Legal Method (2nd Edition)
by Christopher Enright
Lawyers tend to be skills averse. Consequently students in law schools sometimes, perhaps often, learn skills by a process akin to osmosis. They absorb some way of performing various tasks with law but without explicit or proper instruction. Their ensuing knowledge and understanding are implicit rather than explicit. This lessens their ability to learn law as students and to work with law as legal practitioners.
This book aims to rectify this problem. It draws on work in a companion volume, which is entitled Legal Reasoning. This book explains the reasoning processes that lawyers should use when working with law if they wish their work to be effective and efficient. Legal Method describes methods for performing an array of tasks based on these methods of reasoning. These tasks consist of organising law, making law, interpreting law, using law in litigation and transactions [which includes the specific skills of applying law to facts and proving facts), writing law and reading law.
492 pages softcover
View a sample of this book.About the Author
Christopher Enright is a chartered accountant, barrister and solicitor. He has lectured in law at several universities. He specialises in legal method.
Principles of Constitutional LawThe 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.
Fundamentals of Legal ResearchThis 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.
Drafting Readable StatutesVast 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.
Anatomy of a Privative Clause (2nd Edition)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.
A Method for Interpreting StatutesThe 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.
Legal Writing (2nd Edition)Complaints about legal writing, like billable hours, just keep mounting. This book seeks to solve the problem of lack of understanding by a two-stranded approach.
Proof of Facts (2nd Edition)Little attention is paid in law schools to the reasoning processes for proving facts. This book seeks to rectify this problem. It contains a four-step model for proving facts.
Sources of Law (2nd Edition)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.
Trial AdvocacyThis book explains the task necessary for trial advocacy for a case based on a dispute of facts.
Constitutional Law: Legislation and DocumentsThe 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.
Constitutional Law: WorkbookThe aim of this book is to provide an array of exercises that assist students in understanding the Constitution of the Commonwealth of Australia.
How To Answer a Problem QuestionThis 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.
How To Detect Ambiguity in Statute Law and Common LawLegal education pays little attention to ambiguity. This leads to neglect of two important aspects of ambiguity.
How To Interpret a StatuteThis book explains an effective method for interpreting the object and meaning of statutes of law.
How To Organise Law and LitigationThis 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.
How To Prove FactsProving facts in court is an uncertain business. This book describes a model for proof of facts to throw some light on the subject and to make the task more systematic.
How To Work with Common LawCommon law is a messy beast. This book seeks first to analyse and explains it and enable readers to work with common laww more effectively.
How to Write Clearly and Write ExaminationsThis book covers the essentials of clear writing techniques and teaches skills on how to plan for and perform well in examinations.