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Law at University FAQ

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vira
Thanks a lot for the detailed replies! Its easier for me to remember the facts than the principle. If I remember the facts, I can come to the principle by thinking about it. Hence, the approach to use cases as a peg for contract/criminal.

Another question about reading journal articles/other material. How do you quote the journal article? Just the author's name? And where do you usually find good journal articles? Does googling help?

Thanks!

Have you had your law IT inductions yet or have you been introduced to the likes of Westlaw or Lexis etc?

If you haven't then you will be told about this soon and you can get journals from this which is better than using google and they might tell you how to reference but if they don't then quote me and I might be able to help.

Also, if your university has the benefit of an additional e-library like mine does, it will also have journal articles on there.
Reply 81
sleekchic
Have you had your law IT inductions yet or have you been introduced to the likes of Westlaw or Lexis etc?

If you haven't then you will be told about this soon and you can get journals from this which is better than using google and they might tell you how to reference but if they don't then quote me and I might be able to help.

Also, if your university has the benefit of an additional e-library like mine does, it will also have journal articles on there.



I usually look into cases through Westlaw/Lexis. But arent there too many articles for every topic? How do you know what to refer too? For example, the topic of causation on criminal law. How do I proceed about this? Thanks!
vira
I usually look into cases through Westlaw/Lexis. But arent there too many articles for every topic? How do you know what to refer too? For example, the topic of causation on criminal law. How do I proceed about this? Thanks!

I'm quite new to Westlaw so I'm still confused by it all.

Go onto Westlaw, click on Journals, Advanced Search and in the free text box type "causation" then in the Subject/Keyword box type "criminal law" and it provides 400 results which is still a lot but is a lot less than the thousands of results it came up with when I typed in "causation alone"

There really should be a way to wittle it down to less than 400 but I haven't figured it out yet.

If you restrict the year by typing in for example 2009 in the publication year then it produces 26 results which is definitely better but I'm sure we'll get the hand of Westlaw soon. :p:

Hope this helps.
sleekchic
That makes sense thanks but the only thing is if you don't make detailed notes then surely your essays aren't going to be detailed?

Unless you mean use your notes as a summary but keep referring back to the textbook.

The idea is that notes should refresh your memory and provide you with a helpful structure. The basic idea is that your brain stores all sorts of information, but you just need something to jog it to get the information out.

You'll definitely be referring back to textbooks in revision, so there is no need to spend time basically copying out the textbook into your notes. Your notes should be providing you with something genuinely personal and helpful as an addition to textbooks. Almost like a guidebook to help you revise, and a key to open the floodgates of your memory.

vira
Thanks a lot for the detailed replies! Its easier for me to remember the facts than the principle. If I remember the facts, I can come to the principle by thinking about it. Hence, the approach to use cases as a peg for contract/criminal.

Another question about reading journal articles/other material. How do you quote the journal article? Just the author's name? And where do you usually find good journal articles? Does googling help?

Thanks!

Many Text/Cases/Materials books will have excerpts from the important articles. These are really great, and save you lots of time in that they bring out the key points and you don't have to spend time tracking down the articles.

The best way is to follow up footnotes in textbooks and lecture handouts. Then you know what you are getting and where to find it.

If you think you could do with some more articles on a particular area or feel a journal article would help, search on Westlaw. Google can sometimes be helpful, but its generally not a good idea: it will take you ages to find what you want using google.

You usually use articles as follows: "Virgo argues that the law in this area is really mucked up. He says its bad because it uses lemons. It is submitted that he is correct". At that point you bring in your own argument to evaluate whether Virgo is correct or not. You might want to contrast Virgo's view with somebody else who takes a different approach. Titles/which journal etc. aren't necessary.

vira
I usually look into cases through Westlaw/Lexis. But arent there too many articles for every topic? How do you know what to refer too? For example, the topic of causation on criminal law. How do I proceed about this? Thanks!

