20. Negotiation skills

This chapter provides an introduction to the skills needed to prepare for and conduct an effective negotiation, including the research process and different negotiation styles. It also considers the problems that can arise during negotiation and outlines a range of strategies that can be used to overcome them. In essence, it is a step-by-step introduction for those with no previous negotiation experience as well as a source of advice for the more experienced negotiator. A range of examples is used to demonstrate the skills involved in negotiation.

18. Presentation skills

This chapter draws upon some of the material covered in previous sections of the book that focused upon helping students locate and understand the law in order to prepare and deliver an effective oral presentation. It starts by outlining some guidelines on preparing a presentation, including selecting an appropriate topic and making decisions about the use of supplementary materials such as handouts or PowerPoint slides. It then considers issues relating to the delivery of the presentation, including matters such as timing, combating nerves, and engaging the interest of the audience.

7. Using cases

This chapter explains how to use cases. It first looks at the ‘anatomy’ of a law report, before considering the means by which the key legal principles can be extracted from the case. Once the legal principles are known it considers the extent to which those principles are binding on other courts via the doctrine of judicial precedent. Finally, it examines the impact of both the Human Rights Act 1998 and EU law on the operation of precedent.

5. Case law

Case law can be broken down into common law, equity, and custom. This chapter begins with a discussion of common law and equity, including a brief history on how these sources came into being. It then turns to custom as a further source of law. It also provides an overview of the court system to illustrate how the various courts in the system link together in a hierarchy. It concludes with a discussion of the European Court of Human Rights and the impact of the Human Rights Act 1998 on case law.

2. Legislation

This chapter first considers the process by which Acts of Parliament come into being. It then turns to delegated legislation—that is, law that is made by other bodies under Parliament’s authority. Next, it looks at EU legislation, which had an increasingly significant effect from the time that the UK joined the European Economic Community in 1973. It explains the various institutions of the EU and their role in the law-making process; the different types of EU legislation; and the circumstances in which individuals may use them in domestic courts, pre-Brexit. Finally, the chapter discusses the impact of the European Convention on Human Rights and the Human Rights Act 1998.

1. Getting started

This chapter is aimed at getting you started in your legal studies. It addresses some of the questions and concerns that students have about studying law and starting at university. It explains something of the nature of the law and how it impacts on society before moving on to look at some of the practicalities involved in studying law as it considers how the degree is structured and how teaching and assessment will work.

19. Mooting skills

This chapter provides a step-by-step guide to assist students through the process of preparing and delivering a moot argument with reference made to associated issues, such as conducting legal research and production of a skeleton argument. It highlights the aspects of mooting that students often find worrying or difficult, such as formulating a flowing argument, developing a confident oral presentation style, and dealing with judicial interventions. The chapter is a general guide that will be invaluable for preparation of any moot but a sample moot is used throughout as a source of specific explanation and illustration.

16. Revision and examination skills

This chapter provides a selection of practical tips on formulating an effective revision strategy from planning and organization through to a series of practical tasks that can be undertaken alone or in groups. The overall aim is to provide some insight into the various ways that revision can be made more variable, engaging, and effective. The discussions cover how to prepare for revisions; reviewing each subject; revision strategies; and issues related to exams.

15. Answering problem questions

This chapter focuses on the skills needed to use the law to answer a problem question. It guides students through the process of analysing a scenario in order to identify the relevant issues to ensure that their answers are comprehensive and do not miss any important points. It outlines strategies to ensure that the law is applied effectively and that good use is made of supporting authorities.

13. Referencing and avoiding plagiarism

This chapter focuses on referencing and avoiding plagiarism. These skills are of critical importance to law students since their academic work will inevitably require them to read, critically consider, and evaluate the work of others. However, they must ensure that they carefully and meticulously distinguish their own work, ideas, and arguments from those of the authors or judges encountered during their research. This is done by providing thorough references to the sources used in their work; failure to do so may lead to accusations of plagiarism. The chapter first explains the meaning of plagiarism in more detail and then discusses OSCOLA, the most frequently encountered referencing system in academic law.