(Established under the Presidency University Act, 2013 of the Karnataka Act 41 of 2013)

ACA-2[2019] COURSE HAND OUT

SCHOOL: LAW DEPT: School of Law DATE OF ISSUE: 22nd July 2020
NAME OF THE PROGRAM: BBALLB/BALLB/BCOMLLB (Hons.)
P.R.C. APPROVAL REF.: PU/AC-11/15/06_2019
SEMESTER/YEAR: I Sem / 1st Year
COURSE TITLE & CODE: Legal Method and Legal Reasoning & LAW101
COURSE CREDIT STRUCTURE: 4-0-0-4
CONTACT HOURS:
COURSE INSTRUCTOR: Mula Sneha Goud; Co-Faculty: Prof. Aravindan, Prof. Amlanika Bora

1. PROGRAM OUTCOMES:

PO-1 Ability to apply the fundamental concept of Humanities, Commerce and Management to legal
problems
PO-2 Ability to develop critical thinking skill
PO-3 Ability to identify, analyze and solve legal problem with professional ethics and integrity
PO-4 Ability to conduct dispute resolution with professional ethics and integrity
PO-5 Ability to draft professional legal writing along with effective oral communication
PO-6 Ability to apply legal theory to factual settings
PO- 7 Ability to apply legal theory to engage in legal argumentation
PO-8 Ability to conduct independent legal research specific to the case
PO- 9 Ability to conduct client services with necessary usage of technological tools
PO-10 Recognition of the need for engaging in lifelong learning
PO-11 Exhibit social responsibility adhering to ethical and moral values
PO -12 Ability to adapt knowledge of contemporary issues
PO- 13 Ability to function in multidisciplinary team
 2. COURSE PREREQUISITES:
Students are expected to meet the core participation requirements for the course outlines. Should possess
knowledge on contemporary issues and be willing to indulge in debates.

3. COURSE DESCRIPTION:
This course is the window to see the law and it is the beginning of law students’ transformation into
lawyers. The Course will cover the elements of legal analysis and reasoning. The course will familiarize
students with theoretical debates on the nature of law and will acquaint them with their real world
consequences. It will equip students to gain a basic understanding of the legal system, the institutions, the
nature of legal rules, the technique of legal and logical reasoning and analysis. The course focuses on
orientation of students to legal studies from the point of view of basic concepts of law and legal systems.
The character and content of legal knowledge are explained to the students in a systematic manner.
Familiarity with the sources of law and with legal materials. This course also deals with legal and judicial
process, art of analyzing the judgments. Moreover, it also deals with the techniques and ideas of legal
research which also includes the use and importance of citations, etc.

4. COURSE OUTCOMES:
On successful completion of the course the students shall be able to:
1. Understand the core elements of legal methods and reasoning.
2. Discuss the underlying importance of source of laws.
3. Distinguish between the major kinds of law, legal systems and institutions.
4. Demonstrate an ability to engage in debates about the ways in which legal reasoning operates.
5. Apply basic techniques of research, legal and logical reasoning.

5. MAPPING OF C.O. WITH P.O. [H-HIGH, M- MODERATE, L-LOW]

C.O.N0. P.O - 02 P.O - 03 P.O - 4 P.O - 6 P.O - 7 P.O - 8 P.O - 10 P.O - 11 P.O - 12

CO1 H M L H M M L M M

CO2 L L M M

CO3 H M L
 CO4 H H M M L L H M

CO5 H H M L M M L

6. COURSE CONTENT (SYLLABUS):

MODULE I: Introduction of Law and Its Scope CO1 Comprehensive 10

Hours
Definition of Law
Functions of Law
Law, Justice and Morality
Kinds of Law
Classification of Law

MODULE II: Sources of Law CO2 Knowledge 7 Hours

Custom
Precedent
Legislation

MODULE III: Introduction to Indian Legal System CO3 Comprehensive 10

Hours

Major Legal Systems

Common Law Foundation - Judicial System in India.
Introduction to Civil & Criminal Administration of Justice.
Hierarchy of Court.
Alternate Dispute Resolution through Arbitrators.
Quasi-Judicial Body - Tribunals

