This book explains an effective method for efficiently organising the elements of law and litigation, and describes how these are related to the facts and consequences of a case.
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by Christopher Enright
Organising law is a much neglected skill. There are two aspects:
Macro organisation: This involves organising an area of law in a law subject or in a statute. It is the key to obtaining a general understanding of it by knowing how the piece of of the area of law fit together.
Micro organisation: This involves organising a legal rule. Most legal rules have a standard structure. They have elements which define the types or categories of facts to which the rule applies. Then the rule applies to facts it brings consequences.
Litigation that involves a dispute of fact has a simple structure. A paintiff's case rests on a rule that gives them a right to sue if they can prove the facts that fall within the categories that the elements of the rule delineate. Each element has to be matched by a fact of this kind. Each fact that is disputed has to be proved by evidence. A similar structure applies to the remedy that the rule provides to a successful plaintiff.
This book describes a structured approach to legal research consisting of 12 steps. The idea is to present a step by step approach to legal research that is as foolproof as human endeavour can make it.
Vast numbers of statutes rule our lives. Many of them are not easy to read. Parts of some are almost impossible to read. This book sets out some ways of drafting statutes that makes them easier to read.
This book starts from the ground up to explain the logical structure and function of a privative clause. It then considers in a critical way the reasoning of the High Court. It points out aspects that need further attention because the court’s reasoning is unsatisfactory. It also points out relevant legal considerations that the court has so far overlooked.
The skill of interpreting a statute is important for one good reason – the outcome of a case commonly enough depends on how a court interprets an ambiguous provision in a statute. Yet despite the importance of interpreting statutes there have been no serious attempts so far to describe an effective method for performing the task.
Lawyers tend to be skills averse. They absorb some way of performing various tasks with law but without explicit or proper instruction. This lessens their ability to learn law as students and to work with law as legal practitioners. This book aims to rectify this problem.
There are numerous sources of law in Australia, which possesses sixteen legal systems, being the Commomwealth, six states and nine territories. The purpose of this book is to explain the nature of the sources of law used in these legal systems.
The primary purpose of this book is to provide law students with the text of constitutional legislation and documents. Law students need these in several types of courses. The obvious courses are introductory law courses as well as public law courses on constitutional law, administrative law and human rights.
The purpose of this book is to state the major principles of constitutional law in a simple and straightforward manner. It is designed as a first reader in the subject prior to attacking the intricacies of federal constitutional law later in a law course.
This book explains how to answers a problem question. It does this by providing a model. Naturally this model incorporates advice on how to perform the four fundamental skills that are needed to answer a problem question.