(1) Stage 1: correct analysis of the constituent parts of the problem question (a) Identify the FACTS given—place on a tree diagram. (b) Identify the primary and secondary LEGAL ISSUES raised by the facts, available defences and doubts in the law. Place on a tree diagram of the issues. List the issues under the facts. (c) Consider the LAW THAT MAY APPLY (eg, legislation or common law and/ or European Community law). The sources of law to be drawn on will vary according to the particular subject. Quickly list these under the issues on the tree diagram. (2) Stage 2: Begin to work on discrete aspects of the problem question (a) Decide the order in which issues will be raised in your answer. (b) Consider your view of uncertainties and gaps in the law in the area. (c) Consider issues of interpretation and defence. A doubt about the interpretation of the law is not a defence, it is a doubt about the law. Make sure you do not make this mistake, as they require a different approach. (3) Stage 3: Decide your view of the outcome of the specific questions asked in the problem question The facts in a problem question can give rise to many issues but all of these may not be necessary to resolve the specific question(s) set in your problem. Problem questions tend to ask you to do two main things: (a) Discuss the issues raised in the problem scenario. OR (b) Advise one of the parties. Both types of problem question require the same knowledge to successfully answer them. However, your approach will be different. (In fact essay questions can be drawn from the same knowledge but also require a different approach.) • In those drafted in response to a question in the style of (a) you raise all issues without privileging one party. • In those drafted in response to a type (b) question you raise all issues but orientate to your argument to the effect of those issues on the party you are asked to advise. This includes discussing in detail the likely chances of the other party being the successful party. 8.5.3 Demonstration: beginning to answer a specific problem question The key to successfully answering a problem question lies in spotting the ‘clues’ to the issues to be discussed. Many of these are purely linguistic. We will look at one particular problem, Problem Question 4, above, applying the stages outlined above.

2012 ◽  
pp. 274-274
Keyword(s):  
European Community ◽  
Common Law ◽  
Legal Issues ◽  
The Other ◽  
Type B ◽  
Community Law ◽  
Correct Analysis ◽  
Tree Diagram ◽  
The Law ◽  
Stage 1

(1) Stage 1: correct analysis of the constituent parts of the problem question (a) Identify the FACTS given—place on a tree diagram. (b) Identify the primary and secondary LEGAL ISSUES raised by the facts, available defences and doubts in the law. Place on a tree diagram of the issues. List the issues under the facts. (c) Consider the LAW THAT MAY APPLY. The first task is to read the question and determine the topic. The problem chosen is contract. In an examination the speed with which a problem question is narrowed to a topic and then to issues within that topic can be of exceptional importance since time is of the essence. (Part of the technique is having engaged in consistent study techniques so you are up to date in your course study and your revision if an examination is involved.) You should have a clear idea of the areas of doubt where currently the law is unclear, as often this is the area in which problem questions will be located. The first stage of analysis involves a combination of linguistic ability and legal knowledge. The problem question can be underlined and issues drawn out in a very simple first reading. This combination is demonstrated in Figure 8.2, below. The words that are the clues to the legal issues are boxed and arrows leading from these words begin to discuss the legal issues raised. There are two things to note in a problem question like this one that comes with two labelled parts (a) and (b). You must answer both parts unless instructed clearly that candidates are to answer either (a) or (b). Many students can fall here and assume there is a choice. Do not exercise a choice unless this is clearly given otherwise you could lose half of the marks going for the problem question. As can be seen a lot has been done to interrogate the question and divide it into its parts. It is important to break the question down into its constituent issues, so that the context of (a) and (b) can be appreciated. (2) Stage 2: begin to work on discrete aspects of the problem question What should also be apparent is that you need to have a view as to whether a contract has been concluded between Cedric and Dorothy, and if so when, before (a) or (b) can be answered. The issues to be considered can also be set out as a narrative. These are: (1) What is the effect of Cedric writing to Dorothy to offer to sell the coin? (2) What is the effect of Dorothy’s letter? (3) What is the effect of Cedric’s two suggested responses: (a) that he ignored Dorothy’s letter; (b) that he put a sticker on it saying sold but Dorothy did not collect it? It should by now be apparent it was not the first time that the issue revolved around whether there has in fact been a contract concluded. The answer to this is dependent upon whether an offer and an acceptance can be located, and if so where they stand.

