Legal system

and method
Module Guides:
•Transition of Module Guides to an online format.
 What is LSM
The Legal system and method (LSM) module is an
introduction to the English legal system and describes
the distinctiveness of the common law approach as a
legal methodology.
In many universities it has different titles.

1.It might be called Introduction to Legal System.

2.It might be called Introduction to Law.
3.It might be called How to Study Law.
4. It might be called Legal Reasoning. Of course,

Typically, like our legal system and method course, it would tell you about who the people
are who work in law like judges, barristers, and other lawyers; the personnel of the legal
process. It will also tell you about the legal system. More importantly, it will tell you about
legal method and how law is made. Part of our course focuses on that, how law is made
with cases and statutes. Other parts of it focus on how the judiciary are chosen, how they
are selected, and how they might be selected.
 What is law LAW?
Law is a system of rules established by a governing authority to regulate behavior, maintain
order, resolve disputes, and protect rights and freedoms. These rules are enforceable through
institutions like courts and law enforcement, and they vary by jurisdiction.

Key Purposes of Law:

1.Maintain Order: Prevent chaos by setting standards for acceptable conduct.
2.Protect Rights: Safeguard individual liberties (e.g., free speech, privacy).
3.Resolve Disputes: Provide mechanisms for addressing conflicts (e.g., lawsuits).
4.Promote Justice: Ensure fairness and accountability.
5.Regulate Relationships: Govern interactions between individuals, organizations, and
governments.
 COMMON LAW
Common law - is law developed by judges through their decisions in court. In other words, "judge-made"
law.
Common law is also known as CASE LAW or PRECEDENT.
It is different from a statute, as statutes are passed and adopted through the legislative process (by the
legislative branch).

1.Tort Law: Donoghue v. Stevenson (1932)

1. Issue: Whether a manufacturer owed a duty of care to end consumers.
2. Ruling: The House of Lords ruled that Mrs. Donoghue, who found a snail in her ginger beer, could
sue the manufacturer for negligence.
3. Precedent Established: The "neighbor principle," which states that individuals must take
reasonable care to avoid acts that could foreseeably harm others. This became the foundation of
modern negligence law.
Donoghue v. Stevenson (1932) -
1. Issue: Whether a manufacturer
owed a duty of care to end
consumers.
2. Ruling: The House of Lords ruled
that Mrs. Donoghue, who found a
snail in her ginger beer, could sue
the manufacturer for negligence.
3. Precedent Established: The
"neighbor principle," which states
that individuals must take
reasonable care to avoid acts that
could foreseeably harm others.
This became the foundation of
modern negligence law.
What This
Module
Covers
•Key Focus Areas:
• Specialist Vocabulary: Learn the language of law.
(legal meaning and grammatically meaning )
• Example (instruments in legal meaning…………?

• Essential Skills: Develop abilities like reading legal

cases and interpreting statutes.
• Overview of the Legal System: Understand how legal
institutions and processes work together.
•Example:
• Reading a case summary to identify the main facts,
issues, and judgments.
The Importance of Legal Vocabulary
•Why Vocabulary Matters:
• Helps you communicate clearly in legal contexts.
• Essential for understanding legal texts and
discussions.
•Key Terms & Examples:
• Statute: A written law passed by a legislative body
(e.g., an Act of Parliament).
• Substantive Law: The actual legal rules that govern
rights and obligations (e.g., laws against theft).
• Rule of Law: The principle that all individuals and
institutions are accountable to the law.
Essential Lawyer Skills Introduced

•Skills to Develop:
• Reading Legal Cases: Learn to break down cases into
facts, legal issues, and rulings.
• Interpreting Statutes: Understand the language and
intent behind Acts of Parliament.
•Practical Example:
• Analyzing a simplified case:
• Fact: A dispute over a contract.
• Issue: Was the contract legally binding?
• Decision: The court’s judgment explains why it was
or wasn’t binding.
Understanding the Legal System

•Scope of the Legal System:

• How the law works in practice, not just in theory.
• Focus on resolving disputes peacefully and ensuring
justice.
•Examples:
• Civil Disputes: Resolving disagreements over contracts or
property—think of mediation sessions or arbitration.
• Criminal Justice: Processes for handling offenses like theft
or murder—from detection to trial and punishment.
Comparing Legal Modules

•Contrast with Other Modules:

• Criminal Law & Contract Law:
• Focus on specific legal rules (substantive law).
• This Module (LSM):
• Offers a broad understanding of the legal system’s
"machinery" that makes law work.
•Why This Matters:
• A broad system overview helps you see how detailed legal
rules are applied in real-world settings.
The Role of Law in Society

•Core Concepts:
• Law as a Social Framework: Provides structure and order.
• Rule of Law: Ensures fairness by applying laws equally.
•Real-World Example:
• Consider how a society maintains order:
• All citizens are held accountable under the same laws.
Learning outcomes

Learning outcomes: knowledge

On successful completion of the module students should be able to:
1. Understand the structure and operation of the central institutions and processes of the English legal system;
2. Explain the purpose and basic structure of the civil justice system and the place and value of alternative methods of
dispute resolution (ADR);
3. Explain the purpose and basic structure of the criminal justice system and the tension between the objectives of crime
control and the
protection of civil liberties and human rights;
4. Describe the role and constitutional position of judges and, in particular, the law lords and the Supreme Court;
5. Understand judicial approaches to statutory interpretation and the influence of European law on those approaches;
6. Understand the essential ingredients of the rule of law, and the importance of fairness and justice in social and legal
systems.
Learning outcomes: skills
Students completing this module should be able to:
1. Apply the techniques of legal reasoning covering precedent and statutory interpretation;
2. Identify key issues in a case and summarise points clearly and accurately;
3. Conduct basic legal research tasks using primary and secondary sources;
4. Respond coherently to straightforward questions about the law using legal referencing appropriately;
5. Locate legal sources;
6. Demonstrate understanding of legal terminology;
7. Understand the principles of good academic practice.
Module structure

The module is divided into three parts.

