INTRODUCTION TO LAW
Lectures
29 Sept - 10 Oct 2008
Professor Sharon Turner
School of Law
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INTRODUCTION
Welcome to the Introduction to Law lectures at Queen’s. The lectures, which will be
given as part of the overall induction programme in the School of Law, are intended
to provide an overview of the key features of the legal system(s) that you will be
studying over the coming years. Of course, the fact that your studies will last for
several years means that you will develop a fuller understanding of those features
only as you approach the end of your studies. However, the themes to be examined
over the next two weeks are so elemental to the study of law that they merit “frontloading” in the overall curriculum. The lectures should therefore be regarded as
foundational in nature or, put differently, as primers for many of the other subjects
that you will read within your degree pathway.
One point that it is important to bear in mind as you attend the lectures is that we
now live in a society where a number of legal systems intersect with one another and
impact upon the way in which we study law. For instance, Queen’s is a university
situated in Northern Ireland, which has its own legal system, court structures, and
legislature (among other things). However, Northern Ireland, in turn, is a part of the
United Kingdom (UK), and the Northern Ireland legal system and institutions are
closely linked to those of the rest of the UK. At the same time, the UK is a Member
State of the European Union (EU), and EU law has very important implications for
many aspects of our legal order. So too has the European Convention on Human
Rights (ECHR). And so on …
The lectures will begin by taking you through the syllabi for the different courses
you will read this year, and by explaining how they fit together. They will then
consider the sources of law that are central to the remainder of your studies in year 1
and beyond, and also the main courts that you will encounter. Week two begins with
lectures on statutes and on styles of legal writing and citation, and next it has
lectures on “precedent” and “statutory interpretation” (as well as one on using the
law library and conducting legal research). “Precedent” and “statutory
interpretation” are generally regarded as definitive of the common law system of
England and Wales and Northern Ireland, and you will see, in a rudimentary form,
what they are and how they work. You will also be introduced to the impact that
other legal systems – primarily EU law and the ECHR – have had in these areas.
READING
The readings for the course are listed under each of the lecture summaries (below),
and you must read all of the noted materials. Although you will not have the
opportunity to discuss these materials in a tutorial setting – tutorials start, instead, in
the other level 1 modules – it is imperative that you read around the topic and start
to develop an understanding of the nature of the subject. Law is a literature intensive
degree programme, and you will be required to read a wide variety of sources
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during your studies. The reading lists below thus include examples drawn from
statute law, case law, books, and articles.
Students are, for these purposes, also required to purchase B. Dickson, The Legal
System of Northern Ireland, SLS Legal Publications, Belfast, 5th ed, 2005 (the book may
be purchased directly from the publisher – which is situated at 50 Malone Road –
for the specially reduced price of £20). Dickson is not only required reading for
several of the Introduction to Law lectures; it is also the most comprehensive book on
the Northern Ireland legal system. You will thus have many occasions to refer to it in
the future.
In addition to Dickson, students should be aware that there are many other books on
the wider UK legal system and its processes. None of these has been prescribed for
the course, although students are encouraged to consult and/or buy them by way of
further reading. Some of the more prominent titles include:
1. Malleson, K., The Legal System, 3nd edition (Oxford University Press, 2007),
available in the law library at KL11/MALL
2. Slapper, G. and Kelly, D., The English Legal System, 8th edition (London:
Cavendish, 2006), available in the law library at KL11/SLAP
3. Ingman, T., The English Legal Process, 11th edition (Oxford University Press,
2006), available in the law library at KL11/INGM
4. Bradney, A; Cownie, F; Masson, J; Neal, A; Newell, D., How to Study Law, 5th
edition (London, Sweet and Maxwell, 2005), available in the law library at
KL131.35/BRAD
5. Glanville Williams, Learning the Law, 13th edition (London: Sweet & Maxwell,
2002), available in the law library at KL131.35/WILL
ASSESSMENT
There is no formal assessment procedure for Introduction to Law. However, all
students are required to complete a short case note exercise, which is to be
undertaken during the first week. Here, students should choose any case – whether
found on-line or in hard copy in the library – and write a corresponding summary of
no more than 250 words. The summary should, among other things, note the court
that delivered the judgment; the parties to the dispute; the core facts; the legal issues;
and the outcome.
The case summary is to be submitted to the Law School Office by no later than
4:30pm pm on Thursday 9th Oct 2007 (students must sign the student list when
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submitting the summary). Students should note that failure to complete the case
exercise will be viewed as a serious progression issue and the School will decide on
a case-by-case basis whether a student should be allowed to complete year one.