2012 ◽  
pp. 275-275
Keyword(s):  
Legal Issues ◽  
Legal Knowledge ◽  
Correct Analysis ◽  
Linguistic Ability ◽  
Tree Diagram ◽  
The Law ◽  
Study Techniques ◽  
Clear Idea ◽  
Stage 1 ◽  
First Time

Part I Introduction, 1 The Nature of Termination

2020 ◽  
Author(s):  
Stannard John E ◽  
Capper David
Keyword(s):  
Common Law ◽  
The Other ◽  
Breach Of Contract ◽  
Close Relationship ◽  
The Law ◽  
The Right ◽  
The Relationship ◽  
Right To Refuse

This chapter discusses the nature of termination for breach. Termination for breach can be seen both as a process and as a remedy. Traditionally, the topic has been dealt with under the broader umbrella of ‘discharge’, alongside such topics as performance, frustration, and agreement. Problems arise, however, when the notion of discharge is pressed too far; in particular, the idea of the contract ‘coming to an end’ can be a misleading one, and has given rise to various errors and misconceptions. For this and other reasons, more emphasis is now given to termination in the context of remedies. Termination can be one of the most useful weapons in the armoury for the victim of a breach of contract, not least because, unlike many other remedies, it does not require recourse to the courts. However, this notion of termination as a remedy should not obscure the close relationship between termination and the other modes of discharge, most notably frustration. The chapter then looks at the problems in this area of the law, including problems of terminology, the different ways in which common law and equity have approached the question, and the relationship between discharge and damages. It also considers the most important aspects of the right to terminate, including the right to refuse performance.

Product Safety Warnings: A Legal Review

1985 ◽  
Vol 4 (1) ◽  
pp. 80-90 ◽  
Author(s):  
Michael Ursic
Keyword(s):  
Common Law ◽  
Empirical Work ◽  
Product Liability ◽  
Product Safety ◽  
Legal Issues ◽  
Consumer Product ◽  
Comprehensive Review ◽  
Consumer Product Safety ◽  
The Common ◽  
The Law

It is imperative that businessmen understand the law concerning consumer product safety warnings if they are to minimize their losses in product liability suits; yet the legal issues in this area are often vague and complex. This paper will attempt to clarify these issues by providing a comprehensive review of the statutory and common law requirements concerning safety warnings. In addition, both the existing and the needed empirical work which could aid businessmen in complying with the common law will be delineated.

Part VI The Law of Property, 30 Immovables

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
European Union ◽  
Common Law ◽  
Legal Issues ◽  
Choice Of Law ◽  
Foreign Land ◽  
The Law

This chapter examines the choice of law rules governing immovables. There are a range of circumstances in which the English courts may have jurisdiction (either under common law or European Union rules) over cases which require the determination of legal issues relating to foreign immovable property. These include cases where the question of title arises incidentally in a personal claim against a defendant, or in the administration of a trust, will or divorce over which the English courts have jurisdiction, or in the context of a claim for trespass over foreign land. This chapter first considers the law of the situs rule before discussing specific issues relating to choice of the law applicable to immovables, focusing in particular on the capacity to take and transfer immovables, formalities of alienation, essential validity of transfers, and contracts.

Suicide in Depressed Patients: Medico-legal Issues

1993 ◽  
Vol 163 (S20) ◽  
pp. 29-32 ◽  
Author(s):  
R. J. Daly
Keyword(s):  
Law And Economics ◽  
Legal Issues ◽  
The Other ◽  
Depressed Patients ◽  
The Law

In psychiatry, the law, and economics, there are many areas of overlap where our knowledge and appreciation are growing and developing. Many doctors ‘understand the words but not the music’, and the same is true for the other professions involved. This is exemplified in relation to suicide.

scholarly journals Self-Defence against Non-state Actors: The Interaction between Self-Defence as a Primary Rule and Self-Defence as a Secondary Rule

2016 ◽  
Vol 29 (3) ◽  
pp. 801-825 ◽  
Author(s):  
NICHOLAS TSAGOURIAS
Keyword(s):  
Legal Issues ◽  
The Self ◽  
The Other ◽  
Security Threat ◽  
Alternative Framework ◽  
Primary Rule ◽  
State Actors ◽  
The Law ◽  
Secondary Rule ◽  
Self Defence

AbstractThis article examines the law of self-defence as applied to non-state attacks in light of the coalition air strikes against ISIL in Syria. It critiques the two current interpretations of the law of self-defence – one based on attribution and the other on the ‘unable or unwilling’ test – for failing to address adequately the security threat posed by non-state actors or for not addressing convincingly the legal issues arising from the fact that the self-defence action unfolds on the territory of another state. For this reason, it proposes an alternative framework which combines the primary rule of self-defence to justify the use of defensive force against non-state actors, with the secondary rule of self-defence to excuse the incidental breach of the territorial state's sovereignty.

