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Is it bad form - or even unacceptable - to refer to/cite a) Halsburys Laws of England and b) Foreign cases that are clearly only persuasive?
When tackling essays foreign approaches are great - they can show why the home approach is unacceptable, may need some reform in the interests of universal justice etc. As for Halsbury's I have no idea, but judges do cite it.. and if a judge cites it, why shouldn't you?
As for in problem questions you shouldn't discuss alternative legal approaches where the english aproach is dead clear, unless the question asks you to critically evaluate the law aswell (we get this element in most of our problem questions, dunno if anyone else does). I sometimes find that if you have time throwing some sort of critical comment in doesn't do your grade any harm regardless, but only as an extra... don't sacrifice on addressing the question for this.
As for in problem questions you shouldn't discuss alternative legal approaches where the english aproach is dead clear, unless the question asks you to critically evaluate the law aswell (we get this element in most of our problem questions, dunno if anyone else does). I sometimes find that if you have time throwing some sort of critical comment in doesn't do your grade any harm regardless, but only as an extra... don't sacrifice on addressing the question for this.
Thank you Lewis... I shall slip in the Halsbury's quote and footnote and chance it - it fits beautifully with the point I'm wanting and to make and what I'm trying to convey.
Fireman John
Is it bad form - or even unacceptable - to refer to/cite a) Halsburys Laws of England and b) Foreign cases that are clearly only persuasive?
I've quoted Halsburys and have never been picked up on it. (I was picked on for citing an A-Level textbook, but that's another story!
)Like Lewis said, as long as you use the foreign case appropriately, and state it is only persuasive so the examiner knows you appreciate that, I would go ahead and quote that too.
Good luck FiremanJohn!!
Reffering to foreign cases particularly from the dominions is actually pretty impressive, I have been told. This is true even if they are only persuasive.
It is the legal principle that is important and if it so happens that there is a relevant foreign case then you shouldn't be hindered in using it.
It is the legal principle that is important and if it so happens that there is a relevant foreign case then you shouldn't be hindered in using it.
"Dominions" lol, I prefer the colonies, either way we are the Imperial lords... I tried telling that to someone and they just laughed at me haha.
He he. Was the 'someone' from a dominion?
Oh, how did you guess that?
:bootyshak your mum told me
... and she also told me to tell you to get on with revising for your exams, she is expecting wonders.;dancejf;
... and she also told me to tell you to get on with revising for your exams, she is expecting wonders.;dancejf;screw these exams, i'm happy with straight Bs (2:1s) this year, it's only pass/fail after all, just no real motivation to work hard.
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