LEGAL METHODS

COURSE OUTLINE 2023-28 BATCH (I Semester)

Total 60 Hours

Name of the Faculty: Ms. Soma Battacharjya, Assistant Professor of

Law, DSNLU

Objective of the Course1

The term ‘law’ in broad sense denotes the whole process of government
bodies and personnel (legislatures, courts, administrative tribunals, law-
enforcement agencies and officers, penal and corrective institutions etc.)
through which society is organized and regulated for peace and tranquility.
In this endeavors Law Schools are engaged primarily in training future
lawyers, judges, academicians or working as legal advisors or in corporate
firms, who will not only study the legal rules but understand the entire legal
system for better operation. This assumes importance especially when law
has gone beyond the stage of memorizing flock of rules and decisions, which
is of no use without application. To this regard, Legal Methods is a subject
which lays the foundation of students with the nurturing of application of
legal skills.
Module Topic Teaching Hours
Number
1. INTRODUCTION
2. SOURCES OF LAW
3. LEGAL SYSTEM
4.. LEGAL REASONING, RESEARCH
AND METHODOLOGY

5. MOOTS AND MOCK TRIALS

Modu Topic Teaching hours

le No.
Module 1
INTRODUCTION
13 Hours
Objective: This module familiarizes the students with the conceptual
understanding of Law. It apprises the students with basic nuances of
law and its interdisciplinary aspects.
The entire discussion starts with the debate ‘What is Law’ and the
Legitimacy behind law? The same can be centered on statutes and
1
I express my gratitude to Dr. Dayananda Murthy C.P as the present syllabus is based upon the complete structure
drawn by him.
Judicial pronouncements or it goes beyond it. The role of law shall
be discussed from societal point of view. Its relation with justice,
morality and ethics. Whether law is an instrument of social change
or social changes are instrumental in bringing new reforms in law.
The same shall be deliberated in the class through varied examples.
1.1 What is Law - Kinds of Law (Based 02
on Justice or Control)
1.2 Purpose, Functions and Objects of 01
Law - Advantage and disadvantages
of law
1.3 Law – Morality – Ethics 05
1.4 Concept of Law & Justice – Social,
Economic and political Justice
1.5 Law and Legitimacy 01
1.8 Social issues and its relation with 01
law
Economic issues and its relation
with law
Political issues and its relation with
law
1.9 Law as an instrument of social 01
change and control
1.10 Development of technology - Its 01
impact on the society
Sl . Author Title of the Article and
No. publisher
1. Christopher Enright ‘Summary of Legal
Method’ published in
http://www.legalskills.co
.au/last visited 01.07.16
2. Roscoe Pound ‘What is Law?’ published
in West Virginia Law
Quarterly and the Bar
3. Edward W. Younkins The Purpose of Law and
Constitutions’ published
inthe Summer 1994
issue of Formulations by
the Free Nation
Foundation
4. Arthur Scheller Jr. Law and Morality’
published in Marquette
Law Review, Volume 36,
Issue 3 Winter 1952-
1953
5. H.L.A Hart Positivism and
 Separation of Law and
Morals’ Volume 71
Harvard Law Review
(1958).
6. Lon L. Fuller Positivism and Fidelity
to Law- A Reply to Prof
Hart’ Harvard Law
Review.
7. John H. Farrar and Anthony H. Introduction to Legal
Dugdale, Method, 3rd edition.
( London: Sweet and
Maxwell, 1990)
8. Bronwen Morgan and Karen Yeung, An Introduction to
Law and Regulation:
Text and Materials
(Cambridge:
Cambridge University
Press, 2007)

