ENGLISH LEGAL SYSTEM
AND
CONSTITUTIONAL LAW
UNIT 1 - LEGAL PROBLEM SOLVING – LEGAL METHODS
BOOK UNIT 3
LEARNING OUTCOMES
Identify legal and factual issues arising in the context of a legal problem, and
understand how to solve the issue.
Cite and critically read cases and statutes.
Explain the principles of using electronic and printed tools to carry out legal research.
1. Introduction
Principles and process of legal research to advise client effectively to solve “legal problem”
2. Legal Problem Solving
2.1 Problem-based Learning?
PBL is an educational method
Starting point: cases do not come in neat subject categories and may not know the law in
advance hence need method
2.2 Developing a Problem-solving Strategy
Develop a clear strategy for approaching a problem
6 stages focused on needs of client, first 3 stages concern how you define client’s problem in
legal terms
Stage 1: Identify client’s objective and the issues
The client might start with brief explanation
, It is lawyer’s responsibility to ensure that client tells you everything that might be
legally relevant
Discussion with client to clarify doubts, client’s concerns and objectives
Stages 2 and 3: Identify potential relevant law and gather relevant facts
Interrelated stages, need to know facts in order to identify relevant law via legal
research
Once identified relevant law, it triggers other questions on the facts = circular process
to have complete picture
Cardinal rule: do NOT leap to conclusions based on inadequate knowledge of facts or
law
Lateral thinking is crucial: speculate on what might be potentially relevant
Continue until confident
Stage 4: Apply the law to the facts
Apply the same legal technique that judges use to decide a case
Contract the issues by eliminating what you consider not relevant
Identify material facts and use arguments to reach conclusion, by applying relevant
law
Stages 5 and 6: Identify possible solutions and select the most appropriate solution
Discuss with client the appropriate solutions: legal and non-legal options
Aim: expand range of possible solutions end eliminate those inappropriate for client
,3. Legal Research
Identify the relevant law to construct a reasoned conclusion through e different types of legal
material available
3.1 Case Law
One of the primary sources of ELS, crucial for doctrine of judicial precedent = judgment in
each case can bind all subsequent cases, depending on the seniority of the court.
Case law recorded in form of law reports.
Reporting of cases
, Law report = a published account of a legal proceeding (commercial publication), on paper or
online, contain:
judgment of a case
review of the facts
reasoning behind the decision
Law reports on selected cases that develop the law in some way or introduce a new point of
law (especially by higher courts) selected by editors of law reports, not by courts (2% of
cases are reported)
“Handed down”: practice of judges approving judgments before they are released (= writer
transcribes what is being said in court and judge approves it)
Legal databases and court websites have transcripts of judgments not selected cases.
Hence availability of transcripts led to increase in unreported decisions being cited in court
judges gave Practice Directions in order to minimise the practice of citing unreported
judgments
History of law reporting
Must cite recent and old cases
From the 13th century until 1535: collections of reports compiled into annual Year
Books, written in law French for small group of pratcising lawyers, reported more on
pleadings and procedures than judgments
From 1535: individual reporters prepared reports for commercial publication (=
nominate reports) their coverage and reliability vary, republished in giant compilation
called the English Reports
19th century: Incorporated Council of Law Reporting was established in 1865 to
produce law reports authoritatively, accurately and promptly = Law Reports (weekly
series still published today)
Law reporting today
Three general series feature the most significant cases across the law: the Law Reports, the
Weekly Law Reports and the All England Law Reports.
Law Reports: parallel series organized by court
o Currently 4 series: : Appeal Cases (AC, appeals in Supreme Court, not Court
of Appeal); Chancery Division (Ch); Family Division (Fam) and Queen’s
Bench Division (QB).
Weekly Law Reports: three-volume set each year since 1953 in conjunction with Law
Reports because it is intended for judges’ revision and later published on Law Reports
o Volume 1: non-significant cases, unlikely to appeal
All England Law Reports: published by LexisNexis, highly respected since 1936
Specialist law reports contain subject specific cases
Transcript only reproduces a judgment DIFFERENT commercial law reports add value to the
reporting of a case:
include ‘”catchwords” that summarise main legal aspects of the case
include “handnote” that summarises fmain acts of the case and points of law and state
Court’s decision (Court “held…”)
AND
CONSTITUTIONAL LAW
UNIT 1 - LEGAL PROBLEM SOLVING – LEGAL METHODS
BOOK UNIT 3
LEARNING OUTCOMES
Identify legal and factual issues arising in the context of a legal problem, and
understand how to solve the issue.