MODULE IV: Legal Reasoning and Methods of Law Making CO4 Application 10
Hours

Meaning of Legal Reasoning

Basic concept of Logic and Legal Reasoning – Propositions, Arguments, Explanations,
Paraphrasing.
Deductive Reasoning and Inductive Reasoning.
Doctrine of Stare Decisis
Ratio Decidendi and Obiter Dictum
Law making through Judicial Decisions
Interpretation of Statutes

MODULE V: Legal Writing and Legal Research CO4 Application 10 Hours

Legal Materials: Statutes, Reports, Journals, Manuals, Bills, Act, Case.

Case Analysis and Preparation of Briefs.
Techniques of Legal Research
Citation and Bibliography

7. DELIVERY PROCEDURE (PEDAGOGY):

The teaching method for course will include lecture and discussion methods. Classroom discussion on all
the topics will be primarily through academic writing, case laws supplemented by relevant statutory
provisions. Class presentations and Class participation will make lectures more interactive. Course
objectives and the evaluation process also motivates the methodology adopted.

Major issues, important case laws and essential readings in each module will be circulated to the students
prior to the commencement of each module. Students are expected to read the circulated material and
cases before the topic is discussed in the classroom.

SELF-LEARNING TOPICS:

Sl. Self-Study Topic (will be part of assessment) Source

No.
1. Law and Morality - Interface S.N. Dhyani,
Jurisprudence: A Study
of Indian Legal Theory,
Central Law Agency.

2. Legal rights and Fundamental Rights N.V. Paranjape , Studies

In Jurisprudence And
Legal Theory, Central
Law Agency
3. Writing Research projects, Articles, Dissertation - Material will be
Difference uploaded on edhitch

4. Reason for growth of Subordinate Legislation. Material will be

uploaded on edhitch
 5. Alternative Dispute Resolution Mechanism Material will be
uploaded on
edhitch

8. REFERENCE MATERIALS:

Text Books:
1. S.N. Dhyani, Jurisprudence: A Study of Indian Legal Theory, Central Law Agency.
2. N.V. Paranjape , Studies In Jurisprudence And Legal Theory, Central Law Agency.
3. S.R. Myneni, Jurisprudence (Legal Theory)
4. Fisher, A; Critical Thinking: An Introduction; Cambridge University Press.
5. Williams, Glanville; Learning the Law; Universal Law Publishers.
Reference Books:
1. Levi, H; An Introduction to Legal Reasoning; University of Chicago Press.
2. Thompson, A; Critical Reasoning; London, Routledge.
3. Hart, HLA; The Concept of Law; Oxford University Press
4. Fisher. A; Critical Thinking: An Introduction; Cambridge University Press.
5. Andrew Goodman, How Judges decide Cases, Universal Law Publishing Co.
6. Benjamin N. Cardozo, The Nature of Judicial Process.

9. GUIDELINES TO STUDENTS:

a. Do all of the reading assigned for your course.

b. Pay attention and participate in the class.

10. COURSE SCHEDULE:

Sl. ACTIVITY STARTING CONCLUDING TOTAL NUMBER

No. DATE DATE OF PERIODS
01 Over View of the course 01 hours
02 Module : 01 09 hours
02 Module: 02 07 hours
03 Module:03 10 hours
04 Assignment/any other Will be Will be notified
activity/Guest Lecture/ Field notified
Visit
05 Test-1
06 Module:04 09 hours
07 Test 2
08 Module:05 14 hours

