Legal Method - Revision Materials - Powerpoint

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This pack is intended to support you with yourrevision.

The course materials are contained in:

The two handout handbooks;The set textbook.

These materials are essential for your revision.



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• Read the set textbook! – In addition, the information that

you need is in the Handbooks containing the handouts so

it is really important that you revise from them, and

understand their content;

• The lectures link together in a sequence that work

towards a critical overview of the subject, so it might be

helpful to approach revision in the same way;

• The work that you have done for the workshops is similar

to the work that you will have to do in the exam.



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You have one final assessment for this module:An exam.

To prepare for the exam you

MUST ENSURE THAT YOU DO THE FOLLOWING:



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YOU WILL BE PROVIDED WITH ADVANCEMATERIALS FOR THE EXAM ON BLACKBOARD.

YOU MUST PRINT A COPY OF THESE AND FOLLOWTHE INSTRUCTIONS IN THE MATERIALS.

THEY WILL DIRECT YOU TO THE CASES YOU NEEDTO FIND, PRINT AND BRING WITH YOU TO THE

EXAMINATION, TOGETHER WITH THE ADVANCESTATUTORY MATERIALS.

You may annotate these materials.



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Section A (worth 60% of the marks)

Case law and precedent – MCQs (answer all questions)(You need to bring a printed copy of the cases which you will be directed to in

the advance materials).

Section B (worth 20% of the marks)

Statutory Interpretation – MCQs (answer all questions)

(You need to bring the advance statutory materials with you to answer thissection as the sample statute will be in these materials)

Section C (worth 20% of the marks)

Essay question (answer ONE question)

(You do not need any supplementary materials to answer this section).



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•How does the courseprogress through theinformation and skills youneed?

Course structure1

•Some of the key pointsare listed in the guidance – use your notes toidentify any others you

think are relevant...

Identify the keypoints of each lecture •As you revise, check your

knowledge against thekey points to make surethat you have not left outanything that you need.

Structure yourrevision around thekey points and skills.



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• The most sensible way to start your revision is to makesure that you understand the way in which the course isstructured to make sure that you do not miss anyrelevant information.

• The course links together with each lecture building onthe information in the lecture before so it would be

sensible to start with an overview of the course and the‘big picture’ before moving on to the key issues fromeach lecture.



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Lecture One

Introduction andoverview

Lecture Two

Legal History:development of the

common lawEnglish legal system

Lecture Three

Case Law andPrecedent

Lecture FourStatutes and

StatutoryInterpretation



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Lecture Five

Legal method inpractice

Lecture Six

Socio-legal method

Lecture Seven

Jurisprudence,theory and method



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•

The lectures introduced key concepts in relation toeach topic – it is important to understand and revise

the key concepts.

• Each lecture introduced its own key concepts.

• Some of the key concepts are set out in the next fewslides:



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• Introduced the four quadrants;

• Emphasised the importance of identifying theappropriate legal method, and how to do so;

• Introduced the concepts of primary andsecondary sources;

• Introduced basic legal research concepts;

• Explained relevant reading and learning methods.



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Four important legal methods:

Doctrinal or ‘black letter’ law Legal Practice

Socio-Legal Methods Jurisprudence and legal theory

Ways and methods

of considering law



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• Gave an introduction to the English common

law system;• Traced the history of the modern legal system

from Feudal origins;

•

Explained the development of moderncommon law and equitable principles.



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• Doctrine of judicial precedent;

•

The doctrinal methods of forming precedent;• Stare decisis, ratio decidendi, obiter dicta;

• The doctrinal methods of application of precedent;

• Material facts, levels of abstraction, rules of application.



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• The process of creating a statute;

•

Drafting issues (e.g. clarity etc);• Amending statutes and implications of amendment;

• Statutory aids of interpretation (primary aids (rules)and secondary aids (sources that can be consulted);

• Lists;• Hansard and Pepper v Hart [1993] All ER 42



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• This lecture ‘walked through’ the progress of

Donoghue v Stevenson [1932] UKHL 100;• It demonstrated how doctrinal method works in

practice in the adversarial common law system;

• Use this lecture’s materials to check that you

understand the method principles that were usedby counsel and the judiciary at all the levels thatthe case was heard.



