T1 Intro & Legal Skills

Question 1

What are the 2 main sources of law?

Answer 1

Legislation and case law

Question 2

For RGU course purpose, what is official website for UK legislation?

Answer 2

legislation.gov.uk

Question 3

Most reliable source for reporting?

Answer 3

ICLR

Incorporated Council of Law Reporting

Question 4

What 4 things do most judgments contain?

Answer 4

• Account of facts (as agreed or disputed)
• Legal arguments
• Analysis of current law (as it stands)
• Ratio decidendi (statement of law)

Question 5

What are legal issues?

Answer 5

Legal questions the court has to answer to resolve the case

Question 6

What does the legal term ‘held’ mean?

Answer 6

A summary of what court decided

Note:

• which arguments the court agreed with (factual outcome)
• point of law that is decided

Question 7

What does the legal term ‘distinguished’ mean?

Answer 7

Factually differentiated from a previous case

Question 8

What does the legal term ‘applied’ mean?

Answer 8

When the ratio decidendi from previous case is applied

Question 9

Appeals courts always sit as a panel of judges, known as the bench - true or false?

Answer 9

True

Question 10

What are ‘general pronouncements’ on the law?

Answer 10

When no ratio decidendi or obiter dicta, a higher court can issue a general rule on how courts in the future are to go about deciding a case

Question 11

What is ratio decidendi?

Answer 11

Reason for a decision

Question 12

What is obiter dicta/ dictum?

Answer 12

Remarks of a judge on the law

But not essential to the decision in the case

Question 13

What are primary and secondary sources of the law?

Answer 13

Primary sources - established law

Secondary sources - discuss the law

Question 14

When writing our assignments, what approach can be used to cover all and achieve high marks?

Answer 14

IRAC:

• Issues - what are the legal issues in the problem?
• Rules - what is the law on those issues?
• Application - apply those laws to the issues identified
• Conclusions