11. SCHEDULE OF INSTRUCTION:

SESSION LESSON CO. DELIVERY REFERENCE

TOPICS
NO TITLE No MODE

Introduction of Introduction to the course S.N. Dhyani,

law and its and contents of the module Jurisprudence: A
01 scope Lecture and Study of Indian
CO1 Legal Theory, N.V.
Discussion
Paranjape , Studies
In Jurisprudence
And Legal Theory
02 Introduction of  Meaning of Law S.N. Dhyani,
law and its  Relevance of Law and Jurisprudence: A
scope its applicability Lecture and Study of Indian
CO1 Legal Theory, N.V.
Discussion
Paranjape , Studies
In Jurisprudence
And Legal Theory
03 Definition of Definition: CO1 Lecture and S.N. Dhyani,
Law: meaning Jurisprudence: A
Idealistic - Discussion
and nature Study of Indian
 Salmond Legal Theory, N.V.
 Gray Paranjape , Studies
In Jurisprudence
Positivists - And Legal Theory
 Austin
 Holland
 H L A hart

Historical –

 Savigin

04 Definition of Contd. CO1 Lecture and S.N. Dhyani,

Law: meaning Jurisprudence: A
Discussion
 and nature Sociological – Study of Indian
Legal Theory, N.V.
 Ihering Paranjape , Studies
 Roscoe Pound In Jurisprudence
Realist – And Legal Theory

 Holmes

Nature and Functions of

law

05 Nature of Law  Generality CO1 Lecture and S.N. Dhyani,

and Functions  Normativity Jurisprudence: A
Discussion
 Sanction Study of Indian
Legal Theory, N.V.
Functions
Paranjape , Studies
In Jurisprudence
And Legal Theory
06 Law, Justice Law and Morality – CO1 Lecture and N.V. Paranjape,
and Morality Interface - Discussion Studies In
Discussion
Jurisprudence And
Legal Theory, N.V.
Paranjape , Studies
In Jurisprudence
And Legal Theory
07 Law, Justice Contd. CO1 Lecture and N.V. Paranjape,
and Morality Studies In
Illustrations Discussion
Jurisprudence And
Case Laws: Legal Theory, N.V.
Paranjape , Studies
 Queen v. Dudley and In Jurisprudence
Stephens And Legal Theory
 Mr. X v. Hospital
Z, (1998) 8 SCC 296
 Speluncean Explorers
Case

08 Kinds of Law  Imperative Law CO1 Lecture and N.V. Paranjape,

Discussion Studies In
 Physical (Scientific) Jurisprudence And
Law
Legal Theory, N.V.
Paranjape , Studies
In Jurisprudence
  Natural (Moral) Law And Legal Theory

 Conventional Law

09 Kinds of Law Contd. CO1 Lecture and N.V. Paranjape,

Discussion Studies In
 Customary Law Jurisprudence And
Legal Theory, N.V.
 Practical (Technical) Paranjape , Studies
Law
In Jurisprudence
 International Law and And Legal Theory

 Civil Law

10 Classification Importance of CO1 Lecture and N.V. Paranjape,

of Law Classification Studies In
Discussion
Jurisprudence And
Classification:
Legal Theory,
 International Law and Central Law
Municipal Law Agency.
 Public Law and Private
Law
 Civil Law and
Criminal Law
 Substantive Law and
Procedural Law

11 Sources of law Custom N.V. Paranjape,

Studies In
 Meaning Jurisprudence And
 Custom and Usage
Lecture and Legal Theory,
Distinction CO2 Central Law
 Illustrations and Discussion
Discussion
Agency.
12 Judicial Tests Tests: N.V. Paranjape,
for valid Studies In
custom  Immemorial Antiquity Jurisprudence And
 Reasonableness Lecture and Legal Theory,
 Morality CO2
Discussion Central Law
 Continuance
Agency.
 Peaceable enjoyment
 Consistency

13 Judicial Tests Contd. CO2 Lecture and N.V. Paranjape,

for valid Studies In
 Certainty Discussion
custom Jurisprudence And
 Compulsory Legal Theory,
observance
Central Law
 Judicial nature
Agency.
 Public policy
 Not by Analogy

14 Types of  Custom without CO2 Lecture and N.V. Paranjape,

Custom sanction Studies In
Discussion
 Custom with sanction Jurisprudence And
 Legal Custom Legal Theory,
 General Central Law
custom Agency.
 Local custom
 Conventional
Custom

15 Precedent as a Meaning and Types CO2 Lecture and N.V. Paranjape,

Source of law Studies In
 Persuasive Discussion
Jurisprudence And
 Original Legal Theory,
 Authoritative
Central Law
 Declaratory
Agency.

