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.
- Meaning of Law, Rules, Regulation and Policy
- Sources of law — custom and treaty, legislation, precedent
- Learning the Law: Chapters: 1.The Divisions of the Law
- Introduction, Meaning, nature, scope and importance of jurisprudence
- Law
- Sources of law
- Precedent — Meaning and nature of Precedent as a source of law
- Legislation — Meaning, Nature and Scope of Legislation as a source of law Kinds of Legislation
- Relationship between International Law and Municipal Law, Monistic Theory, Dualistic Theory)
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.
- Basic features of Inductive and Deductive reasoning and their uses in Courts
- Analogy — characteristic of a good and bad analogy. Its use in law — circumstantial evidence
- Syllogism — Rules and Fallacies
- The Interpretation of Statutes
- Rules of interpretation of Statutes — Literal, Mischief and Golden rule of interpretation
- General Clauses Act, 1897
- Legislative Material — Internal Aids — Parts of a statute and their function in interpretation of a statute — Short and long titles, preamble, schedules, marginal headings, parts, and their captions, chapters and their
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).
- Social Research — Nature and Purpose, Types of methodology — comparative, descriptive, diagnostic, exploratory, experimental
- Tools of data collection — observation, interview, questionnaire and schedule, case study, sampling, Stages of data collection — conceptualizing problem, laying down hypothesis, defining the variables, choosing the tools of data collection, phase of data collection, data analysis
- Use of Computer and internet in professional legal work
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.
- Case analysis and case briefs-relevant Indian case laws
- Case Law Technique
- Judicial material — Ratio and guidelines of courts in the following cases, minority, and majority judgements
- Precedent — Meaning and nature of Precedent as a source of law
- Supreme Court of India Maneka Gandhi vs Union Of India on 25 January,1978
- Amendment and the basic structure doctrine (Part XX) 4.3Constitutional Bodies and Offices Services (Part-XIV, Chap-1)
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.
- Historical background and framing of the Indian Constitution
- Salient Features of the Indian Constitution
- Basic Constitutional Principles Rule of Law
- Theory of Separation of Powers
- Principles of Natural Justice Definition, Nature and Scope Rule against Bias Audi Alteram Partem Post Decisional Hearing Reasoned Decisions
- Court System under the Constitution of India: Supreme Court, High Court, Subordinate Courts &Writ Jurisdiction
- Administrative Tribunals Characteristics
- Lok Adalats
- Mediation and Negotiation
- Study and analysis of Moot problems including issues involved
- Drafting of Moot Memorials/ Arguments
- Studying laws, rules and case laws for Moot Problems
- Moot — oral submissions
- Games Lawyers need to play — Understanding Moot Problems and Memorials