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• What is socio-legal method?

• Scope of socio-legal study;

•

When is it appropriate to use a socio-legal method?• How socio-legal study developed (Weber and Durkheim etc);

• Identifying and distinguishing main categories of socio-legalmethods:

– Positivist (quantitative),

– Interpretivist (qualitative); and

– Theoretical

• Identifying and distinguishing the sub-groups of the key socio-legalmethods identified in the categories above.



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• What is jurisprudence and legal theory?

• Why is it important (historical context, analysis,

application)?• How to use and apply a theory;

• Theoretical questions (what is law? What is legalreasoning?);

• Natural law and legal positivism: compare and contrast;• Hart/Devlin/Dworkin debate;

• Modern legal theory.



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The following slides give:

• Sample MCQs for Section A and Section B;

• Advice on answering the essay question in Section C



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• Answer ALL the MCQs;

• There will be a number possible answers for each question;

• Work logically through the options;

• It’s a two-hour exam and this section amounts to 60% of your

mark, so think about how you manage your time during the

exam;

• Five example/practice questions are included here using the

material from workshop 5.



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CASE: Re M (A Minor) (Care

Order: Threshold Conditions)

[1994] 2 FCR 871 (see Workshop 5)

• Question: Which adult, child or

children were the primary focus

of the case?

A. The twins

B. Child L

C. Child M

D. Mrs W

E. All four children



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• Question: Which one of the

following statements LEAST

ACCURATELY represents the facts

before the court?

A. Mrs W was the cousin of the mother

of M.

B. Neither of the fathers of L or the

twins visited the children.

C. The mother of M had three children.

D. M’s mother was murdered by M’s

father.

E. M’s mother was not born in Jamaica.

F. M’s mother married a Nigerian.



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• Which answer MOST closely

represents the issue before the

House of Lords?

A. Whether M was being properly cared for.

B. Whether to reinstate the care order.

C. Whether M was suffering, or was likely to

suffer significant harm.

D. The literal meaning of the statute.

E. Whether to reinstate the care order when

it was agreed that M was no longer

suffering, or likely to suffer significant

harm.

F. None of the above.



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• What was the history of the case?

A. (1) A Care Order under S.31 Children Act 1989 was

granted to the local authority; (2) The Court of

Appeal reversed this decision and substituted a

Residence Order in favour of Mrs W; (3) The House

of Lords dismissed the appeal.B. (1) Bracewell J granted a Care Order under S.31

Children Act 1989 in favour of the local authority;

(2) The Court of Appeal reversed this decision and

substituted a Residence Order in favour of Mrs W;

(3) The House of Lords reinstated the Care Order.

C. (1) At first instance a Residence Order under S.31

Children Act 1989 was granted; (2) The Court of

Appeal reversed this decision and substituted aCare Order in favour of Mrs W; (3) The House of

Lords reinstated the Residence Order.

D. (1) Family Court; (2) Court of Appeal; (3) Supreme

Court.

E. None of the above.



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• Question: What could be

considered to be the widest valid

ratio from the case?

A. The tense of the statute could be

substituted by any which the court

considers would match Parliament’s

intention.B. That the Court of Appeal erred in its

decision to reverse Bracewell J’s

judgment.

C. The "use of the present tense . . . 'is

suffering' - makes it clear that the harm

must be being suffered at the relevant

time, which is when the court . . . decides

whether or not to make a care order."

D. The House of Lords can substitute the

tense of a statutory provision to fit the

facts of a case.



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• Section B asks multiple choice questions about the statutorymaterial in the Advance Materials provided for the exam.

•Answer ALL the MCQs.

• Section B is worth 20%, so allocate your time appropriately.

• Ensure you are familiar with the material before the exam.

• Bring the advance materials with you to the exam.

• Five example/practice questions are included here concerning the

sections of the Children Act 1989 which you covered in workshop 5.• To answer the questions work through the options methodically.

• Eliminating answers you know to be wrong will narrow the numberof options containing the correct answer.



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STATUTE: Section 47 Children

Act 1989 c.41 (see Workshop 5)

• Which statement MOST

ACCURATELY represents the

‘mischief’ s.47 intends to

remedy?