16 Precedent as a Contd. CO2 Lecture and N.V. Paranjape,

Source of law Studies In
 Ratio Decidendi Discussion
Jurisprudence And
 Obiter Dictum Legal Theory,
Central Law
Agency.
17 Legislation as Legislation CO2 Lecture and N.V. Paranjape,
a source of Studies In
 Kinds of legislation Discussion
law Jurisprudence And
 Legal Theory,
Central Law
Agency.
18 Introduction Introduction to the S.R. Myneni,
Lecture and
CO3 Jurisprudence
to Indian contents of the module Discussion (Legal Theory)
legal system
19 Major Legal  Civil Law Legal S.R. Myneni,
System Jurisprudence
Systems
Lecture and (Legal Theory)
CO3
 Common Law Legal Discussion

System

20 Major Legal Contd. CO3 Lecture and S.R. Myneni,

 Difference between Discussion Jurisprudence
Systems
(Legal Theory)
Common and Civil
Law Legal System
 Religious Law Legal
System
21 Common Judicial System in India CO3 Lecture and S.R. Myneni,
 Hierarchy of Courts Discussion Jurisprudence
Law
(Legal Theory)
Foundation -
Judicial
System in
India
22 Courts Civil & Criminal CO3 Lecture and S.R. Myneni,
Administration of Justice Discussion Jurisprudence
(Legal Theory)
23 Supreme  Qualifications, CO3 Lecture and S.R. Myneni,
Appointment and Discussion Jurisprudence
Court
(Legal Theory)
Removal of Judges
 Powers of Supreme
Court
24 Supreme Functions of Supreme CO3 Lecture and S.R. Myneni,
 Court Court Discussion Jurisprudence
(Legal Theory)
25 Alternate  Meaning CO3 Lecture and S.R. Myneni,
Dispute Discussion Jurisprudence
 Importance
(Legal Theory)
Resolution  Difference between
through Litigation and ADR
Arbitrators

26 Arbitration as  Process CO3 Lecture and S.R. Myneni,

ADR Discussion Jurisprudence
 Advantages and
(Legal Theory)
Mechanism Disadvantage

27 Quasi-Judicial  Meaning CO3 Lecture and S.R. Myneni,

Body -  Discussion Jurisprudence
Tribunals under
(Legal Theory)
Tribunals Constitution of India
 Principles

28 Legal Introduction Dr. Vinay N.

reasoning and Lecture and Paranjape. Legal
methods of CO4 Education and
Discussion
law making Research
Methodology
29 Methods of  Rule-Based Reasoning CO4 Lecture and Dr. Vinay N.
law  Illustrations Discussion Paranjape. Legal
making/reason  Reasoning by Analogy Education and
ing  Illustrations Research
Methodology
30 Methods of  Distinguishing Cases CO4 Lecture and Dr. Vinay N.
law  Illustrations Discussion Paranjape. Legal
making/reason  Reasoning by Policy Education and
ing  Illustrations Research
 Inductive Reasoning Methodology
 Illustrations

31 Doctrine of  Concept - Law making CO4 Lecture and Dr. Vinay N.

Stare Decisis through Judicial Discussion Paranjape. Legal
Decisions Education and
 Ratio Decidendi and Research
Methodology
 Obiter Dictum

32 Interpretation  Concept CO4 Lecture and Dr. Vinay N.

of Statutes  Principles of Statutory Discussion Paranjape. Legal
Interpretation Education and
Research
Methodology

33 Interpretation Contd. CO4 Practical Dr. Vinay N.

of Statutes Session Paranjape. Legal
 Principles of Statutory Education and
Interpretation Research
Methodology