The Last Forty Years of the Irish Bar

1929 ◽  
Vol 3 (3) ◽  
pp. 365-375
Author(s):  
Serjeant A. M. Sullivan
Keyword(s):  
Common Sense ◽  
Common Law ◽  
Good Deal ◽  
The Other ◽  
Old Order ◽  
Other Hand ◽  
The Law ◽  
Law Courts ◽  
Court Of Chancery ◽  
The Doors

Forty years ago in my old country the legal world was in a state of transition. The old order was changing in a great number of ways. The Judicature Act had just got into swing and although four Courts still opened in the hall beside the Liffey they were soon to be fused into one. These were at that time the Court of Chancery, the Court of Queen's Bench, the Court of Exchequer, and the Court of Common Pleas, and the doors of these four opened on the Central Hall and their names stood over them. The Court of Chancery stood by itself, but it was thought in those days that you had your choice of three Common Law Courts in which to have your case tried. If you had some merit on your side but thought that the law was against you, you issued your writ in the Queen's Bench, which was presided over by Mickey Morris, as he was invariably called although he was a lord, because Mickey had a good deal of common sense, a great deal of humanity, but his ideas of jurisprudence were peculiarly his own. On the other hand, if you were strongly of opinion that however iniquitous your client was, he had the law on his side, you issued your writ in the Court of Exchequer, presided over by Christopher Palles, the greatest judge before whom I have ever appeared. Christopher Palles decided according to what he believed to be the law, and would pay no attention to any other consideration that might be advanced before him.

Of the three main areas of the law of contract identified in Figure 4.11, above: (1) making it; (2) living it (keeping it); (3) ending it, the case under consideration concerns ‘ending it’, and of the various ways noted, it concerns ending it by breaking it due to a wrongful act. In other words, it is concerned with what should happen under the contract to compensate the claimant. (The claimant is the person or company complaining and bringing a case in the civil courts.) Usually, contracts contain provisions that lay down the compensation payable to one party if the other party breaks the contract by not doing what he or she says will be done. The contract in George Mitchell (Chesterhall) Ltd v Finney Lock Seeds is no exception. However, to ascertain properly what the main issues are in the case it has to be broken into with some determination. This case has been specifically chosen for several reasons: • it is short; • there is only one main, agreed judgment by Lord Bridge; • the issues discussed are highly complex; • the case involves consideration of both common law rules and statutory rules operating side by side; • it links into the work already discussed in Chapter 3; • it links into Chapter 6. 4.5.2.2 Stage 1: the basic reading Any student successfully breaking into this case and comprehending the methodology will be able to use methodology to break into other cases. The case study requires the reader’s active engagement and asks for certain tasks to be carried out. It is divided into four stages. Stage 1 involves skim reading, stage 2 involves checking the skim reading and making a first note of Lord Bridge’s judgment, stage 3 spends time considering the issues in the case, stage 4 is concerned with a paragraph by paragraph summary of the judgment of Lord Bridge. This stage also involves a ‘statutory diversion’ looking at the statutory references brought up in the case. The final section of this chapter discusses case noting and uses George Mitchell as the case to be noted. (1) Turn to Appendix 1. (2) Read the case of George Mitchell (Chesterhall) Ltd v Finney Lock Seeds as quickly as you can. If this takes you more than 60 minutes you need to work on your reading strategies generally. (3) As you read, note how paragraphs begin and end, as these are often indicators of the progression of discussion or argument. (4) Carefully register differences in language as you move from the information packed first pages through to the different judgments. • Be aware of the use of any technical language. • Look up non-technical words you do not understand in a good dictionary.

2012 ◽  
pp. 94-94
Keyword(s):  
Reading Strategies ◽  
Final Section ◽  
Common Law ◽  
The Other ◽  
Active Engagement ◽  
Stage 4 ◽  
Operating Side ◽  
Stage 1 ◽  
Civil Courts
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