Remember, the topics covered in the Introduction to Law lectures are central to the
wider degree programme. Exercises of this kind are therefore intended to help you
begin the process of reading and digesting the law (in this instance, in the form of
case law).
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THE LECTURES
The lectures are held at the times and venues listed below. Most of the lectures will
be given by Professor Sharon Turner. In addition to her student office hours (listed
in the School of Law lobby), she can be contacted at s.turner@qub.ac.uk. Mr John
Knowles, the Senior Law Librarian, will also give some of the lectures
(j.knowles@qub.ac.uk ).
Introducing the Law Degree & Skills Policy
Mon 29th Sept 2008, 1.00-2.00pm
DKB/LG/115
Prior to this lecture, you will have been officially welcomed by the Head of School
and Director of Education and given some general information about what a law
degree is, and what you can expect from it (and it from you). This lecture is designed
to build on the welcome and general orientation process by bringing you through
the content of the courses that you will be studying in semester 1. It is important to
remember that you need not worry about the detail of the courses at this stage, as
you will be expected to master them only when have taken the lectures and tutorials
(although questions at this stage are of course welcome). This lecture should
therefore be regarded as a mapping exercise that will point you towards questions of
skills progression, assessment, teaching methodology, etc.
Reading
There is no follow-up reading for this lecture.
Sources of Law
Tuesday 30th Sept 2008, 4.00-5.00pm Peter Frogett Centre GO7
This lecture will take you through the basics of the key sources of law operating in
the UK and introduce some of the problems associated with them. This session will
also refer to sources of law that originate outside the UK but which affect day-to-day
life here, most notably EU law and international human rights law.
Court Structures
Wednesday 1st Oct 1.00-2.00pm DKB/LG/115
Understanding the court structures is another central feature of the UK’s legal
system and the study of law. This lecture will address the main features of the court
system and will address the hierarchy in the court system; the relationship between
courts “inside” and “outside” the UK; and the appointment of judges. In addition
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the lecture will address wider thematic questions such as, does the composition of
the bench reflect demographic and socio-economic patters in wider society?
Reading
Dickson, chpt 2 (on sources).
Kate Malleson, The Legal System, 3nd edition (Oxford University Press, 2007), ch 17,
available through Queen’s On-line and in the law library at KL11/MALL
Human Rights Act 1998 (http://www.opsi.gov.uk/acts/acts1998/19980042.htm)
Judgments
Wednesday 1st Oct 2008, 2.00-5.00pm
DKB/LG/115
This lecture continues with the theme of judging, and focuses on the nature, form,
and importance of judgments. It begins with a general overview of what judgments
are and where they can be found, and it then examines the structure of two sample
judgments (one of which will be a ‘UK’ judgment; the other a ‘European’). This
analysis will provide some of the necessary background for the compulsory case
summary exercise (see “Assessment”, above), as it will suggest ways in which cases
might be read. It will also highlight the difference between a typical UK and
European case by way of illustrating the fact that we now live in a society that is
regulated by a multiplicity of overlapping legal systems.
The lecture will also show students how IT can be used to find cases. This will
involve use of a wide range of electronic sources, many of which can be accessed
only through Queens On-Line.
Reading
Dickson, chpts 5-8 (on courts)
Anthony Bradney et al, How to Study Law, 5th edition (London, Sweet and Maxwell,
2005), ch 5, available through Queen’s On-line and in the law library at
KL131.35/BRAD
Brooks v Metropolitan Police Commissioner [2005] UKHL 24, [2005] 2 All ER 489
Case 6/64, Costa v ENEL [1964] ECR 585
Any additional case of any court, i.e. for the assessment.
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Statutes
Monday 8th October 2008, 9.00-10.00am
G06 PFC
This lecture will introduce you to the layout and breakdown of a statute. Statute law
is central to many legal disputes and cases, and important questions about the
nature and meaning of a statute may arise (see too this week’s lectures on ‘Statutory
Interpretation’). Taking a sample statute provided in your course materials - the
lecture highlights points of terminology and drafting technique, and also some
rudimentary points about interpretation. It will also identify some of the problems
with reading statutes, for instance questions of repeal and overlap with other pieces
of legislation.
Reading
Dickson, pp 51-85.
Legal writing, Research & Citation
Tuesday 7th Oct, 9.00-10.00am
G07 PFC
We will turn, in this lecture, to examine methods of legal writing and citation. Again,
this is something that you will fully master only after you have gained more
experience as law students. At the same time, there are a number of “dos” and
“don’ts” that you should be aware of even at this early stage, as failure to observe
some of the these can have very serious implications for your degree studies.
