Learning Legal Rules

by Holland, James; Webb, Julian

• ISBN13: 9780199557745
• ISBN10: 0199557748
• Edition: 7th
• Format: Paperback
• Copyright: 2010-07-29
• Publisher: Oxford University Press

Summary

Learning Legal Rules brings together the theory, structure, and practice of legal reasoning in a readily accessible style. The book explains how to uncover and exploit the mysteries of legal materials; equipping you with the techniques of legal analysis and argument, the operation of precedent and effective statutory interpretation.

Author Biography

James Holland is a Barrister, Professor of Legal Method and Employment Law, and Head of Bristol Law School. He is also co-author of Employment Law 2009: LPC Guide (OUP, 2009)
Julian Webb is is Professor of Legal Education at the University of Warwick and Director of the Higher Education Academy, UK Centre for Legal Education. He has published widely on the legal profession and is also co-author of Lawyers' Skills 2009-2010 (OUP, 2009).

Table of Contents

Foreword to the First Edition	p. xi
Preface to the Seventh Edition	p. xiii
Acknowledgements	p. xvii
Table of Cases	p. xix
Understanding the Law	p. 1
Introduction	p. 1
A Sample Legal Problem	p. 1
'What is Law?'	p. 2
Parliament	p. 7
The Courts	p. 13
The Importance of Procedural Law	p. 24
English Law and the European Convention on Human Rights	p. 28
English Law and the European Union	p. 30
Conclusion	p. 36
Finding the Law	p. 38
Getting Started	p. 38
Literary Sources	p. 39
Finding Cases	p. 45
Finding and Updating Legislation	p. 49
Finding EU Law	p. 53
Using Online Resources	p. 58
Concluding Remarks	p. 65
Reading the Law	p. 69
Reading Legislation	p. 70
Reading Cases	p. 77
Reading Books and Articles	p. 93
Conclusion	p. 99
From Reading to Writing	p. 104
Writing Legal Essays	p. 104
Answering Legal Problems	p. 111
How to Present your Answer	p. 114
Planning Your Answers	p. 115
Referencing Your Work	p. 116
How Are Law Essays Marked?	p. 117
Conclusion	p. 122
Law, Fact, and Language	p. 125
Law and Fact	p. 125
Law and Language	p. 133
Fact, Language, and the Judicial Construction of Cases	p. 144
The Doctrine of Judicial Precedent	p. 150
Introduction	p. 150
The Idea of Binding Precedent (Stare Decisis)	p. 154
Establishing the Principle in a Case	p. 156
The Mechanics of Stare Decisis	p. 158
Are there any other Exceptions to the Application of Stare Decisis to the Court of Appeal that have Emerged since 1944?	p. 168
Does Every Case have to be Heard by the Court of Appeal before it can Proceed to the House of Lords?	p. 172
Precedent in the Higher Courts: Summary	p. 173
Other Courts	p. 174
Impact of Human Rights Legislation	p. 178
Conclusion	p. 178
How Precedent Operates: Ratio Decidendi and Obiter Dictum	p. 181
Introduction	p. 181
Development of Case Law	p. 182
Trying to Define Ratio Decidendi	p. 185
Perception and Ratio	p. 187
Ratio and Interpretation	p. 189
Summary of Points Covered	p. 190
Obiter Dictum	p. 192
How Precedents Develop	p. 194
Answering Legal Questions on Precedent	p. 202
Material Facts	p. 206
What Can Happen to a Case?	p. 211
The Postal Rule Cases	p. 214
The 'Uncertainty Principle' of Cases	p. 218
Conclusion	p. 221
Making Sense of Statutes	p. 225
Introduction	p. 225
Drafting Styles	p. 225
The Problems of Drafting Statutes in English Law	p. 229
Examples of Drafting Practices and How to Approach them	p. 234
Amending Earlier Statutes	p. 240
Other Points on Drafting	p. 242
European Legislative Drafting	p. 242
The Style of Community Legislation	p. 248
Conclusion	p. 250
Interpreting Statutes	p. 252
Introduction	p. 252
The So-called Rules of Interpretation	p. 253
Examples of the 'Rules' in Action	p. 257
Secondary Aids to Construction	p. 264
The Use of Hansard	p. 273
From Rules to Reality	p. 283
Interpretation and the European Community	p. 289
Interpretation and the Human Rights Act 1998	p. 290
Interpreting Secondary Legislation	p. 291
Illustration of How to Analyse a Case on Statutory Interpretation	p. 293
Conclusion	p. 299
'Bringing Rights Home': Legal Method and the Convention Rights	p. 306
Introduction	p. 306
The European Convention on Human Rights	p. 307
Incorporation under the Human Rights Act 1998	p. 310
Incorporation under the Devolution Acts	p. 318
The Consequences for Legal Method (1): Statutory Interpretation	p. 318
The Consequences for Legal Method (2): Precedent	p. 329
Legal Research and Argumentation	p. 332
Conclusion	p. 333
European Legal Method	p. 336
The Sources of European (Community) Law	p. 336
The Institutions	p. 340
Analytical Techniques Employed by European Lawyers	p. 349
The Effect of EU Law on the Drafting and Interpretation of UK Legislation	p. 355
Conclusion	p. 371
Exploiting Legal Reasoning	p. 374
Logic and Legal Reasoning	p. 375
The Limits of Logic	p. 385
The Decision Analysis Method	p. 393
Index	p. 397
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