Foundation in Law students’ reading awareness of the case law genre

Background: A text of different genre might pose a different problem to students and different genre requires different approach in understanding and comprehending it. Developing the expertise in reading legal texts at an early stage of learning will be very beneficial to the students of law. This study examines the level of pre-university/foundation in law students’ awareness for the case law genre, and the aim of this study is to investigate the extent of awareness of the case law genre among the foundation in law students. Methods: Five students who were pursuing their study in the foundation/pre-university level were selected as the subjects in this study. Qualitative data were obtained through the think-aloud procedure and questionnaire which was administered after the think-aloud procedure. The transcription of each student’s verbal reports was scrutinised for evidence of genre awareness while the answers given in the questionnaire were used to support the findings of the study. Genre analysis of 4-Move structure was used to identify the students’ level of awareness. Results: The findings indicate that the students were aware of the case law genre. However, they displayed a mixed-level of awareness. Conclusion: It is hoped that this study can provide some insights into the reading behaviour of law students especially when reading case law. Knowing and understanding the case law structure is integral for law students, and analysing students understanding of reading case law can help both the students and English for Academic Purposes (EAP) educators.

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The Principle of Directive-Compliant Development of the Law and the Contra Legem Limit

European Review of Contract Law ◽

10.1515/ercl-2020-0026 ◽

2020 ◽

Vol 16 (4) ◽

pp. 465-488

Author(s):

Thomas M.J. Möllers

Keyword(s):

Case Law ◽

Third Party ◽

Broad Term ◽

Legal Texts ◽

Classical Methodology ◽

The Law ◽

Legal Methodology ◽

The Relationship ◽

Further Development ◽

Domestic Law

AbstractThe Europeanisation of domestic law calls for a classical methodology to ‘update’ the established traditions of the law. The relationship between European directives and national law is difficult, since directives do apply, but European legal texts need to be implemented into national law. Whilst directives are not binding on private individuals, there is no direct third-party effect, but only an ‘indirect effect’. This effect is influenced by the stipulations of the ECJ, but is ultimately determined in accordance with methodical principles of national law. The ECJ uses a broad term of interpretation of the law. In contrast, in German and Austrian legal methodology the wording of a provision defines the dividing line between interpretation and further development of the law. The article reveals how legal scholars and the case-law have gradually shown in recent decades a greater willingness to shift from a narrow, traditional boundary of permissible development of the law to a modern line of case-law regarding the boundary of directive-compliant, permissible development of the law.

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The domain expert perspective: A qualitative study into the views expressed in a standard-setting exercise on a language for specific purposes (LSP) test for health professionals

Language Testing ◽

10.1177/02655322211010737 ◽

2021 ◽

pp. 026553222110107

Author(s):

Simon Davidson

Keyword(s):

Qualitative Data ◽

Proficiency Test ◽

Standard Setting ◽

Domain Expert ◽

Verbal Reports ◽

Domain Experts ◽

Language For Specific Purposes ◽

Setting Process ◽

Test Criteria ◽

Textual Features

This paper investigates what matters to medical domain experts when setting standards on a language for specific purposes (LSP) English proficiency test: the Occupational English Test’s (OET) writing sub-test. The study explores what standard-setting participants value when making performance judgements about test candidates’ writing responses, and the extent to which their decisions are language-based and align with the OET writing sub-test criteria. Qualitative data is a relatively under-utilized component of standard setting and this type of commentary was garnered to gain a better understanding of the basis for performance decisions. Eighteen doctors were recruited for standard-setting workshops. To gain further insight, verbal reports in the form of a think-aloud protocol (TAP) were employed with five of the 18 participants. The doctors’ comments were thematically coded and the analysis showed that participants’ standard-setting judgements often aligned with the OET writing sub-test criteria. An overarching theme, ‘Audience Recognition’, was also identified as valuable to participants. A minority of decisions were swayed by features outside the OET’s communicative construct (e.g., clinical competency). Yet, overall, findings indicated that domain experts were undeniably focused on textual features associated with what the test is designed to assess and their views were vitally important in the standard-setting process.

