Legal Method Notes pdf - law

Course:

b.a.ll.b (BA9056)

These are points or questions that the court must answer in delivering a judgment. The simplest way to
find an issue is to ask yourself a question. -arguments by the parties: Reasoning of the case: refers to
the reasons or justifications for the court to arrive at a particular decision example the reasoning may
base on policy issue example Gender empowerments etc. Before a judge arrives at a judgment he must
make a reasoning that will act as a judgment. Ratio decidendi (RD): these are important issues that you
must be able to extract in a case. This is a principal of a case or part of the case that carries authority
and it result of the material facts plus reasoning and judgment of the court. Facts are also important
because those lines will bring that principal. LEGAL WRITING Language is
the professional tool that enables a lawyer to communicate well with his audience so language is an
important aspect to be considered and to be given much weight so it is important to learn on how you
can effectively communicate with your audience also language will enable you to put forward your
argument with articulation. PROBLEMS IN WRITING • Poor planning • Lack of care • Inability to
capture and maintain the readers interest • Lack of structure • Poor grammar IMPORTANT CLUES IN
WRITING Clarity: Your writing should make a reader to understand what you have written with
minimum efforts, your statements should be clear and free from ambiguity. Simplicity: use simple but
relevant legal terminologies or language. Avoid long and complex sentences unless it is necessary. (1)
Use one idea in one sentence (2) Avoid using difficult words (3) Avoid technical jargons Accurate and
precision: write something that is exact and free form errors, being very careful. Persuasive: try to
convince your reader on what you are writing. CITATION OF AUTHORITIES: MANNER
OF CITING AUTHORITY

Legislation: there is section subsection , roman and paragraph. 42(2) (e) Constitution: there is Article,
sub article, roman and paragraph Subsidiary Legislation: Rule or regulation, example Regulation, sub
regulation, roman number and paragraph. Rule- Sub rule, roman number and paragraph
CITING BOOKS -Immediately after the name of the author the year comes, the title, edition, place where
it is published and the publisher. ❖ Author’s name ❖ Year of publication ❖ Title of the book ❖
Edition if any ❖ Place of publication ❖ The publisher Example Fintch, J. D, (1974) , Introduction to
legal theory, (2nd edition) , sweet and Maxwell. IMPORTANT HINTS IN CITING When the book is
written by more then 1 author you write the name of the 1st author then you write “et al” meaning and
others. If the book is compiled with an article 1st start with the writer of an article and the title of the
article, then continue with the editor of the book. Example Engels, A.,” The origin of family, private
property and the state, “ in Max, C and F. Engels, selected words, progress publishers, 1968,PP. 20-35.
CITING AN ARTICLE IN A JOURNAL: it is a compilation of articles. In citing an article in a journal start with
the author of the article, the title of the article, the year and volume number of the journal, and page
number. Example: Fridmann,G., “ The intention of Tort and contract” ACTUAL REFERENCING

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