Module 2
Sources of Law
Objective: The term ‘Sources of Law’ Can be understood in five legal
senses:
i. The immediate practical source of the authority of legal precepts
ii. The authoritative texts which are the basis of juristic and doctrinal
development of the traditional element of a legal system.
iii. The raw materials, as it were, both statutory and traditional, from
which the judges derive the grounds of deciding the cases brought
before them.
iv. The term is used to mean the formulating agencies by which rules
or principles or conceptions are shaped so that legislation and
judicial decision may give them authority.
v. The term is used to mean the literary shapes, as it were, in which
legal precepts are found.
In this wide sense, this module is restricted to Custom, Precedents,
Legislation and Constitution as major Sources of law. The module also
incorporates Sources of International Law as a part of study.
The module, while discussing precedents also incorporate the principles of
stare decisis and the art of finding out ratio decidendi and obiter dicta. The
module will also introduce the students to the case study and case book
method of learning and the art of writing judgment.
While discussing Legislation as a source of law, basic nuances of legislative
drafting and general principles of interpretation is incorporated.
2.0 Sources of Law –
2.1 Custom as a source of law 01
2.2 Precedents 07
Doctrine & Scope of Stare Decisis - Doctrine of
Precedent and Prospective Overruling – per incurim
Finding a Ratio decendi and Obiter Dictum in a case -
Goodhart and Wambaugh’s Method
Judgment Writing
2.3 CASE STUDY AND CASE BOOK LEARNING - SOLVING 03
LEGAL PROBLEMS
Identification and Deciding the Jurisdiction
Significance of the Facts - Identification of material and
immaterial facts – Mastering the Facts
Identifying Issues and analysis (both Criminal and Civil
Matters)
Importance and formulation of Legal Rules –
Application of Law to Facts
Developing an argument on both sides
Importance and identification of available remedies
Identification and application of primary and secondary
authority – Reasoning as to applicability and non-
applicability
Decision & Concluding the case - The Art of Writing
Judgment
2.4 Legislation 04
Interpretation of Statutes – Literal, Golden, Purposive,
Liberal and Strict Interpretation – Mischief Rule –
Primary and Secondary Sources of Interpretation
Legislative drafting
2.5 Constitution 09
Constitutional Law as a Grund Norm - Framing of
Indian Constitution and its significance in enshrining
the principle of welfare State
Significance of the Preamble of the Constitution,
Fundamental Rights & Duties- Concept of Equality,
Liberty, Justice and Fraternity
Constitutionality of the Statutes
Concept of Constitution - Legislature, Executive and
Judiciary – Its Role and Importance
Rule of law – Fundamental of democracy
Independence of Judiciary – Judicial activism and
restraint – Growth of Social Action Litigation/ Public
Interest Litigation
2.6 International Law - Treaties, Charters, and Conventions 01
as source of law
Custom

Essential Reading

1. Roscoe Pound, Sources and Forms of Law, 21 Notre Dame L. Rev. 247
(1946)

2. M.P. Jain, Custom as a Source of Law in India, in FOLK LAW: ESSAYS IN THE
THEORY AND PRACTICE OF LEX NON SCRIPTA (Alison Dundes Renteln & Alan
Dundes eds., 1995), LC Call No. K282 .F65
1995, http://lccn.loc.gov/94000812.

3. Glanville Williams, Learning the Law, 11th ed. (London: Sweet &
Maxwell, 1982)

4. P.J Fitzgerald, Salmond on Jurisprudence, 12th ed., (London: Sweet &

Maxwell, 1966)

Suggested Reading

Articles

1. W.H. Rattigan, Customary Law in India, 10 LAW MAG. & L. REV. 5th
ser. 1 (1884–85), LC Call No.
K12 .A936474, http://lccn.loc.gov/06020524 (available
in HeinOnline).

2. Marc Galanter, The Aborted Restoration of “Indigenous” Law in India,

1 COMP. STUD. IN SOC. & HIST. 53 (1972) (available in JSTOR).
Books

3. FAMILY LAW AND CUSTOMARY LAW IN ASIA – A CONTEMPORARY LEGAL

PERSPECTIVE (David C. Buxbaum ed., 1968), LC Call No. LAW FAR
EAST GEN 7 Buxb 1968, http://lccn.loc.gov/68118048.

