Table Of Content

The Insider’s Guide ttoo LLeeggaall SSkkiillllss Confused by cases? Stuck on statutes? Or just unsure where to start with writing, research or revision? The Insider’s Guide to Legal Skills will show you what you need to succeed, applying skills in their real-world context and helping you get to grips with legal method and thinking. Making use of problem-based learning and examples throughout, the fully updated second edition of this practical and accessible guide will provide you with a clear guide to skills within the law degree, including online learning. It will show you how to make the most of these skills in assessment and also help you to see their importance to a future legal career. Designed for students who want a clear overview of what a law degree is all about, the book has been built on the skills curriculum, and is a suitable text for Legal Skills, Methods and Reasoning courses as well as a general introduction to law, or pre-reading for those considering a law degree. Emily Allbon is an Associate Professor at City University of London. Sanmeet Kaur Dua is a Reader at Queen Mary University of London. The Insider’s Guide ttoo LLeeggaall SSkkiillllss Second Edition EMILY ALLBON AND SANMEET KAUR DUA Designed cover image: Adam Doughty Second edition published 2023 by Routledge 4 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN and by Routledge 605 Third Avenue, New York, NY 10158 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2023 Emily Allbon and Sanmeet Kaur Dua The right of Emily Allbon and Sanmeet Kaur Dua to be identifed as authors of this work has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identifcation and explanation without intent to infringe. First edition published by Routledge 2016 British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library ISBN: 978-0-367-48606-8 (hbk) ISBN: 978-0-367-48605-1 (pbk) ISBN: 978-1-003-04186-3 (ebk) DOI: 10.4324/9781003041863 Typeset in Vectora LH by Apex CoVantage, LLC Contents Authors’ note xi 1 Meet our friends . . . 1 . . . and their moot problem 2 Online learning: breakouts, chat and staying focused 5 2.1 Introduction 5 2.2 Student experience 6 2.2.1 Virtual student experience 7 2.2.2 Mixed mode educational experience 7 2.2.3 Netiquette for online learning 8 2.3 Managing different platforms 12 2.4 Managing your timetable 13 2.5 Managing different time zones 14 2.6 Student wellbeing 15 2.7 Online library 16 2.7.1 Using E-books 17 2.8 Virtual learning environment (VLE) 18 2.9 Online assessments 18 3 Academic and university survival skills: standing on your own two feet 22 3.1 Introduction 22 3.2 Lectures and tutorials – how will I be taught? 23 3.2.1 Teaching mash-ups 24 3.2.2 What do your lecturers want from you? 25 3.2.3 Frustrating behaviour in tutorials 26 3.3 Communicating with academics 27 3.4 Academic advisors 28 vi Contents 3.5 Note-taking 29 3.5.1 When will I be taking notes? 30 3.5.2 Lectures 30 3.5.3 Handwritten or typed? 30 3.5.4 Secret code 31 3.5.5 Get visual! 35 3.5.6 Consolidation 36 3.6 Time management 36 3.7 Avoiding procrastination and time management 40 3.7.1 What happens when something unexpected happens? 40 3.7.2 Time management and revision 41 3.7.3 Time management and coursework 41 3.8 Working with others 42 3.9 Staying in love with law 43 4 Your guide to the English legal system: order, order! 46 4.1 Introduction 46 4.2 How has our legal system developed? 47 4.2.1 The common law system 47 4.2.2 Equity 48 4.2.3 Common law v equity 49 4.3 Common v civil system of law 50 4.4 Who creates the law and what are the different sources of law? 51 4.4.1 Public v private 51 4.4.2 Civil v criminal 52 4.4.3 European law 53 4.4.4 Human rights law 65 5 Sources of law: the tools of your trade 69 5.1 Legislation: primary source 70 5.1.1 Statutory interpretation 74 5.2 Case law: primary source 81 5.2.1 Law reports 81 5.2.2 Hierarchy of law reports 85 5.2.3 Print v online 85 5.2.4 The doctrine of judicial precedent 86 5.2.5 The operation of the doctrine of judicial precedent: ratio and obiter 87 5.2.6 Hierarchy of the courts 89 5.2.7 What can happen to a precedent? 89 5.2.8 Top tips on how to read a case 90 5.3 Journals: secondary source 91 Contents vii 5.4 Books: secondary source 92 5.5 Encyclopaedias: secondary source 92 6 Legal research: digging deeper 94 6.1 Introduction 94 6.2 What will you be looking for? 95 6.3 Books on the shelf or online? 