A. Section 47 intends to place a duty of care

on local authority social services

departments to stop child abuse.

B. Section 47 enables local authority socialservices departments to prevent child

abuse that is either happening, or is likely

to happen in the future.

C. Section 47 intends to empower local

authority social services departments to

investigate suspected child abuse that iseither happening, or is likely to happen in

the future.

D. Section 47 intends to prevent child abuse

that is either happening, or is likely to

happen in the future.



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•This section states, inter alia, that ‘theauthority shall make or cause to be made,

such enquiries as they consider necessary’

when investigating suspected child abuse.

Which of the following IS THE MOST

LIKELY APPROACH to interpreting these

words a court would adopt and why if a

challenge was made with the aim of

attempting to limit the powers of the local

authority?

A. The literal rule would apply because the literal

words of a statute have to be used unless they

create an absurdity which these words do not.

B. The golden rule would apply because the wordsmust be placed in context and the context of

these words is that the enquiries are to prevent

child abuse so there should be no limit on how

that is achieved.

C. Pepper v Hart would apply because it is

important to ascertain the intention of

Parliament before deciding not to use the literalrule.

D. The purpose of the words would be considered

and they would be interpreted to mean what is

reasonably necessary to achieve their purpose.



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• Can a local authority decide

whether or not to make enquiries

into suspected child abuse?

A No, they must if it is reported to

them.

B Yes, because the statute would not

be interpreted to place an absolute

duty on a local authority because it is

unreasonable.

C No, they must if they suspect child

abuse.

D Yes if they do not have a reasonablecause to suspect child abuse.



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• Which of the following is the

MOST ACCURATE literal

interpretation of Section

31(2)(a)?

A. A court can only make a care Order if a

child is suffering or is likely to suffer

serious harm.

B. A court cannot make a care Order if achild is no longer suffering.

C. A court can make a care Order if a child

has suffered or is likely to suffer significant

harm.

D. A court can only make a care Order if a

child is suffering or is likely to suffersignificant harm.

E. A court can only make a care Order if a

child may suffer serious harm.



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• If Section 47 enquiries leave alocal authority believing therethat significant harm is happeningor is likely to happen does Section31 have to be invoked, and why?

A Yes, using the literal rule, because itwould be absurd not to apply for acare order if significant harm is

found.B No because there is no statutory duty

to do so, it is a discretion.

C Yes because that is the only logicalaction for a local authority to take.

D No, using the purposing approach,

because there is a discretion and aslong as a local authority can show ithas taken some action it does nothave to use Section 31.



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• There is a choice of two questions;

• Answer one question;

• It counts for 20% of the marks;

• Approach it logically and work out a coherent plan

and structure;

• You will not have time to write a long essay but try to

structure your essay to be more than ‘bullet points’.



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• Plan your essay – you could make a brief essay plan to help clarify your thoughts and list what

you want to include – but don’t spend too long (nb: 20% of two hours is 24 minutes).

• Make sure you have an introduction(brief), middle(long) and conclusion(to tie it all together).

• Use the plan as you write to ensure you don’t miss anything out and to keep focussed.

• Try to analyse and critique where possible to show the depth of your knowledge –

description only will limit your answer.

• Focus answering the question with relevant material – no marks for irrelevant material –

longer does not necessarily mean better.

• Use clear short sentences – long convoluted sentences can end up saying the opposite to

what you mean, or nothing at all.

• Strike through your plan at the end so that it doesn’t get marked in error.



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Make sure that you

understand what thequestion is asking, andpossibly make a short

plan.

Decide which legalmethod(s) you are

including in your answer…

Make sure that you

structure your answer toinclude an introduction,

main body andconclusions.

Write your introduction.It should be short and

clear.

Introduce differing

points of view andargument in the mainbody to strengthen your

answer.

Use case examples and

authorities, socio-legaland/or theoreticalmaterials where

appropriate.

Before you conclude

ensure your points areorganised into your key

arguments …

Write a short and clear

conclusion. (Do notintroduce new materialinto your conclusion).



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Legal Method - Revision Materials - Powerpoint