4. C. Van Vollenhoven, Aspects of the Controversy on Customary Law

in India, in FOLK LAW: ESSAYS IN THE THEORY AND PRACTICE OF LEX NON
SCRIPTA (Alison Dundes Renteln & Alan Dundes eds., 1995), LC Call
No. K282 .F65 1995, http://lccn.loc.gov/94000812.

Ratio Decidendi
 5. Determining the Ratio Decidendi of a CaseAuthor(s): Arthur L.
GoodhartSource: The Yale Law Journal, Vol. 40, No. 2 (Dec., 1930),
pp. 161-183
6. Lücke, H.K. (1989) "Ratio Decidendi : Adjudicative Rational and
Source of Law," Bond Law Review: Vol. 1: Iss. 1, Article 2. Available
at: http://epublications.bond.edu.au/blr/vol1/iss1/2
7. Wambaugh Eugene, ‘A Selection of Cases on Constitutional Law, Vol.
4’ Forgotten Books

Stare decisis

8. 9. HC Black, ‘ The Principle of Stare Decisis ‘ (1886) Penn Law:

Legal Scholarship Repository
9. https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?
article=4147&context=penn...
10. Burns, Thomas, "The Doctrine of Stare Decisis" (1893).
Historical Theses and Dissertations Collection. Paper 270
11. Gale Nelson, ‘Stare Decisis’Burning Deck; First Edition
edition (January 1, 1991)
12. Saul Brenner, ‘Stare Indecisis’ (Cambridge University Press,
Cambridge, 2010)

Obiter dicta

13. Obiter Dicta, 12 Fordham L. Rev. 89 (1943). Available at:

http://ir.lawnet.fordham.edu/flr/vol12/iss1/6

Precedent
14. Rupert Cross (Author), J. W. Harris (Author), ‘Precedent in
English Law (Clarendon Law Series) ‘Clarendon Press; 4 edition
(13 June 1991)
15. Neil Duxbury, ‘The Nature and Authority of Precedent 1st
Edition Cambridge University Press; 1 edition (3 April 2008)
16. Bryan A. Garner, ‘The Law of Judicial Precedent’

International Law as Sources of Law

Professor Christopher Greenwood, ‘Sources of International Law: An Introduction’

http://legal.un.org/avl/pdf/ls/greenwood_outline.pdf

Constitution as Source of Law

CASE STUDY AND CASE BOOK LEARNING - SOLVING LEGAL PROBLEMS

by Paul Bergman (Author), Patrick Goodman (Author), Thomas

Holm (Author), ‘Cracking the Case Method: Legal Analysis for Law
School Success Annotated edition’ Vandeplas Publishing; Annotated
edition edition (May 16, 2012)

Martha Minow and Todd Rakoff, ‘A Case for Another Case Method’ 60 Vand. L. Rev. 597
(2007)

Module 3
LEGAL SYSTEM
Objective: The module intends to make the students well aware about the
different legal system of the world and the trial procedure adopted by
them. It also encompasses the administration of justice and different role
played by the legal instrumentalities.
3.1 Legal Systems – Common Law and Civil Law System 03
3.2 Administration of Justice - Public and Private Law and 03
Justice Administration - Criminal Justice system – Civil
Justice Administration
3.3 Adversarial and Inquisitorial Justice system 01
Substantive - Procedural and Adjective Law
Hierarchy of Courts
3.4 Legal institutions and processes - Role of Judges, 02
Prosecutors (Criminal Justice System) and Lawyers &
Impact on the society

David Brierley, ‘Major Legal Systems in the World Today’ Carswell Legal
Pubns; 3rd edition (June 1, 1985)

Dr. Claire Grant, Claire Valier, ‘Theories of Crime and Punishment’

Longman, 2002

Aharon Barak, ‘The Judge in a Democracy’ Princeton University Press (April 27, 2008)