Under "journal abstract" Westlaw has a brief summary of each article. Read the summary first, and if its relevant read the introduction and conclusion of the article - you'll soon find out if its worth reading.
Reply 84
Meaning that these IB subjects are okay?

HL Chinese
HL English
HL History

SL Economics
SL Biology
SL Maths

My subjects are really hard in my opinion! I havent done history in GCSE and I am not top in english! But a burning desire to study law is...unresistable.
Reply 85
jacketpotato
The idea is that notes should refresh your memory and provide you with a helpful structure. The basic idea is that your brain stores all sorts of information, but you just need something to jog it to get the information out.

You'll definitely be referring back to textbooks in revision, so there is no need to spend time basically copying out the textbook into your notes. Your notes should be providing you with something genuinely personal and helpful as an addition to textbooks. Almost like a guidebook to help you revise, and a key to open the floodgates of your memory.


Many Text/Cases/Materials books will have excerpts from the important articles. These are really great, and save you lots of time in that they bring out the key points and you don't have to spend time tracking down the articles.

The best way is to follow up footnotes in textbooks and lecture handouts. Then you know what you are getting and where to find it.

If you think you could do with some more articles on a particular area or feel a journal article would help, search on Westlaw. Google can sometimes be helpful, but its generally not a good idea: it will take you ages to find what you want using google.

You usually use articles as follows: "Virgo argues that the law in this area is really mucked up. He says its bad because it uses lemons. It is submitted that he is correct". At that point you bring in your own argument to evaluate whether Virgo is correct or not. You might want to contrast Virgo's view with somebody else who takes a different approach. Titles/which journal etc. aren't necessary.


Under "journal abstract" Westlaw has a brief summary of each article. Read the summary first, and if its relevant read the introduction and conclusion of the article - you'll soon find out if its worth reading.


Ok... will try following the journal articles in the textbooks. Hopefully I will be able to remember most of the stuff I read :erm:

Thanks...
:sigh:

I'm still unsure about what books to use so I've gotten everything possibe from the library and I probably shouldn't have because the mini library in my room is terrifiying.

What books would you recommend for the following:

Criminal

Contract - I imagine Burrows/Mckendrick? But I've also got the Coretext series, Davies on Contract, Furmston's Lawof Contract and Poole's Textbook and Casebook on Contract. I know I went a bit overboard on books for Contract but I haven't actually bought those books, they are all from the library. Plus I find contract really confusing.

Constitutional & Admin (Public) - I've got the Coretext series and Ian Loveland's Constitutional Law, Administrative Law and Human Rights A critical Introduction but so far I don't like the latter. :no:

Introduction to Law: This modules is pretty much about the legal system and legal skills, so I've ot Finch & Fafinski's Legal Skills but I still need a book on The English legal system. The reading list recommends Gillespie's The English Legal System, Partington, Introduction to the English Legal System or Cownie's English legal system in Context.
jacketpotato
The idea is that notes should refresh your memory and provide you with a helpful structure. The basic idea is that your brain stores all sorts of information, but you just need something to jog it to get the information out.

You'll definitely be referring back to textbooks in revision, so there is no need to spend time basically copying out the textbook into your notes. Your notes should be providing you with something genuinely personal and helpful as an addition to textbooks. Almost like a guidebook to help you revise, and a key to open the floodgates of your memory.


Many Text/Cases/Materials books will have excerpts from the important articles. These are really great, and save you lots of time in that they bring out the key points and you don't have to spend time tracking down the articles.

The best way is to follow up footnotes in textbooks and lecture handouts. Then you know what you are getting and where to find it.

If you think you could do with some more articles on a particular area or feel a journal article would help, search on Westlaw. Google can sometimes be helpful, but its generally not a good idea: it will take you ages to find what you want using google.