Cite and critically read cases and statutes.
Explain the principles of using electronic and printed tools to carry out legal research.
1. Introduction
Principles and process of legal research to advise client effectively to solve “legal problem”
2. Legal Problem Solving
2.1 Problem-based Learning?
PBL is an educational method
Starting point: cases do not come in neat subject categories and may not know the law in
advance hence need method
2.2 Developing a Problem-solving Strategy
Develop a clear strategy for approaching a problem
6 stages focused on needs of client, first 3 stages concern how you define client’s problem in
legal terms
Stage 1: Identify client’s objective and the issues
The client might start with brief explanation
, It is lawyer’s responsibility to ensure that client tells you everything that might be
legally relevant
Discussion with client to clarify doubts, client’s concerns and objectives
Stages 2 and 3: Identify potential relevant law and gather relevant facts
Interrelated stages, need to know facts in order to identify relevant law via legal
research
Once identified relevant law, it triggers other questions on the facts = circular process
to have complete picture
Cardinal rule: do NOT leap to conclusions based on inadequate knowledge of facts or
law
Lateral thinking is crucial: speculate on what might be potentially relevant
Continue until confident
Stage 4: Apply the law to the facts
Apply the same legal technique that judges use to decide a case
Contract the issues by eliminating what you consider not relevant
Identify material facts and use arguments to reach conclusion, by applying relevant
law
Stages 5 and 6: Identify possible solutions and select the most appropriate solution
Discuss with client the appropriate solutions: legal and non-legal options
Aim: expand range of possible solutions end eliminate those inappropriate for client
,3. Legal Research
Identify the relevant law to construct a reasoned conclusion through e different types of legal
material available
3.1 Case Law
One of the primary sources of ELS, crucial for doctrine of judicial precedent = judgment in
each case can bind all subsequent cases, depending on the seniority of the court.
Case law recorded in form of law reports.
Reporting of cases
, Law report = a published account of a legal proceeding (commercial publication), on paper or
online, contain:
judgment of a case
review of the facts
reasoning behind the decision
Law reports on selected cases that develop the law in some way or introduce a new point of
law (especially by higher courts) selected by editors of law reports, not by courts (2% of
cases are reported)
“Handed down”: practice of judges approving judgments before they are released (= writer
transcribes what is being said in court and judge approves it)
Legal databases and court websites have transcripts of judgments not selected cases.
Hence availability of transcripts led to increase in unreported decisions being cited in court
judges gave Practice Directions in order to minimise the practice of citing unreported
judgments
History of law reporting
Must cite recent and old cases
From the 13th century until 1535: collections of reports compiled into annual Year
Books, written in law French for small group of pratcising lawyers, reported more on
pleadings and procedures than judgments
From 1535: individual reporters prepared reports for commercial publication (=
nominate reports) their coverage and reliability vary, republished in giant compilation
called the English Reports
19th century: Incorporated Council of Law Reporting was established in 1865 to
produce law reports authoritatively, accurately and promptly = Law Reports (weekly
series still published today)
Law reporting today
Three general series feature the most significant cases across the law: the Law Reports, the
Weekly Law Reports and the All England Law Reports.
Law Reports: parallel series organized by court
o Currently 4 series: : Appeal Cases (AC, appeals in Supreme Court, not Court
of Appeal); Chancery Division (Ch); Family Division (Fam) and Queen’s
Bench Division (QB).
Weekly Law Reports: three-volume set each year since 1953 in conjunction with Law
Reports because it is intended for judges’ revision and later published on Law Reports
o Volume 1: non-significant cases, unlikely to appeal
All England Law Reports: published by LexisNexis, highly respected since 1936
Specialist law reports contain subject specific cases
Transcript only reproduces a judgment DIFFERENT commercial law reports add value to the
reporting of a case:
include ‘”catchwords” that summarise main legal aspects of the case
include “handnote” that summarises fmain acts of the case and points of law and state
Court’s decision (Court “held…”)
