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Description
How should lawyers go about their task of working with law? Of interpreting, using, reading, writing and making law? Currently, lawyers learn techniques by trial and error. Lawyers are not taught technique at law school. What happens is clearly not best practice.
This book describes clear and simple techniques for working with law. It explains why each technique is needed and what it achieves, and then provides a model for employing it. Each model is a step-by-step guide to performing the relevant task.
Legal Technique is structured to be a text book in an introductory law course and is intended for re-use in later courses on substantive law where these techniques must be further practised.
Lego/ Technique is accompanied by the Legal Technique e Workbook, so that readers can practise the strategies taught in the book and become adept at them. The eWorkbook is only available electronically and is free.
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Contents
Part 1 - Introduction
1. Introduction
2. Symbols
3. Concepts
4. The State
5. Philosophical Concept
6. Probability
7. Things Lawyers Use
8. Matters Lawyers Perform
Part 2 - Making and Interpreting Law
9. Making and Interpreting Law
10. Options
11. Laws
12. Meanings
13. Effects
14. Reasons
15. Policy
16. Policy Making Law
17. Policy Interpreting Law
18. Principle
19. Precedent
20. Precedent: Ratio Decidendi
21. Precedent Share Decisis
22. Precedent in Use
23. Other Sources of Reasons
24. Weighting Reasons
25. Displacing Reasons
26. Decision
Part 3 - Using Law
27. Using Law
28. Tasks in Using Law
29. Organising Law
30. Micro Analysis
31. Legal Consequences
32. Check List of Elements
33. Macro Analysis
34. Organising Law, Illustrations
35. Establishing Facts
36. Providing Facts with Evidence
37. Versions of Truth
38. Probability of Truth
39. Standard of Truth
40. Creating Facts with Procedures
41. Applying Law to Facts
42. Interpreting Law
43. Writing and Reading Law
44. Writing Law
45. Reading Law
Bibliograghy
Index
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