You usually use articles as follows: "Virgo argues that the law in this area is really mucked up. He says its bad because it uses lemons. It is submitted that he is correct". At that point you bring in your own argument to evaluate whether Virgo is correct or not. You might want to contrast Virgo's view with somebody else who takes a different approach. Titles/which journal etc. aren't necessary.


Under "journal abstract" Westlaw has a brief summary of each article. Read the summary first, and if its relevant read the introduction and conclusion of the article - you'll soon find out if its worth reading.

I thought you had to reference each article you used by giving titles etc?

What if it was in an exam and you were referring to an article, would you just give the name of the author of the article or give the whole Article title journal etc?
sleekchic
I thought you had to reference each article you used by giving titles etc?

What if it was in an exam and you were referring to an article, would you just give the name of the author of the article or give the whole Article title journal etc?

In an ideal world I guess you would write the title and the journal, but I don't think there is time for that in the exam. Some titles can be very long, and it just isn't feasible when you are referring to multiple articles and/or contrasting articles in essays. I generally just put "Virgo argues..." and it seemed to go down just fine in essays, tutors never commented on it. Sometimes I would put "Virgo argues in the CLJ that ...".
jacketpotato
In an ideal world I guess you would write the title and the journal, but I don't think there is time for that in the exam. Some titles can be very long, and it just isn't feasible when you are referring to multiple articles and/or contrasting articles in essays. I generally just put "Virgo argues..." and it seemed to go down just fine in essays, tutors never commented on it. Sometimes I would put "Virgo argues in the CLJ that ...".

Thank you.

What about this?

I'm still unsure about what books to use so I've gotten everything possibe from the library and I probably shouldn't have because the mini library in my room is terrifiying.

What books would you recommend for the following:

Criminal

Contract - I imagine Burrows/Mckendrick? But I've also got the Coretext series, Davies on Contract, Furmston's Lawof Contract and Poole's Textbook and Casebook on Contract. I know I went a bit overboard on books for Contract but I haven't actually bought those books, they are all from the library. Plus I find contract really confusing.

Constitutional & Admin (Public) - I've got the Coretext series and Ian Loveland's Constitutional Law, Administrative Law and Human Rights A critical Introduction but so far I don't like the latter.

Introduction to Law: This modules is pretty much about the legal system and legal skills, so I've ot Finch & Fafinski's Legal Skills but I still need a book on The English legal system. The reading list recommends Gillespie's The English Legal System, Partington, Introduction to the English Legal System or Cownie's English legal system in Context.
sleekchic
Thank you.

What about this?

I'm still unsure about what books to use so I've gotten everything possibe from the library and I probably shouldn't have because the mini library in my room is terrifiying.

What books would you recommend for the following:

Criminal

Contract - I imagine Burrows/Mckendrick? But I've also got the Coretext series, Davies on Contract, Furmston's Lawof Contract and Poole's Textbook and Casebook on Contract. I know I went a bit overboard on books for Contract but I haven't actually bought those books, they are all from the library. Plus I find contract really confusing.

Constitutional & Admin (Public) - I've got the Coretext series and Ian Loveland's Constitutional Law, Administrative Law and Human Rights A critical Introduction but so far I don't like the latter.

Introduction to Law: This modules is pretty much about the legal system and legal skills, so I've ot Finch & Fafinski's Legal Skills but I still need a book on The English legal system. The reading list recommends Gillespie's The English Legal System, Partington, Introduction to the English Legal System or Cownie's English legal system in Context.

You've taken the right approach - just spend a bit of time with each book and see which ones work best for you :smile:

I recommend Burrows - Casebook on Contract as your starting point for contract and Herring - TCM on Criminal law for Criminal. Am unsure about Constitutional and Legal Skills - try out different books.
jacketpotato


10) How so I answer an essay question?
The key point to make is that you need to answer the question. Essay questions are not an invitation to write all you know about a particular topic. Be completely focused on the question. Trying to pre-prepare exactly what essay you are going to write in the exam is a really awful idea: the questions you get asked will vary in important respects each year: you need to be able to adopt an appropriate structure for the particular question. Uni exam questions generally look at something which is controversial. You need to have an awareness of what the controversy is, and for this it is often very helpful to have an idea of what different academics think. This means reading journal articles in addition to your textbook.

