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Teaching Plan

Course Code

Course Title Legal Methods

Course Prof. Mehek Kapoor


Instructor/s
Credit Value 3 credits

Programme MBA LAW- I year Trim I (2018-19)


& Trimester
Pre-requisite

Learning Course Objectives


Objectives / 1. To provide an understanding of the meaning, importance and role of
Outcomes law in society.
2. To provide the understanding of nature & development of law and legal
systems.
3. To know the structure of the legal institutions and the hierarchy of
courts in India.
4. To know the various sources of law and be able to synthesize such
sources and use them to formulate arguments in their research; be
familiar with legal research sources and tools and basic techniques of
legal and logical reasoning.
5. To know the in demand highly efficient techniques for problem solving,
as in-house lawyers for both, corporates and law firms, using customer-
centric approach
6. To understand how disruptive and innovative technologies will shape
the future of the law practice industry.

Course Outcomes
After the completion of the course the student will be able to:

 Understand the concept, sources and the functions of law and various legal
systems of the world.
 Understand the hierarchy of the Indian courts and their jurisdictions.
 Understand judicial reasoning and its application in the Courts.
 Acquire the ability to identify legal issues and principles underlying in any
given factual situation and to undertake and present research on such
issues.
 Equip with the basics of legal research methodology and crisp legal writing.
 Have the necessary toolkit for value addition as a lawyer

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 Understand and be acquainted with the interface between law, technology
and design.

 Catalog Description
This course seeks to enable first year students to understand what is law,
development of law, the nature and sources of law and to distinguish
between various kinds of law. It will provide in-depth knowledge to the
students about the Indian legal system and the functioning and hierarchy of
courts.

This course will give an overview of the law-making roles of the legislative,
executive and judicial branches of government; an introduction to case laws,
including judicial reasoning and the doctrine of precedent; an introduction
to statute laws, including the legislative processes and techniques of
statutory interpretation and application; the interaction between case law
and legislation. This course will give a basic awareness to the students about
legal language, research methodology and legal writing.

This course is developed in footing with superior global universities


offering a similar program. This course aims to enable a student to be
future-ready and aware of the changing landscape of the law practice
industry.

Unit Session Outline Lectures

Law- Nature, Functions, Classification (Jurisprudence)

1  Concept and Definition of Law and the Legal System 2


 Functions of law
 Classification of Law
The Sources of Law (Jurisprudence)

1. Formal Sources
2 2. Material Sources 2
a. Legal Sources (Customs, Legislation, Precedents, Agreements,
Professional Opinion)
b. Historical Sources
3 Concepts of Indian Legal System

 Rule of Law
 Principles of Natural Justice
 Separation of Powers & Judicial Review 3

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 Judicial system in India
i. Hierarchy of Courts
ii. Jurisdiction of the Courts
iii. Development of Commercial Courts in India
Foundation Course on Law & Technology 3
 Introduction to Smart Contracts & Blockchain
4
 Artificial Intelligence: Applicability in the legal profession
 Emotional Intelligence: Interface with Law

Problem Solving Methods (I) 2


5  Design Thinking & its Interface with Law
 Corporate Case Study using Design Thinking

Problem Solving Methods (II) 2


6  Negotiation Skills: Essential Toolkit
 Mock Negotiations

Legal Writing 2
7  Writing with Structure, Clarity, Eliminating Ambiguity
 Legal Questionnaire Preparations

Legal Research Methodology 2

 Meaning & Importance of Legal Research (Research Problem)


8  Legal Materials: Primary & Secondary
 Kinds of Legal Research
i. Doctrinal Research
ii. Non-Doctrinal Research
 Report Writing, Formulation of Problems
Judgement Analysis 2

 Case Law in the study of Legal Method


9  What are precedents?
 Determining the Ratio-decidendi of a case
 Case Analysis and Preparation of Briefs
 Understanding Law Reports
TOTAL LECTURES 20

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Assessment Specific assessments/methods % weight age
methods in
Continuous assessment 100 %
Alignment
with Class Tests /Quiz (September, October) – 15 Marks x 2 30
Intended
learning Individual Research Paper (Law & Interface with 10
outcomes Technology)

Group Assignment (Mock Negotiations Exercise) 10

Group Assignments (Design Thinking Corporate 10


Case Studies)

Final Exam 40

Total 100

Reading List Recommended Text Book:


and
Text Books
References
 A.T.H. Smith - Glanville Williams: Learning The Law, 14th
Edition,Sweet & Maxwell
 B.N.M. Tripathi – An Introduction to Jurisprudence and Legal theory
 C.R. Kothari- Research Methodology-Methods and Techniques
(Second Revised Edition)
 C.K. Takwani – Administrative Law
 V D Mahajan –Jurisprudence & Legal Theory, 5th Edition, Eastern
Book Company

Reference Books
 Nomita Aggarwal – Jurisprudence (Legal Theory)
 Dr. T.Padma- Legal Research Methodology
 Legal Research and Writing Method- Anwuarul Yaqin
 ILI Publication in Legal Research and Methodology
 J.Williams,A Statement on Plagiarism: What It is and How to
Recognize and Avoid It.
http://wso.williams.edu/~athoms/WW/3--Plagiarism Handout.
pdf
 Upendra Baxi, “The Rule of Law in India”, 4 International Journal
of Human Rights 6-25 (2007) [available at www.surjournal.org]
 M.N. Venkatachaliah, “Rule of Law : Contemporary Challenges”,
45 Indian Journal of Public Administration 321 (1999) 77
 H.M. Seervai, “Rule of Law” in The Position of the Indian Judiciary
under the Constitution of India 83-96 (1970) 86

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Prepared by Faculty Recommended by Area / Program Chairperson

Signature: Signature:

Approved By Dean SBM

Signature:

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