The most important of these concerns plagiarism. Plagiarism, which is an academic
offence, “is defined as the presentation of the work of others as the writer’s own
without appropriate acknowledgment” (QUB Study Regulation 7.17). The lecture
will thus give examples of plagiarism, explain how the university identifies
plagiarism, and highlight the possible penalties for plagiarism. (On penalties see
further Part 7 of the QUB Study Regulations).
Reading
There is no follow-up reading for this lecture, although students must familiarise
themselves with the QUB Study Regulations.
The Law Library and Legal Research
Thursday 9th Oct 2008,
9 am- 10am (G06 PFC); 11 am- 12pm (G07 PFC)
Understanding how to use a Law Library is a key skill for lawyers and students of
the law. These two linked lectures delivered by the Senior Law Librarian at Queen’s
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will introduce you to the Law Library and show you how get the most from its
resources.
The Law Library at Queen’s provides a vital learning environment and research
gateway for students. It contains a vast range of legal source materials – ranging
from court reports (containing judgments), legal periodicals or journals (containing
analysis of legal developments by experts), books, and wider EU and international
documentation.
These lectures will begin by giving you an overview or ‘virtual’ tour of the Law
Library at Queen’s – introducing you to its key materials and their location,
including the textbooks and other module readings available from the Library’s
issue desk and online. The enhanced learning support to be provided by a new
library building in your final year will also be explained.
The lecture will then move on to take a more detailed look at how undertake legal
research – showing you how to find journal articles listed in module readings; key
textbooks and other specialised books. The importance of the Library catalogue will
also be considered as a way of exploring the Library’s book collection to supplement
key textbooks and find current discussion of all aspects of law.
In addition to the traditional ‘paper’ library, you will also be introduced to the
extensive online law resources, highlighting the commercial legal databases
available to you as a Queen’s student. You will be shown how online resources can
be used to support independent research throughout your law degree.
Reading
There is no follow-up reading for this lecture, although you may find it useful to find
online sources for reading listed for the other lectures in this series.
Statutory Interpretation
Thursday 9th Oct 2008, 2.00-5.00pm
G06 PFC
We turn in this lecture to consider rules of statutory interpretation. Judges, through
the function of interpreting legislation, are in a (potentially) very powerful position,
as they must read legislation and decide what it means within the context of a
particular dispute. This raises very important questions about the limits to the
judicial role, as an expansive approach to “interpretation” (more typically called the
“purposive” approach) can result in judicial “legislation” (the task of making the law
is, constitutionally speaking, one for Parliament). Is an expansive approach thereby
to be rejected in all cases? Or is it correct that the courts should sometimes give
legislation a meaning that moves beyond the “literal”? And what does European law
have to say on the matter?
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Precedent
Friday 10th Oct 2008
10.00-11.00 G07 PFC
12noon-1.00pm G06 PFC
1.00-2.00pm G07 PFC
The purpose of these lectures is to introduce students to the rules of precedent.
Those rules entail, at their most basic, that a “lower court is obliged to follow a
higher court’s decision in a similar case unless the previous decision can be
‘distinguished’” (Dickson, p 90) and, as has been indicated above, many
commentators regard the rules of precedent them as central to the workings of the
common law. However, it is now also said (by some) that the significance of the
rules is overstated and that precedent is no longer as important as it once was. Is this
the case?
The lectures begin by mapping the rules of precedent and their critique and then
turn to consider the rules with reference to a case study, namely the judgment of the
House of Lords in Hill v Chief Constable of West Yorkshire [1989] AC 53. In that case, it
was held that the police cannot be sued in negligence when investigating crime, as it
would be contrary to public policy to allow that to happen. Is Hill still binding
precedent? We will see the answer in a case that you will have already been referred
to above in the “judgments” lecture, namely Brooks v Metropolitan Police Commissioner
[2005] UKHL 24, [2005] 2 All ER 489.
Reading
Dickson, pp 85-93
Terence Ingman, The English Legal Process, 11th edition (Oxford University Press,
2006), ch 5, available through Queen’s On-Line and in the law library at
KL11/INGM
Hill v Chief Constable of West Yorkshire [1989] AC 53
Osman v Ferguson [1993] 4 All ER 344
Brooks v Metropolitan Police Commissioner [2005] UKHL 24, [2005] 2 All ER 489
Reading
Dickson, pp 93-96
Fiona Cownie et al, English Legal System in Context, 4th ed (*Oxford University Press,
2007), ch 6, available through Queen’s On-Line and in the library at
KL11/COWN
Re Northern Ireland Human Rights Commission [2002] NI 236
Ghaidan v Mendoza [2004] 2 AC 557