There are two main approaches I recommend for writing essays. You can also use a hybrid.

1) Extended list format.
If the question asks "Why", you run through the different reasons. If the question asks "Explain", you run through the different explanations. If the question says "What theories have been put forward to explain X", run through the different theories put forward to explain X.

You need to try and do three things. 1) Run through a reasonably wide variety of relevant reasons/theories/explanations, one to a paragraph; 2) evaluate how convincing the reason/theory/explanation is and point out any particular problems with that reason/theory/explanation; 3) In your conclusion compare the different reasons/theories/explanations and decide which one is the strongest. You may well find that they all have some merit but none of them are quite adequate.

You need to express and justify an opinion, preferably by reference to the academic literature. If the question asks "Why", consider which of the reasons are most important. If the question asks "Explain", consider which explanation is the most convincing. And so on.

2) Comparitive structure / split two-sided structure
This is often appropriate where the question gives you a controversial statement and says "discuss". It basically goes:
- Intro
- Section saying yes, the statement is right
- Section saying no, the statement is wrong
- Conclusion

In essence, you play devil's advocate. It is appropriate where there are two diamterically opposed viewpoints - for instance, one viewpoint might say that the decision in case X is good, one viewpoint says that the decision in case X is bad. You spend half the essay arguing that case X is good, and spend the other half arguing that case X is bad, and run through the different points that people might raise in support of each position. In your conclusion you compare the arguments and decide which side is more convincing.

3) Hybrid structure
At degree level, its probably best to use a mix of 1) and 2) for these controversial "Discuss" questions. This structure is particularly appropriate where the essay asks something that is very wide ranging and that involves a number of different themes. It is not appropriate if the essay is focused on a particular issue. So what you do is have a split structure in each paragraph, but organise the essay thematically. For example:

- Intro
- Section on legal certainty containing two short paragraphs. One says that the decision/theory/whatever is uncertain and that this is a problem, the other says that certainty isn't too much of a problem
- A section on whether the statement is desirable as a matter of principle. One paragraph saying yes, one saying no.
- A section on whether the statement is consistent with Human Rights. One paragraph saying yes, one saying no.
- Conclusion

What you are trying to do is split the essay into different themes or different areas of controversy, and are then playing devil's advocate within each theme or within each controversy. Your conclusion should draw these threads together and try to reach some sort of general conclusion. For instance, in the above example, you might conclude that legal certainty isn't too much of a problem, but that issues of principle and that issues of Human Rights are.


The important thing is that you should be able to note down a little plan like that BEFORE YOU START WRITING THE ESSAY. Before you start writing the question, just scribble down your structure before you start writing, and have some idea of the time you want to spend on each section.


Does this also apply to writing a proper assessed piece of coursework? I have an assessed essay which isn't really a "Discuss" question but more of a "read these articles, explain the writers arguments and give opinion on ..." and I think the extended list format might go well with the essay
sleekchic
Does this also apply to writing a proper assessed piece of coursework? I have an assessed essay which isn't really a "Discuss" question but more of a "read these articles, explain the writers arguments and give opinion on ..." and I think the extended list format might go well with the essay

Yes. Read/explain/give opinion on is essentially the same as discuss, but where you have a variety of different points to evaluate the extended list format is most suitable.
jacketpotato
Yes. Read/explain/give opinion on is essentially the same as discuss, but where you have a variety of different points to evaluate the extended list format is most suitable.

Thank you
jacketpotato
Yes. Read/explain/give opinion on is essentially the same as discuss, but where you have a variety of different points to evaluate the extended list format is most suitable.

Would you recommend buying statute books?

I honestly can't see the point in them when the likes of Westlaw/lexis etc exist and in an exam, I can't see how they would be used if you're too stressed etc to look for something.

