Mechanisms Of Scholarship

Question 1

What is legal research?

Answer 1

The process of identifying and retrieving information necessary to support legal decision-making and solving legal problems.

Question 2

Main aim of legal research

Answer 2

To find the law that applies to a legal issue or problem and apply it to give advice, argue, or reform the law.

Question 3

Primary sources of law

Answer 3

Authoritative legal rules: Constitution, statutes, case law, regulations.

Question 4

Secondary sources of law

Answer 4

Non-binding commentary that explains or analyzes the law: textbooks, articles, legal encyclopedias.

Question 5

What is “updating authority”?

Answer 5

Checking if legal sources are still current, not overruled or repealed.

Question 6

3 ways to find the law

Answer 6

1) By citation, 2) By subject/topic, 3) By party names.

Question 7

Steps to solve a legal problem

Answer 7

Listen > Extract facts > Analyze facts > Classify facts > Identify legal issues > Find law > Apply law > Conclude.

Question 8

Doctrinal (Black Letter) Legal Research

Answer 8

Focuses on legal rules and principles using statutes and case law. Strictly legal analysis.

Question 9

Socio-Legal Research

Answer 9

Studies how law interacts with society, using interdisciplinary methods to examine law’s impact.

Question 10

Aim of legal writing

Answer 10

To inform and persuade using legal analysis backed by citations and facts.

Question 11

3 qualities of good legal writing

Answer 11

Clarity, Conciseness, Ability to engage the reader.

Question 12

AIRAC method

Answer 12

Area of Law, Issues, Rule, Application, Conclusion.

Question 13

Clarity in legal writing

Answer 13

Use plain language, precise legal terms, correct grammar and punctuation.

Question 14

Conciseness in legal writing

Answer 14

Eliminate unnecessary words and sentences while keeping adequate detail.

Question 15

How to engage legal readers

Answer 15

Use variety, storytelling, sometimes humor; keep tone lively and interesting.

Question 16

What is legal drafting?

Answer 16

Creating binding legal documents like statutes, contracts, wills, legal notices, and pleadings.

Question 17

Key features of legal drafting

Answer 17

Impersonal tone, no citations needed, must reflect facts, law, and allegations.

Question 18

Examples of legal drafting documents

Answer 18

Statutes, agreements, pleadings, wills, notices, legal opinions.

Question 19

What is legal reasoning?

Answer 19

Mental process of drawing conclusions by logically applying legal rules to facts.

Question 20

Deductive reasoning

Answer 20

Applies general rule to specific case to reach a certain conclusion. Uses syllogism.

Question 21

Example of deductive legal reasoning

Answer 21

All illegal contracts are void. This contract is illegal. Therefore, this contract is void.

Question 22

Inductive reasoning

Answer 22

Drawing general conclusions from specific observations or facts. Used when no clear authority exists.

Question 23

Example of inductive legal reasoning

Answer 23

Every June we get thunderstorms. It is June. Therefore, it is likely to rain this June.

Question 24

What is citation literacy?

Answer 24

The ability to read and write legal citations correctly in legal writing.

Question 25

Purpose of footnoting

Answer 25

Acknowledge sources, provide authority, ensure accuracy and credibility.

Question 26

Two major citation styles

Answer 26

OSCOLA (UK), Bluebook (US).

Question 27

Basic citation rules

Answer 27

Ensure consistency and make reading/referencing easy for the reader.

Question 28

How to cite the Constitution

Answer 28

Use chapters, articles, clauses, paragraphs, and sub-paragraphs.

Question 29

How to cite Acts of Parliament

Answer 29

Use parts, sections, subsections, paragraphs. Include short title, Act number, year.

Question 30

Format for citing a monograph

Answer 30

Author, Title, Volume, Publisher, Place, Year, Page. ## Footnote Example: A.N. Allot, New Essays in African Law (Butterworths, London, 1970) p.147

Question 31

Ibid.

Answer 31

Refers to the same source cited in the immediately preceding footnote.

Question 32

Supra

Answer 32

Refers to a source cited earlier (not directly above).

Question 33

Infra

Answer 33

Refers to a source cited later.

Question 34

Op. cit.

Answer 34

Refers to a work already cited but not the last cited source.

Question 35

Loc. cit.

Answer 35

Refers to the same location in the same source already cited.

Question 36

Ethical issues in legal writing

Answer 36

Avoid plagiarism, ensure professionalism, uphold truth, and stay within ethical bounds.

Question 37

Is truth a professional value for lawyers?

Answer 37

Yes. Lawyers are ethically bound to represent facts and laws truthfully despite advocacy roles.

Question 38

Why avoid plagiarism in legal writing?

Answer 38

To maintain academic and professional integrity and avoid legal sanctions.