97 6.4 Using Google and free resources 98 6.5 Keeping up to date: current awareness 100 6.6 Legal database overview 101 6.6.1 There are so many! How do I know which one to choose? 104 6.6.2 Feeling lazy? 104 6.6.3 What type of research might I be doing? 105 6.6.4 Getting down to it: simple v complex searching 106 6.6.5 Choosing keywords 107 6.6.6 Natural language v connectors 108 6.6.7 Master the commands 109 6.6.8 And/or 109 6.6.9 Phrase searching 109 6.6.10 Truncation 109 6.6.11 Wild card 110 6.6.12 Proximity 110 6.6.13 Let’s see this in action! 111 6.6.14 What do you think of the research strategies taken by Brodie and Ashwin? 113 6.7 Keeping a record of your research 114 6.7.1 Tools to help 115 6.7.2 In practice 115 7 Legal writing: weaning off ‘like’ and ‘innit’ 117 7.1 Introduction: where to begin and some initial advice 117 7.1.1 A Goldilocks problem 119 7.2 The frst challenge: prepare and plan 121 7.2.1 Popular approaches to planning 122 7.2.2 Problem question 124 7.2.3 Essay question 125 7.2.4 Example answer plans 125 7.3 The second challenge: preparing to write 128 7.3.1 To whom are you writing? 128 7.3.2 What are you writing? 130 7.3.3 Using your plan of action and research to write 137 7.3.4 Legal writing demystifed 138 viii Contents 7.3.5 Editing 140 7.4 The third challenge: understanding the feedback and how to improve 141 8 Referencing and plagiarism: borrow don’t steal 150 8.1 Introduction 150 8.2 So, what exactly is plagiarism? 151 8.2.1 Sounds complicated – are there different types of plagiarism? 152 8.2.2 Not convinced? Four facts for would-be plagiarists 153 8.2.3 University plagiarism policies 153 8.2.4 Plagiarism and the legal profession 153 8.2.5 Plagiarism and the real world 154 8.2.6 Aesthetics of referencing 155 8.3 How do I actually reference? 156 8.4 Strange citation 156 8.4.1 Citing a case? 158 8.4.2 Citing a piece of legislation? 159 8.4.3 Citing a journal article? 159 8.4.4 Citing a book? 160 8.4.5 Citing a chapter in an edited book? 160 8.4.6 Citing from an encyclopaedia? 160 8.4.7 Citing a web resource? 160 8.4.8 Citing an online-only journal 160 8.4.9 Citing a newspaper? 161 8.5 Test yourself! 161 8.6 Are there other things I can do to avoid plagiarism? 163 8.7 The bibliography 165 8.8 Final thoughts 165 9 Mooting and public speaking: speaker’s corner 167 9.1 Introduction 167 9.2 Why moot? 169 9.3 Competitions and how do I get involved? 170 9.4 Mooting basics 171 9.5 What makes a good mooter? 172 9.6 Basics of mooting: how does it work? 172 9.7 Who does what? 173 9.7.1 Senior 173 9.7.2 Junior 173 9.8 Presented with a moot problem 174 9.9 Working through a moot problem 177 9.9.1 Read though the moot problem carefully 177 9.9.2 Decision of the lower court and how to start preparing your arguments 179 9.9.3 Who are you representing? 181 Contents ix 9.9.4 Research 181 9.9.5 The research steps for the frst ground of appeal 184 9.9.6 The research steps for the second ground of appeal 186 9.9.7 Skeleton arguments 187 9.9.8 Preparing your bundle 187 9.9.9 The speech 192 9.9.10 Key phrases 193 9.9.11 Competitiveness at a moot 196 9.9.12 How to look good mooting 196 9.9.13 Look into my eyes 196 9.9.14 Modes of address 197 9.9.15 Saying it right 197 9.9.16 At the moot: where to sit 198 9.9.17 Judicial interventions 199 9.10 Want to explore more than just mooting? 200 9.10.1 Client interviewing competitions 200 9.10.2 Negotiation competitions 200 9.10.3 Mediation competitions 201 9.10.4 Debating competitions 201 10 Employability skills: learn to earn 202 10.1 Introduction 202 10.2 Standing out from the crowd 203 10.3 Opportunities for development 203 10.4 Identifying transferable skills 204 10.5 Career planning in challenging economic times 211 10.6 Commercial awareness 213 10.7 Raising your profle and brand through social media 215 10.8 Show it! 216 10.9 Take it! 217 10.10 Application forms 218 10.10.1 Application form top tips 218 10.11 Employ it! 218 11 Revision and exams: law, eat, sleep, repeat 221 11.1 Introduction 221 11.2 When are your exams? 223 11.3 What format will they take? 223 11.3.1 Closed book v open book exams 224 11.3.2 Take home exams 224 11.4 Planning for revision 225 11.4.1 Revision calendar top tips 225 11.4.2 Revision strategies . . . or what do you actually do when revising? 226