Legal Methods

Unit I — CONCEPT OF LAW, TYPES & FUNCTION

Perceptions on Law: Approaches to the Study of Law-Historical, Philosophical, Analytical, Sociological etc.-Law as Distinct from Religion, Morality, Custom, and Public Opinion · Types of Law: Common Law-Civil and Criminal Law-Public and Private Law-Substantive and Procedural Law-Adjective Law-International Law & Municipal Law

• Law
• Law and Morality, Ancient Indian concept of Dharma
• Learning the Law: Chapters: 1.The Divisions of the Law

Unit II — SOURCES OF LAW

Purpose and Function of Law: Normative-Social Ordering-Justice Delivery- Dispute Settlement-Directing Social Change-Social Engineering-Legitimising Power · Sources of Law: Religion-Culture-Agreement-Custom-Precedent & Legislation

• 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
• Convention as a source of law

Unit III — LAW AS A SYSTEM

Form & Structure of Legal System: Rule of Law-Institutions of Law / Hierarchy of the English & Indian Courts · Structure of the Indian Legal System

• Court System under the Constitution of India: Supreme Court, High Court, Subordinate Courts &Writ Jurisdiction

Unit IV — METHODS OF LAW

Statute: How is a Statutory Law Enacted? -The Structure of a Statute-How to Read a Statute · Cases: What is a Precedent in Law?-How to Read a Case?-Distinguishing ‘Ratio’ from Obiter-Judicial Law Making

• Understanding a Statute and Statutory Analysis: Information Technology Act, 2000
• Case analysis and case briefs-relevant Indian case laws
• Case Law Technique
• Precedent — Meaning and nature of Precedent as a source of law

Unit V — LEGAL RESEARCH METHODS

Research-Meaning, Legal Research- Meaning- Types, Objectives, Techniques, Ethics in Legal Research- Plagiarism · Sources – Primary, Secondary, Using Law Library