LLLEEEETTTTTTTTEEEERRRRSS TTTOO A LLLAAAAWW A GUIDE TO STUDYING LAW AT UNIVERSITY SSSTTTTUUUUDDDDEEEENNNNTT FOURTH EDITON NICHOLAS J. McBRIDE Letters to a Law Student At Pearson, we have a simple mission: to help people make more of their lives through learning. We combine innovative learning technology with trusted content and educational expertise to provide engaging and effective learning experiences that serve people wherever and whenever they are learning. From classroom to boardroom, our curriculum materials, digital learning tools and testing programmes help to educate millions of people worldwide – more than any other private enterprise. Every day our work helps learning flourish, and wherever learning flourishes, so do people. To learn more, please visit us at www.pearson.com/uk Letters to a Law Student Fourth edition Nicholas J. McBride Jason N.E. Varuhas Harlow, England • London • New York • Boston • San Francisco • Toronto • Sydney Dubai • Singapore • Hong Kong • Tokyo • Seoul • Taipei • New Delhi Cape Town • São Paulo • Mexico City • Madrid • Amsterdam • Munich • Paris • Milan KAO Two KAO Park Harlow CM17 9NA United Kingdom Tel: +44 (0)1279 623623 Web: www.pearson.com/uk First published 2007 (print) Second edition published 2010 (print) Third edition published 2014 (print and electronic) Fourth edition published 2018 (print and electronic) © Pearson Education Limited 2007, 2010 (print) © Pearson Education Limited 2014, 2018 (print and electronic) The rights of Nicholas J. McBride and Jason N.E. Varuhas to be identified as authors of this work have been asserted by them in accordance with the Copyright, Designs and Patents Act 1988. The print publication is protected by copyright. Prior to any prohibited reproduction, storage in a retrieval system, distribution or transmission in any form or by any means, electronic, mechanical, recording or otherwise, permission should be obtained from the publisher or, where applicable, a licence permitting restricted copying in the United Kingdom should be obtained from the Copyright Licensing Agency Ltd, Barnard’s Inn, 86 Fetter Lane, London EC4A 1EN. The ePublication is protected by copyright and must not be copied, reproduced, transferred, distributed, leased, licensed or publicly performed or used in any way except as specifically permitted in writing by the publishers, as allowed under the terms and conditions under which it was purchased, or as strictly permitted by applicable copyright law. Any unauthorised distribution or use of this text may be a direct infringement of the author’s and the publisher’s rights and those responsible may be liable in law accordingly. Pearson Education is not responsible for the content of third-party internet sites. ISBN: 978-1-292-14924-0 (print) 978-1-292-14925-7 (PDF) 978-1-292-14926-4 (ePub) British Library Cataloguing-in-Publication Data A catalogue record for the print edition is available from the British Library Library of Congress Cataloging-in-Publication Data Names: McBride, Nicholas J., author. | Varuhas, Jason, author. Title: Letters to a law student / Nicholas J. McBride ; with Jason N.E. Varuhas. Description: Fourth edition. | Harlow, England ; New York : Pearson Longman, 2017. | Includes bibliographical references and index. Identifiers: LCCN 2017030226 | ISBN 9781292149240 (Print) | ISBN 9781292149257 (PDF) | ISBN 9781292149264 (ePub) Subjects: LCSH: Law students--England--Handbooks, manuals, etc. | Law--Study and teaching--England. Classification: LCC KD442 .M36 2017 | DDC 340.071/142--dc23 LC record available at https://lccn.loc.gov/2017030226 10 9 8 7 6 5 4 3 2 1 22 21 20 19 18 Cover image background © Stock/Getty Images Plus/MLiberra/Getty Images Print edition typeset in 10/13 Janson MT Pro by iEnergizer Aptara®, Ltd. Printed and bound in Malaysia NOTE THAT ANY PAGE CROSS REFERENCES REFER TO THE PRINT EDITION To the magical Isabel, Ines, and Luca I miss you very much, dear friends; you are my joy and my crown (Phil. 4:1) This page intentionally left blank Table of contents Preface ix Acknowledgements xi About the author xiii Publisher’s acknowledgements xv Letter 1 What is law? 1 Letter 2 Four reasons for studying law 15 Letter 3 The astonishing hypothesis 35 Letter 4 But is law the right subject for me? 45 Top 10 Myths about studying law 62 Letter 5 Choosing a university 67 Letter 6 The LNAT and other law tests 81 Letter 7 Tips for interview 87 Letter 8 How (and how not) to argue 95 Top 10 Fallacies and stupidities 102 Letter 9 General tips on studying law 109 Letter 10 Some hard truths 119 Letter 11 Avoiding problems 129 Letter 12 Coping with stress 135 Top 10 Films about law 139 Letter 13 Making the most of your time 143 Letter 14 Using a textbook 149 Letter 15 Reading cases 155 Letter 16 A brief history of law reporting 171 Top 10 Figures in English legal history 178 viii Letters to a Law Student Letter 17 Making sense of statutes 187 Letter 18 How to get through an article 195 Letter 19 Using the internet 203 Letter 20 Getting the most out of where you are 205 Top 10 Controversies in English law 214 Letter 21 Your fellow students 221 Letter 22 On free speech 223 Letter 23 How to write an essay 229 Letter 24 Writing a dissertation 251 Top 10 Metaphors, allusions, and phrases 272 Letter 25 How to write a problem answer 281 Letter 26 Tips on revising 297 Letter 27 Last advice before the exams 307 Letter 28 Moving on 313 Top 10 Final words of advice 319 Appendix A. A Mini-Dictionary of English Law 325 Appendix B. Century Insurance v Northern Ireland Road Transport Board [1942] A.C. 509 347 End notes 361 Index 371 Preface This book has been written for anyone who is doing, or thinking about doing, a law degree at university. The book comprises a series of letters to an imag- inary law student, Jamie. The first letter is sent to Jamie while Jamie is still at school and thinking about doing a law degree at university. The final letter gives Jamie advice about preparing for life after university, having done a law degree. The 26 letters in between track Jamie’s progress from school to university, giving advice to Jamie on various issues such as how to study law, how to write legal essays, and how to revise for exams. Inspired by the bril- liant Top 10 Show hosted by John Rocha and Matt Knost on the SK Plus YouTube channel and Podcast, I have inserted into this edition of Letters to a Law Student a number of Top 10 lists, which provide a fun and efficient way of giving law students a lot of useful information that they will find helpful in their studies, and deliberations as to whether to study law or not. Jamie does not exist, and no one who is thinking about studying law or is studying law will share all of the concerns that prompt the letters to Jamie set out in this book. Some letters will be of more relevance to you than others: (1) If you are considering studying law at university then you should read letters 1–4, 8, and 23, and the Top 10 Myths About Studying Law to get a feel for what law is about and what sort of skills studying law will require you to have and develop. Letters 9 and 13–15 will give you more of a sense of what studying law is like. (2) If you have made up your mind to study law at university, and are in the process of making applications to study law, then letters 1–4 and 8 would still be useful as reinforcing and deepening your choice to study law, and letters 5–7 will be highly relevant to you. If you are applying to a univer- sity that requires you to have an interview as part of the application process, you should also read letter 8, the Top 10 Fallacies and Stupidi- ties, and letters 22–23. (3) If you have been accepted to study law at university, then you should still read letters 1–2, 4, and 8 to help you get ready for the experience of stud- ying law. You should also read: letters 9–23 and 25 (as well as all but the