate your thesis statement.
Below we have an overview of the working components of good law essays. Examiners expect you to use all of these in your writing. NB: This is an illustrative example only. A thesis statement is a sentence which summarises your argument. It is usually found in your introduction and restated in your conclusion.
Your introduction usually opens with a generalising statement concerning the area of law followed by the current consensus concerning the issue at hand. Your thesis statement follows the consensus. After your thesis statement, you need to use signposting see below to articulate how you will make your argument. These implied protections certainly do not provide an effective source of human rights protection.
In the course of this constitutional analysis, it is suggested that an alternative source of rights is needed - a federal bill of rights. In the context of each of the above constitutional protections reform suggestions are made [ Descriptive and analytical writing both have their place in law essays. It is impossible to discuss the law without first describing what the law is.
However, description should take up a very small portion of your essay. You get few marks for knowing what the law is compared to demonstrating critical analysis of the law. Opponents of a bill of rights state that we have sufficient protection from arbitrary government interventions in our personal affairs and thus a bill of rights is unnecessary. NB: Cassidy describes the opposition to a bill of rights then critiques why such a position is unsatisfactory.
Her critique is an example of analytical writing, but analytical writing is not always synonymous with criticism. It is applying your knowledge to form your own interpretation, not restating facts. Examiners frequently complain that students do not use signposting in their essays. Essays without signposting are often muddled and difficult to read. They may contain good ideas, but they are tangled or buried in long paragraphs. The first type uses phrases or words to flag the main argument and its sub arguments.
This is usually done in the introduction and restated in the conclusion. The second type of signposting is words or phrases which set up contrasts or similarities. For example, additionally, consequently, however, also, in contrast. These help the reader make connections between your ideas. The final type of signposting is those words which indicate direction. For example, firstly, secondly, thirdly, next, finally, and so on. However, you need to use your evidence and contrastive words to set up your argument.
Leading with asserting the importance of something without explaining why will earn you very few marks. Whilst this article is primarily concerned with constitutional law protection, this analysis is part of a broader debate and the article begins with a brief discussion of each of these sources.
The constitutions of the Australian states generally contain no human rights guarantees. Moreover, the guarantees provided by the Commonwealth Constitution are not only limited, but have generally been read down by the judiciary, leaving them ineffective. Topic sentences are a critical tool in research essays. Each paragraph should begin with a sentence that operates as a mini thesis statement exclusively for that paragraph. It should tell the examiner exactly what the paragraph is about.
Ideally, it should be short no more than lines, like all sentences and contain only one idea. The rest of the paragraph then should only relate to this one idea. The final sentence of a paragraph is the linking sentence. This linking sentence connects the current paragraph to the next using signposting to alert the reader to what will be discussed next. Common law protections are quite limited and generally are not in the form of express statements of rights.
They rather involve protective presumptions used in statutory interpretation or assumptions of liberties in areas where such liberties are not prohibited by law. Obviously, these presumptions utilised in statutory interpretation are rebuttable and may be overridden by clear legislation.
Furthermore, in limited cases the common law recognises substantive rights, for example, the right to a fair trial. In order to do well, you must also present your essay so that it reflects academic standards. This includes correct citation practices, subheadings, Plain English, and grammar and spelling. Examiners highly value closely edited and proofed work.
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