MODULE- 4
LEGAL RESEARCH
Objective: Legal Research is an essential component of Law study. This
module starts with the meaning of legal research and emphasizes on its
importance. The module will not only discuss the different techniques of
Socio Legal Research, Citation and Introduction to Law Library but it will
also emphasize on the role of legal reasoning in Legal Research.
4.1 Meaning of Legal Research 03
Objectives of legal research
An Introduction to Legal Reasoning in Legal Research
4.2 Doctrinal and Non Doctrinal/Empirical Research 01
4.3 Types of Legal Research – Descriptive and Exploratory 01
Studies – Explanatory – Analytical and Critical –
Historical and comparative studies
4.4 Selection of a research topic – consideration or factor 01
for selection
4.5 Research Design – Components of the research design: 04
Title of the research - Introduction and nature of the
research problem - Hypothesis or research questions -
Literature review - Objectives of the study -
Methodology - Scope and limitation of the research -
Significance and contribution – Contents/Chapters –
Tables and Bibliography
4.6 Non Doctrinal Research - Data collection – Interview 04
and Questionnaire method – Sampling techniques –
advantages and disadvantages
4.7 Techniques and methods of project & report writing – 01
Analysis
Different techniques of Citation
4.8 INTRODUCTION TO THE LAW LIBRARY

4.9 Using Law Library 01

4.10 Identifying the Primary source of law –
Constitution/Statutes/Judicial Decisions
4.11 Studying Law Reports, Digest and Journals –
Importance of head notes in a judgment and its validity
4.12 Commentaries and its contribution to law learning
4.13 E-sources – Use of Westlaw; Hein online; LexisNexis; 01
Taxmann; Indlaw and Manupatra – Google & Wikipedia
as a source of authority – Articles and Case on
electronic mode.
4.14 Identifying the secondary source of law (utilizing
Foreign Law, Judgments and Articles and its relevance,
significance and applicability to Indian Law. (e.g.
Vishaka v State of Rajasthan – developed by
international law)

Essential Reading

Frederick Schauer Thinking Like a Lawyer – A New Introduction to

Legal Reasoning
Harvard University Press; Reprint edition (3 April 2012)
Anwarul Yaqin (Author), Legal Research and Writing Methods
Lexis Nexis; First edition (2008)

UNIT – 5
MOOTS AND MOCK TRIALS
5 Hours
Objective: This module appraises the students about presenting the case
and preparing written submission and arguing a given case from either side
before the court. Along with moot court, students are also given insight
about the mock trial, Alternative Dispute Resolution Techniques and client
counseling, so that they understand and appreciate the practicality of law.
5.1 Meaning of Moot Court, Mock Trials and Client 01
Counseling and Mock Alternative Dispute Resolution
(ADR) process
5.2 Writing a Memorial – Art of persuasion – 01
communication skills – clarity and understanding -
attire – court room decorum
5.3 Mock trials – understanding the civil and criminal 01
proceedings
5.4 ADR process and its relevance and importance – 01
Negotiation – Mediation – Conciliation and Arbitration
5.5 Client Counseling techniques 01

Essential Reading
John Snape Gary Watt, ‘How to Moot: A Student Guide to
Mooting’ 2nd Edition Oxford University Press; 2 edition (August 23,
2010)
Christopher Kee (Author), ‘The Art of Argument: A Guide to Mooting
(Law in Context S.)’, Cambridge University Press (22 January 2007)
Meghan Spillane, ‘International Moot Court: An Introduction’ Intl Debate
Education Assn (September 15, 2008)
Steven Lubet, Jill R. Koster, ‘Mock Trials: Preparing, Presenting, and
Winning Your Case’ Second Edition (NITA) Wolters Kluwer; 2 edition
(April 26, 2014)
Jenny Chapman, ‘Interviewing and Counselling’ Routledge Cavendish;
2nd New edition edition (24 Oct. 2000)

Whoever kidnaps or abducts any person or keeps a person in detention after such
kidnapping or abduction, and threatens to cause death or hurt to such person, or by his
conduct gives rise to a reasonable apprehension that such person may be put to death
or hurt, or causes hurt or death to such person in order to compel the Government or
any foreign State or international inter-governmental organisation or any other person to
do or abstain from doing any act or to pay a ransom, shall be punishable with death or
imprisonment for life, and shall also be liable to fine.