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Exploring entrepreneurial-group formation by smallholder Burundian farmers

Journal of Agribusiness in Developing and Emerging Economies ◽

10.1108/jadee-12-2018-0181 ◽

2019 ◽

Vol 10 (1) ◽

pp. 85-102

Author(s):

Bélyse Mupfasoni ◽

Aad Kessler ◽

Thomas Lans ◽

Rama Lionel Ngenzebuke

Keyword(s):

Group Dynamics ◽

Qualitative Data ◽

Early Stage ◽

Group Formation ◽

Top Management Teams ◽

Group Discussions ◽

Content Type ◽

Internal States ◽

Farmer Groups

Purpose The purpose of this paper is to analyze the role of specific internal states (i.e. the set of sustainable values and motivations) that underlie group formation and joint business idea identification of farmer groups in the context of Burundi. Design/methodology/approach Quantitative and qualitative data were combined in this study. Quantitative data were analyzed using basic statistics. Qualitative data were collected in focus group discussions with farmer groups. Findings Findings revealed that groups are not just formed on the basis of homophily (same level of internal states) but also on “compensation” and “committed leadership.” Moreover, prior sustainable behavior of members influences sustainability of new group business ideas and the nature (e.g. focus on farming) of that business idea. Research limitations/implications As this study was done at an early stage of group formation and does not include group dynamics over a longer period of time, further monitoring of the groups is needed to examine if the observed motivation persists. Originality/value Although there is a vast amount of literature on entrepreneurial and top management teams, literature on the (early) mechanisms of entrepreneurial group formation in an emerging economy and rural context is relatively scarce.

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The Reception Process in Austria and Switzerland

A Europe of Rights ◽

10.1093/acprof:oso/9780199535262.003.0006 ◽

2008 ◽

Author(s):

Daniela Thurnherr

Keyword(s):

Human Rights ◽

Early Stage ◽

Case Law ◽

Legal Order ◽

The Other ◽

Council Of Europe ◽

Starting Position ◽

European Court ◽

The Status ◽

The Common

This chapter discusses the reception of the ECHR in Austria and Switzerland. Topics covered include the accession and ratification of the ECHR in both countries, the status of the ECHR in national law, an overview of the activity of the European Court of Human Rights, and the ECtHR's case law and its effects on the national legal order. Although both countries joined the ECHR at a relatively early stage, this starting position led to different outcomes. The main reason is because the common denominators of neutrality and federalism in these two countries are actually rather small: as Austria follows a very different concept of neutrality, it did not face any (political) difficulties before and during the ratification process. Switzerland, on the other hand, was very reluctant to join the Council of Europe and careful to avoid any concessions with regard to neutrality.

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The Right to Silence

New Criminal Law Review An International and Interdisciplinary Journal ◽

10.1525/nclr.2013.16.4.527 ◽

2013 ◽

Vol 16 (4) ◽

pp. 527-567

Author(s):

Anthony Gray

Keyword(s):

