RRLLB81 ASSIGNMENT 2 RESEARCH ALL TOPICS
COMPLETE ANSWERS STUDY GUIDE 2025/2026 VERIFIED
SOLUTIONS AND CORRECT DETAILED ANSWERS || 100%
GUARANTEED PASS <LATEST VERSION>
1. Q: What is the primary distinction between doctrinal and non-doctrinal
legal research?
A: Doctrinal research is a library-based, analytical study of legal principles,
doctrines, and precedents found in statutes, case law, and commentaries. It is
primarily concerned with 'what the law is.' Non-doctrinal (empirical) research
employs methods from social sciences to investigate the 'impact of law' in society,
using tools like surveys, interviews, and statistics to understand the law's effect and
operation.
2. Q: Define "Legal Positivism" and name one of its key proponents.
A: Legal positivism is a school of jurisprudence that argues law is a set of rules
and norms created by human beings (sovereigns, legislatures). It insists on a
separation between law and morality; a law can be legally valid even if it is
,morally unjust. A key proponent is John Austin (who defined law as the command
of the sovereign) or H.L.A. Hart.
3. Q: What is the "Living Tree Doctrine" in constitutional interpretation?
A: It is a method of constitutional interpretation that views a constitution as an
organic instrument that must be read in a broad and progressive manner to adapt to
changing times and societal values, rather than being confined to its original
historical meaning. It is famously associated with Canadian constitutional law.
4. Q: In legal research, what is a "holding" versus "obiter dictum"?
A: The holding (or ratio decidendi) is the legal principle or reasoning essential
to the court's decision; it is binding precedent. Obiter dictum (plural: obiter dicta)
is a remark or opinion made by a judge that is not essential to the decision and does
not form part of the binding precedent.
5. Q: What are the four main stages of a typical legal research process?
A: 1. Identifying and Analyzing the Facts to pinpoint the legal issues.
2. Formulating the Legal Problem into researchable questions. 3. Locating and
Evaluating primary and secondary sources. 4. Analyzing and Synthesizing the
information and communicating the findings.
6. Q: What is the principle of "Stare Decisis"?
A: It is a Latin term meaning "to stand by things decided." It is the doctrine of
, precedent, where courts are bound to follow the principles established by higher
courts in earlier, similar cases, ensuring consistency and predictability in the law.
7. Q: Describe the difference between a "codifying" and a "consolidating"
statute.
A: A codifying statute aims to exhaustively state the entire law on a particular
subject (both case law and custom), often creating a new, single source of law.
A consolidating statute brings together all existing statutes on a topic into one
single act without intending to change the substantive law, though it may include
minor amendments.
8. Q: What is "Critical Legal Studies" (CLS)?
A: CLS is a legal theory that challenges and seeks to overturn traditional legal
doctrines and norms. It argues that law is not neutral or objective but is a tool used
by the powerful to maintain their status quo, and that legal outcomes are often
indeterminate and politically motivated.
9. Q: What is the significance of the case Donoghue v Stevenson [1932]?
A: This landmark case established the modern law of negligence and the
foundational "neighbour principle." It held that a manufacturer owes a duty of care
to the ultimate consumer of its product, even in the absence of a direct contract.
COMPLETE ANSWERS STUDY GUIDE 2025/2026 VERIFIED
SOLUTIONS AND CORRECT DETAILED ANSWERS || 100%
GUARANTEED PASS <LATEST VERSION>
1. Q: What is the primary distinction between doctrinal and non-doctrinal
legal research?
A: Doctrinal research is a library-based, analytical study of legal principles,
doctrines, and precedents found in statutes, case law, and commentaries. It is
primarily concerned with 'what the law is.' Non-doctrinal (empirical) research
employs methods from social sciences to investigate the 'impact of law' in society,
using tools like surveys, interviews, and statistics to understand the law's effect and
operation.
2. Q: Define "Legal Positivism" and name one of its key proponents.
A: Legal positivism is a school of jurisprudence that argues law is a set of rules
and norms created by human beings (sovereigns, legislatures). It insists on a
separation between law and morality; a law can be legally valid even if it is
,morally unjust. A key proponent is John Austin (who defined law as the command
of the sovereign) or H.L.A. Hart.
3. Q: What is the "Living Tree Doctrine" in constitutional interpretation?
A: It is a method of constitutional interpretation that views a constitution as an
organic instrument that must be read in a broad and progressive manner to adapt to
changing times and societal values, rather than being confined to its original
historical meaning. It is famously associated with Canadian constitutional law.
4. Q: In legal research, what is a "holding" versus "obiter dictum"?
A: The holding (or ratio decidendi) is the legal principle or reasoning essential
to the court's decision; it is binding precedent. Obiter dictum (plural: obiter dicta)
is a remark or opinion made by a judge that is not essential to the decision and does
not form part of the binding precedent.
5. Q: What are the four main stages of a typical legal research process?
A: 1. Identifying and Analyzing the Facts to pinpoint the legal issues.
2. Formulating the Legal Problem into researchable questions. 3. Locating and
Evaluating primary and secondary sources. 4. Analyzing and Synthesizing the
information and communicating the findings.
6. Q: What is the principle of "Stare Decisis"?
A: It is a Latin term meaning "to stand by things decided." It is the doctrine of
, precedent, where courts are bound to follow the principles established by higher
courts in earlier, similar cases, ensuring consistency and predictability in the law.
7. Q: Describe the difference between a "codifying" and a "consolidating"
statute.
A: A codifying statute aims to exhaustively state the entire law on a particular
subject (both case law and custom), often creating a new, single source of law.
A consolidating statute brings together all existing statutes on a topic into one
single act without intending to change the substantive law, though it may include
minor amendments.
8. Q: What is "Critical Legal Studies" (CLS)?
A: CLS is a legal theory that challenges and seeks to overturn traditional legal
doctrines and norms. It argues that law is not neutral or objective but is a tool used
by the powerful to maintain their status quo, and that legal outcomes are often
indeterminate and politically motivated.
9. Q: What is the significance of the case Donoghue v Stevenson [1932]?
A: This landmark case established the modern law of negligence and the
foundational "neighbour principle." It held that a manufacturer owes a duty of care
to the ultimate consumer of its product, even in the absence of a direct contract.
