CHAPTER 3: LEGAL RESEARCH
Self-assessment on using legal materials to build arguments (page 90).
How confident am I?
Tick which statement applies to you…
I can use cases in my research
I can use articles from journals in my research
I can use textbooks in my research
I can use cases effectively in my assignments
I can use statutes effectively in my assignments
I can use the online legal databases in my research and
I know how to reference them properly
I can present my assignment like a published article!
I know what my finished piece should look like stylewise
I know how to incorporate my own views and
arguments without seeming biased
My action plan:
Very
confident
Would like to be
more confident
When dealing with more theoretical, essay-type questions, you will be required to use
materials such as journal articles in addition to statutory material and cases. You will be
able to use the writing of academics to strengthen your own argument, to show how you
agree or disagree with previous work and to highlight where there are differences of
opinion. While your thoughts and opinions on the question set are important, they must
be considered and well researched opinion, and the more you read, the better informed
you will be. Have a look at Chapter 4, which deals with critical thinking skills. It should
help you get the most out of the materials you select during your research. You should of
course remember that all sources you use in your writing must be acknowledged.
Under no circumstances should you pass off someone else’s thoughts, arguments and
theories as your own. This is plagiarism and considered a very serious academic offence
by all universities. Chapter 5 contains further information on how to avoid plagiarism
and reference material used correctly.
Self-assessment: Statutes and Cases (general online material for Chapter 3).
Task 1:
Find a bound copy of a statute to look at (i.e. the Theft Act 1967). Identify the following
things on the statute and tick the boxes when done:








The short title
The citation (i.e. ‘reference’)
The long title
The date of royal assent
The enacting formula
The main body
The sections of the Act
The sub-sections of the Act
Task 2:
Find a case report to look at (i.e. Fisher v Bell [1961] 1 QB 394 - a bound paper copy in
your law library, not a computerised print-out). Identify the following things and tick the
boxes when done:












The Court
The case name (i.e. the parties)
The neutral citation
The case citation
The date of the judgment
The judges
The subject matter
The headnote (i.e. a summary of the case and the decision of the appeal)
Cases referred to by the judges and the counsel
Details of the action (i.e. brief history)
Counsel (i.e. who represents each party)
The judgment
Task 3:
What do the following words mean in a case judgment?
Word in case judgment:
Affirmed
Applied
Approved
Considered
Distinguished
Overruled
Meaning:
Reading: tricks for non-readers (general online material for Chapter 3).
Read to reveal
If you are reading to find something out, make a note of the specific information you are
searching for, and simply scan the text until you come across a section that looks
relevant.
Scanned
text
“The law of contract is in this book, which is
really long and boring. There are no pictures in
this book. It is a really heavy book, and you will
be sick of carrying it around. The law of offer
really began with the case of Carlill v
Carbolic Smoke Ball in 1893, which stated
that an offer can be made to the world if
one shows an intention to be legally bound.
However, I’m now going to talk about really
difficult legal words and not mention any
cases, so get your dictionary out…”
Relevant
text
Speed-read!
Call it skimming, call it scanning… it’s reading ‘faster’! This is easy to do, but you have
to at least take in some words as your scanning, otherwise it’s just you looking at a piece
of paper! Pick out ‘key words’ and read that paragraph only.
Key
words
“The law of contract circles around aspects of
offer, acceptance, consideration, and legal
relations. All four criteria must be present.
Offer was established by Carlill v Carbolic
Smoke Ball (1893). A unilateral offer is one
which is made to the whole world. Mrs Carlill
accepted that offer when she purchased the
smoke ball. Carbolic argued that they were
simply printing an invitation to treat, but their
intention to be bound can clearly be seen by
their exclamation that they have secured
£1000 for refunds…”
Fill in the table below to start creating your own reading action plan:
Scanned
text
Module or Topic:
Contract law
General reading:
Mondays 3.15 -4pm
Directed reading:
Wednesdays 9am - 11.30 with 2
breaks of 15 minutes; Saturdays
11am – 11.50am.