Human Rights ◽

Due Process ◽

Home Country ◽

Early Stage ◽

Case Law ◽

Bill Of Rights ◽

The United Kingdom ◽

Right To Silence ◽

The Right ◽

Current Proposal

In recent years, we have seen continued erosion of an individual’s right to silence. The most recent attempts in the author’s home country, Australia, include a current proposal to adopt the United Kingdom approach, and allow inferences to be drawn from a failure to answer questions at an early stage of investigation, in circumstances where later the person does provide an explanation. An attempt to protect the right to silence in Australia at constitutional level is challenging, because Australia is one of the few Western nations that has not seen fit to enact an express bill of rights. This article will consider whether arguments might be made that, at least in some contexts, infringement of the right to silence is, nevertheless, contrary to the requirements of the Australian Constitution. Courts in other countries around the world have also recognized the right to silence in some circumstances where legislatures have attempted to limit it, and these will be considered in the Australian context, acknowledging appropriate contextual differences. Many countries are faced with the difficulty of reconciling fundamental due process principles with the need for effective investigatory powers sufficient to deal with evolving criminal threats. It will be instructive to consider how a successful balance has been accommodated in a range of jurisdictions. It is believed that the law of the author’s home country could be greatly enriched by engaging with North American and European case law, as this article will seek to demonstrate. The article is considered to be of interest to those outside of Australia, to understand the difficulties in protecting fundamental human rights when an express bill of rights does not exist in the relevant country, and to consider how other ways may be found to protect such rights. In this way, this article will use Australia as the example of a country without an express bill of rights, and will consider how, in that context, fundamental human rights can practically be protected by the courts. The conclusions are considered relevant to a range of nations. Specific examples include Singapore and Malaysia, and to a lesser extent India, as will be explained.

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Outcomes of Homework on Facebook: A Case Study from an English for Academic Purposes Course

International Journal of Information and Education Technology ◽

10.18178/ijiet.2021.11.7.1530 ◽

2021 ◽

Vol 11 (7) ◽

pp. 324-331

Author(s):

Juraj Datko ◽

Keyword(s):

University Students ◽

Qualitative Data ◽

Statistical Data ◽

English For Academic Purposes ◽

Study Group ◽

Time Space

The paper aims to find out the outcomes of homework and bonus activities on Facebook through three categories, namely “participation”, “preference”, and “convenience”. University students (N=34) participated in this research which was conducted in the “English for Academic Purposes 1” course taught by the author. The case study uses statistical data from our Facebook study group and qualitative data from student diaries. The results indicate a moderate-to-high students’ participation in Facebook assignments and that participation in these activities is influenced by reward, effort, study environment, and workload from other subjects. The findings also show that students prefer collaborative tasks. Furthermore, Facebook homework is viewed as more convenient than traditional paper-based homework due to time-space independence, familiarity of the platform, and the ability to save time.

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THE ANALYSIS OF BRAINSTORMING STRATEGY ON TEACHING WRITING IN THE UNIVERSITY LEVEL

J-ELLiT (Journal of English Language, Literature, and Teaching) ◽

10.17977/um046v2i2p6-10 ◽

2018 ◽

Vol 2 (2) ◽

pp. 6

Author(s):

Elia Puspitasari ◽

Titik Lina Widyaningsih

Keyword(s):

Short Story ◽

Qualitative Methodology ◽

Qualitative Data ◽

Teaching Writing ◽

Writing Assignments ◽

Writing Class ◽

University Level ◽

Teaching Learning ◽

The University ◽

Academic Year

This research was aimed to analyze a brainstorming strategy on teaching writing, especially in writing a short story for the second-semester students of the English Department in (STKIP) PGRI Tulungagung in the academic year 2017/2018. This research was conducted using qualitative methodology. The researcher observed and analyzed the writing class where the lecturer was applying a brainstorming strategy. Qualitative data had been collected from observation of the teaching-learning process, interview with the lecturer and the students, and also questionnaire given to twenty students in that class. The data was in the form of observation, interview transcripts, and the results of the questionnaire. In this research, the researcher involved twenty participants to fill the questionnaire. There were six students from those twenty students and the lecturer who were involved in the process of interview. The result of the research showed that implementing a brainstorming strategy in writing class could improve student's skills in writing, especially writing a short story. The brainstorming strategy helped students to generate their ideas and express the ideas into a systematic paragraph. The students also felt that this strategy could improve their writing. When the lecturer applied a brainstorming strategy, the students could do their writing assignments better and also got good results. Thus, the researcher suggested that the lecturer and the students to apply a brainstorming strategy in ordered that the students’ writing skills could be improved.

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