That's the only reason why I have held out buying them, but I'm not entirely sure.
sleekchic
Would you recommend buying statute books?

I honestly can't see the point in them when the likes of Westlaw/lexis etc exist and in an exam, I can't see how they would be used if you're too stressed etc to look for something.

That's the only reason why I have held out buying them, but I'm not entirely sure.

statute books are absolutely unquestionably essential

If there is a statute on point, it is extremely important to be able to refer to it. Simply being able to open the statute and see what it says is infinitely easier than trying to remember all the different sections. Furthermore, the precise wording of statutes is very important. The general principles and case law are utterly secondary: the statute is your primary source. I defy anyone to remember the precise wording of statutes. When you apply a statute to a set of facts, it is important that you are able to refer to the precise words used - with statutes, knowing the general principles is not enough.

It doesn't matter so much if there if there is one small insignificant section which stands for a very simple proposition, that is easy to remember. But in most cases you will be needing to get familiar with the statute - for statutory bits of law I suggest you use your statute book as much as possible so you get used to using it. Do not just rely on what books say about statutes, you must read the statute.

You are generally allowed to use tabs to indicate the relevant bits of the statute and are probably allowed to underline/highlight as well, check your uni policy.
jacketpotato
statute books are absolutely unquestionably essential

If there is a statute on point, it is extremely important to be able to refer to it. Simply being able to open the statute and see what it says is infinitely easier than trying to remember all the different sections. Furthermore, the precise wording of statutes is very important. The general principles and case law are utterly secondary: the statute is your primary source. I defy anyone to remember the precise wording of statutes. When you apply a statute to a set of facts, it is important that you are able to refer to the precise words used - with statutes, knowing the general principles is not enough.

It doesn't matter so much if there if there is one small insignificant section which stands for a very simple proposition, that is easy to remember. But in most cases you will be needing to get familiar with the statute - for statutory bits of law I suggest you use your statute book as much as possible so you get used to using it. Do not just rely on what books say about statutes, you must read the statute.

You are generally allowed to use tabs to indicate the relevant bits of the statute and are probably allowed to underline/highlight as well, check your uni policy.


Thank you.
Hi guys ...:smile:
just before I ask anything, special thanks should go to jacketpotato for creating this great thread.

I have a question regarding contract law essay exam question which I'm stuck on.
Explain the difference between an ‘offer’ and an ‘invitation to treat’. Is an advertisement an offer or an invitation to treat? Support your answer with case law. 60 marks

I made an attempt to answer that question, but I spent considerably long time which lead to me think that my approach was poor. In accordance with my lecturer's advice, for a 60 marks question, 5 minutes should be spent on planning an answer and and 15 minutes to write up the plan. Having used this method, I failed to even write 3 chunky paragraphs.

I read jacketpotato's approach to answering essay questions, but still did not help. Can anyone offer any help please?

any help very much appreciated. :yes:
Reply 98
Hello again.

I'm looking for some more book recommendations, but books the areas of Human Rights Law and Religion And Law. They're both areas of interest to me and I was wondering if there's any good books out there that someone who's not studying law could understand?

Or should I just stick with the stuff here? :tongue:
Reply 99
eVeNtInE
Hello again.

I'm looking for some more book recommendations, but books the areas of Human Rights Law and Religion And Law. They're both areas of interest to me and I was wondering if there's any good books out there that someone who's not studying law could understand?

Or should I just stick with the stuff here? :tongue:


A really good introductory book to human rights is "Human Rights" from the "A Very Short Introduction" series; it's written by Andrew Clapham. Otherwise a more fun and understandable read is "Taking Liberties" by Chris Atkins. I really can't recommened that book enough; what he says is valid but exaggerated to quite a degree (if you do read it bear that in mind).

Either way, I really wouldn't recommend a substantive text book on human rights law if you're not actually yet a law student. :smile:

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