Legal Methods

Guru Ghasidas Vishwavidyalaya · LL.B. Semester 1 · LAIATT1N

Unit I — Introduction to Law and Legal Systems

Meaning, Definition and Functions of Law · Law and Justice · Introduction to Indian Legal System · Law and Morality · Classification of Law—Public & Private, Substantive & Procedural, Civil & Criminal, Municipal & International · Civil Law and Common Law Systems · Sources of Law—Primary and Secondary Sources · Custom, Legislation and Precedent · Justice, Equity and Good Conscience · International Law as a Source of Municipal Law.

Unit II — Legal Reasoning and Statutory Interpretation

Legal Reasoning—Meaning and Scope · Propositions, Arguments and Explanations · Deductive and Inductive Reasoning · Analogical and Syllogistic Reasoning · Socratic and Case Method Approaches · Meaning and Types of Statutes · Primary Rules of Interpretation—Literal, Golden and Mischief Rule · Secondary Rules—Ejusdem Generis, Noscitur a Sociis · General Clauses Act, 1897 · Aids to Interpretation—Internal and External.

Unit III — Legal Research and Law Library

Meaning, Objectives and Types of Legal Research (Doctrinal and Non-Doctrinal) · Research Techniques—Data Collection, Sampling, Interview and Observation · Use of Primary and Secondary Legal Materials · Use of Law Library and Legal Databases · Plagiarism and Citation (ILI/Bluebook Basics).

Unit IV — Reading and Analysis of Judgments

Structure of Judgments and Legal Opinions · Article 141 and Doctrine of Precedent—Ratio Decidendi and Obiter Dicta · Identifying Ratio Decidendi and Obiter Dicta · Per Incuriam, Overruling, Concurring and Dissenting Opinions · Brief Introduction to Case Briefing (IRAC Method) · Reading Landmark Judgments such as Kesavananda Bharati and Maneka Gandhi, etc.

Unit V — Contemporary Indian Legal System and Moot Court Skills

Constitution as the Basic Law · Rule of Law, Separation of Powers and Natural Justice · Judicial System in India—Hierarchy and Jurisdiction of Courts · Fora and Tribunals, Lok Adalats and ADR (Introductory) · Legal Institutions and Justice Mechanisms · Meaning and Purpose of Moot Court · Basic Elements of a Moot Problem · Roles in Moot Court—Petitioner, Respondent and Judges · Introduction to Oral Advocacy and Court Etiquette · Demonstration/ Observation of Moot Court · Writing a Simple Legal Argument or Case Summary.