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Description
This unique book offers a practical guide to deconstructing judgments for the purpose of fair criticism and appeal. It shows how judgments are written and examines the style and language of judges expressing judicial opinion. It will assist experienced practitioners, newly appointed recorders and tribunal chairman.
The work is founded upon independent research in the form of interviews conducted with judges at every level from deputy district judge to Lords of Appeal in ordinary, and the practical application of existing academic material more usually devoted to the structure and analysis of wider prose writing. It is illustrated by reference to reported judgments, both well known and obscure, of the past 100 years.
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Contents
Part 1. How Judges Decide Cases
1.1 - Judicial Transparency
1.2 - The Mechanics of Fact Finding
1.3 - Questions of Weight in Fact Finding
1.4 - Evidence on Oath
1.5 - The Dilemma of Impression
1.6 - Decision Making in Interim Applications
1.7 - The Judicial Discretion
1.8 - Decision Making in Tribunals
Part 2. The Appellate Judgment
2.1 - Decision Making in the Court of Appeal
2.2 - Dissent
2.3 - The Appeals and Appellate Committees of the House of Lords
2.4 - Delivery of House of Lords' Judgments
2.5 - Decision Making by the Appellate Committee
2.6 - The Appellate Committee and Judge-made Law
2.7 - The Judicial Committee of the Privy Council
Part 3. Reading Judgments
3.1 - Some Basic Principles - Focus and Time
3.2 - The Mechanics of Analytical Reading
3.3 - Form and Structure
3.4 - Preparing an Analysis
3.5 - Syntopical Reading
Part 4. The Use of Language in Judgments
4.1 - Linguistic Analysis
4.2 - The Use of Words
4.3 - The Structure of Sentences
4.4 - The Language of Lawyers
4.5 - Contemporary Vocabulary and Social Change
4.6 - Dealing with Technical and Specialist Vocabulary
4.7 - The Residual Use of Legal Latin and French
4.8 - Literary Style in Judgments
4.9 - Judicial Literary Techniques
4.10 - The Impact of Distinctive Judicial Literary Style
Part 5. Analysing Judgments: Reasoning, Argument and Legal Logic
5.1 - Locating the Arguments
5.2 - Units of Reasoning
5.3 - Finding the Solution
5.4 - The Domestic Approach
5.5 - Judicial Reasoning and the Role of Persuasion
5.6 - Distinguishing Grammatical and Logical interpretation
5.7 - Positive Judicial Argument
5.8 - Aids to Reasoning
5.9 - The Judge and the Expert
5.10 - The Use of Precedent
5.11 - Precedent and Reasoning
5.12 - At the Coal Face: Trial Judges
5.13 - Distinguishing Your Judgment
5.14 - Ratio and Obiter
Part 6. Analysing Judgments: Techniques for Criticism
6.1 - Criticising a Judgment Fairly
6.2 - Analysing Your Disagreement Objectively
6.3 - Distinguishing Between Knowledge and Opinion
6.4 - The Focus of Criticism
6.5 - The Mechanics of Fair Criticism
6.6 - The Structured Critique
Part 7. Writing Judgments, Decisions and Awards
7.1 - Delivering and Writing Judgments
7.2 - Preparation
7.3 - Judgment in the Lower Courts
7.4 - Judicial Training
7.5 - Personal Views on Framework
7.6 - Writing Tribunal Decisions
7.7 - A General Approach
7.8 - Model Decision Writing
7.9 - Writing Appellate Judgements
7.10 - Appellate Tribunal Awards
7.11 - Court of Appeal Judgements
Part 8. Using Law Reports: Fundamentals and Difficulties
8.1 - The Functionality of Law Reports
8.2 - Accuracy in Law Reporting
8.3 - Editorial Anomalies
Bibliography
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