'Part 1: Introduction to law and the legal system' introduces law as a subject. It gives you some
key information about sources of law and
puts the law in its historical and constitutional context.

'Part 2: Legal method' deals with legal method, comprising the operation of judicial precedent and
statutory interpretation in the courts. You
will also start to develop your own legal method skills through learning how to read cases and
statutes, as well as finding and citing sources of
law. These skills will be essential, not just for your study of Legal system and method. but for your
legal studies as a whole.

'Part 3: Legal system' is concerned with the nuts and bolts of the institutions and actors in the
legal system. It covers the structure and
jurisdiction of the courts, the judiciary and the operation of the civil and criminal justice systems.
 Difference between Opened Book and closed Book

- Assessment Changes from April 2025:

1. Closed Book Exams:

•All exams will be closed book from April 2025.
•The time allowed for each exam will be reduced to three hours and 30 minutes.
Part 1
 Assessment/Exams

Part 1 ( Total Numbers 25)

From April 2025, Part One of the LSM assessment will consist of 25 multiple-choice questions
on two previously notified topics from the module. This will replace the existing case note and
questions relating to the seen case.

Two Topics for 25 multiple-choice

1.Sources of Law &

2.Historical and Constitutional Background to the
Common Law
Examples Part-1

1.In England and Wales the supreme law-making body is………………

A. Parliament B. courts

C. European Union law D. European Convention on Human Rights

2. What is the primary purpose of a 'Green Paper' in the legislative process

according to the paragraph?

A) To introduce a finalized draft Bill to Parliament.

B) To set out tentative proposals for changes to the law and invite public
comments.
C) To formally establish the government's firm proposals for new law.
D) To provide the final version of a Bill for parliamentary approval.
To address the question of how to prepare for multiple-choice questions when the study
guide does not include them:

1.The approach should focus on enhancing understanding and concentration in your studies.

2.Instructors will supply multiple-choice questions to facilitate deeper comprehension and better
assist you in your preparation.

3.Regular testing and strategic preparation.

4.Quiz Competition ( one question daily)

Part 2
Part-2
Part Two will remain a choice of two essays but from a choice of six rather than the current
eight questions

1. Sources of Law common law legal system

2. The doctrine of binding judicial precedent (the cornerstone of all legal systems)
3. Judicial Lawmaking ( Do judges make law)
4. Statutory Interpretation
5. Judiciary ( Independence and composition )
6. Civil process and ADR ( Alternative dispute resolution)
7. Jury
The Assessment Criteria for a First Class answer
includes ‘Outstanding presentation, structure and
standard of written communication and the Second
Class (Upper Division) criteria identifies ‘Good
quality of presentation, structure and standard of
written communication’.
Preparing for "Part 2": A Professional Approach

1. Cultivate your critical and analytical thinking skills.

2. Understand the Subject Matter: Ensure you thoroughly comprehend the topic.
2. Comprehend and Retain Content: Understand and memorize each paragraph.
3. Develop Structured Responses: Practice drafting clear and organized answers.
4. Utilize Provided Notes and Questions: Use supplementary materials to aid your understanding.
5. Implement Strategic Headings: Use headings to aid in learning and retention.
6. Engage in Mock Tests: Participate in mock exams for ongoing assessment and preparation.
Part 3
Part-3
Part Three will be unchanged. Where there are changes to the assessment format students will be
provided with guidance and examples in the online modules on the VLE.

Permitted materials
None. The statute relating to Part Three of the exam paper is provided as part of the examination paper.

Part Three will test your understanding on a statute. The name of the statute for 2024/25 is Anti-social
Behaviour, Crime and Policing Act 2014. A clean copy will also be provided in the examination. You should
be familiar only with this modified version of the Act.
Part-3
Part C holds the same importance as Part A due to its predetermined nature. Examiners assess
whether a student can comprehend statutes and accurately interpret any given Act or statute.

Rather than providing the entire statute during exams, you will be given a scenario or situation to
solve with the statute in mind. It is crucial to read and understand thoroughly, memorization is not
necessary.
Common errors Many candidates failed to cite the Act
precisely. Additionally, many candidates copied out sections of
When crafting your answers: the Act into their answers; this is time consuming and
unnecessary.

1. Identify and reference the relevant sections.

2. Ensure your response appropriately relates to the scenario and demonstrates your own critical
analysis.
Example
 Firearms Act 1968,

In R v Bentham in 2005, the House of Lords had to decide

on the meaning of the words in section 17(2) of the Firearms Act 1968, under which the defendant
in the case had been charged with having “in his possession a firearm or imitation firearm”. What
was the exact scope of the offence, given those words? The facts were that the defendant had put
his hands inside his jacket and, forcing out the material to give the appearance of a gun, had
pointed his fingers at the victim and demanded money, threatening to shoot if the victim did not
comply. Do you think that the defendant, on these facts, could be charged with having an imitation
firearm in his possession?

Under the statute Firearms Act 1968,, determine whether Alex is guilty of theft?
section 17(2) of the Firearms Act 1968, (2)If a
person, at the time of his committing or being arrested
for an offence specified in Schedule 1 to this Act, has in
his possession a firearm or imitation firearm, he shall
be guilty of an offence under this subsection unless he
shows that he had it in his possession for a lawful
object.
Decision
The reasoning of the House of Lords was that
since a person’s hand or fingers were not a
separate thing, but were part of himself, he
could not possess them, and therefore the
defendant could not have been in possession of
an imitation firearm.