How to study Law?

Here is the answer:

To effectively study law, consider the following techniques and principles found in your law course:

1. Understanding Legal Concepts

• Key Terms: Pay close attention to the precise definitions of legal terms. For example, understand the difference between "law" as an abstract concept and "laws" as specific rules or statutes.

• Substantive vs. Procedural Law: Differentiate between substantive law, which governs behavior, and procedural law, which outlines the processes for making, administering, and enforcing substantive law.

• Common Law vs. Statute Law: Understand that common law is derived from judicial decisions and precedent, while statute law consists of written laws passed by Parliament.

• Primary vs. Secondary Sources: Recognize primary sources of law (Acts of Parliament, case law) and secondary legislation (regulations, rules, orders).

2. Mastering Legal Reasoning

• IRAC Method: Use the IRAC (Issue, Rule, Analysis, Conclusion) method to organize your answers in law essays. Start by identifying the legal issue, state the applicable legal rule, apply the rule to the facts, and then reach a conclusion.

• Legal Reasoning Framework: Follow the structure of identifying the legal issue, the rule that governs the issue, the relevant facts, and then applying the rule to the facts before coming to a conclusion.

• Precedent: Understand the concept of precedent (stare decisis), where a principle or rule established in a previous case is binding on later courts when deciding similar cases. Binding precedent is precedent that a court must follow, while persuasive precedent is precedent that a court may follow but is not obligated to.

• Judicial Reasoning: Note that judges are required to explain and justify their decisions. Detailed documentation of judicial reasoning allows common law to develop coherently.

• Analysis: When analyzing legal issues, break them down into their elements and look at the relationships between the parts, supported by evidence and arguments.

3. Developing Exam Skills

• Essay Questions:

  • Understand the Question: Identify the central legal issue and keywords in essay questions.

  • Critical Analysis: Critically analyze, assess, examine, discuss, or evaluate issues by presenting arguments from various perspectives.

  • Case Law: Cite case law to support your points, focusing on the principle or ruling rather than retelling the entire case.

  • Conclusion: Justify your conclusion based on the arguments you've presented.

• Problem Questions:

  • Identify the Issue: Determine the central legal issue and any sub-issues. Use phrases such as "The issue concerns whether...".

  • Trace Facts: Organize the facts chronologically.

  • State the Law: Clearly state the relevant legal principles, quoting relevant legal cases and statutory provisions. Use phrases such as "According to [relevant statute/case law], the law states that...".

  • Apply the Law: Apply legal principles to the facts of the problem question.

  • Address Exceptions: Consider exceptions or limitations to general rules and any statutory limitations.

  • Conclusion: Reach a conclusion based on the analysis and arguments. Use phrases such as "In conclusion, it is likely that the court would find in favor of...".

• Time Management: Plan your time, make rough notes before writing, and ensure you allocate sufficient time to each question.

• Accuracy: Use precise legal language, avoid absolute words (use words like ‘likely’, ‘possible’, ‘highly likely’) and be specific about case law and statutes.

• Answer the Question: Make sure you answer the specific question asked, and do not include irrelevant material.

• Clarity: Write clearly and concisely using appropriate legal terminology, and proofread your answer for errors.

4. Effective Study Techniques

• Past Papers: Practice with past examination questions.

• Note-Taking: Make effective notes while reading.

• Paraphrasing: Instead of copying from source texts, rewrite them using your own words while accurately reflecting the original ideas and properly cite your sources.

• Focus: Study smart by focusing on topics most likely to appear in exams.

5. Legal Research

• Process: Start with primary sources (cases, statutes, regulations) then move to secondary sources (law reviews, dictionaries).

• Databases: Utilize legal databases like Lexis Library, Westlaw, JSTOR, JustisOne, and BAILII for research.

6. Other Important Considerations

• Legal Writing Style: Use formal, academic language. Avoid contractions and personal writing.

• Punctuation: Use correct punctuation to ensure clarity.

• Rule of Law: Understand that the rule of law means that society is governed by law, and laws should be accessible, intelligible, clear, and predictable.

• Ethical Conduct: When advising a client, be sure to act in a way that upholds the rule of law and public trust, and remain within the limits of your competence.

By integrating these techniques and principles into your study routine, you can develop a strong understanding of the law and perform well in your legal studies.