34 Interpretation Internal Aids for CO4 Lecture and Dr. Vinay N.

of Statutes Interpretation of Statutes Discussion Paranjape. Legal
Education and
Research
Methodology
35 Interpretation External Aid for CO4 Lecture and Dr. Vinay N.
of Statutes Interpretation of Statutes Discussion Paranjape. Legal
Education and
Research
Methodology
36 Interpretation Practice Exercise CO4 Lecture and Dr. Vinay N.
of Statutes Discussion Paranjape. Legal
Education and
Research
Methodology
37 Legal writing Introduction and relevance CO5 Lecture and Dr. Vinay N.
and legal Discussion Paranjape. Legal
research
Education and
Research
Methodology

38 Legal research Meaning – Methods – CO5 Lecture and Dr. Vinay N.

 objectives – kinds of study Paranjape. Legal
– Formulation of Research Education and
Discussion
problem and Hypothesis - Research
Research Methodolgy Methodology

39 Types of Legal  Descriptive and Dr. Vinay N.

Studies Exploratory Studies Paranjape. Legal
Education and
Lecture and
 Explanatory Study CO5 Research
Discussion
Methodology
 Analytical and Critical
Studies

40 Legal writing Contd. Dr. Vinay N.

and legal Paranjape. Legal
 Historical study Education and
research
Research
 Comparative study Lecture and Methodology
CO5
Discussion
Methods of Research

 Empirical and
Doctrinal

41 Components  Title
of Research  Introduction
Project  Formulation of
Research Problem and
Hypothesis CO5
 Literature Review
 Objectives

42 Components  Research Methodology Lecture and Dr. Vinay N.

of Research  Scope Discussion Paranjape. Legal
Project  Significance Education and
  Contribution CO5 Research
 Conclusion Methodology

43 Legal Statutes, Reports, Journals, CO5 Practical Dr. Vinay N.

Materials Manuals, Bills, Act, Case Session Paranjape. Legal
Education and
Research
Methodology

44 Case Analysis  IRAC Method CO5 Lecture and Dr. Vinay N.

and Discussion Paranjape. Legal
 Practice exercise
Preparation of
Education and
Briefs
Research
Methodology

45 Tools and Introduction CO5 Lecture and Dr. Vinay N.

Techniques of Discussion Paranjape. Legal
Data  Observation
Education and
Collection in Method
Legal Research
 Interview
Research Methodology
 Questionnaire

46 Observation  Meaning CO5 Lecture and Dr. Vinay N.

Method of  Types Discussion Paranjape. Legal
 Advantages and
data collection Education and
Disadvantages
Research
Methodology

47 Interview  Meaning CO5 Lecture and Dr. Vinay N.

Method of  Types Discussion Paranjape. Legal
 Advantages and
data collection Education and
Disadvantages
Research
Methodology

48 Questionnaire  Meaning CO5 Lecture and Dr. Vinay N.

Method of  Types Discussion Paranjape, Legal
 data collection  Advantages and Education and
Disadvantages Research
Methodology.

49 Citation Bluebook 19th Edition CO5 Lecture and Dr. Vinay N.

Discussion Paranjape, Legal
Education and
Research
Methodology

50 Bibliography Bluebook 19th Edition CO5 Lecture and Dr. Vinay N.

Discussion Paranjape, Legal
Education and
Research
Methodology

12. ASSESSMENT SCHEDULE:

Sl.n Assessment type contents Course Duration marks weightag Venue,

o outcome In Hours e DATE
Number &TIME
01 Class test/Quiz Module 1 CO3 55 mins 20 10%

02 Research paper Any Module CO4 To be 20 10%

writing notified
04 Test 1 Module 1 & 2 CO1 To be 30 15% To be
notified notified by
by CoE CoE
05 Test 2 Module 3 & 4 C03 To be 30 15% To be
notified notified by
by CoE CoE
06 End Term All Modules CO 1, 2, To be 100 50% To be
Examination 3, 4, 5 notified notified by
by CoE CoE

13. COURSE CLEARANCE CRITERIA:

a. Minimum requirement of attendance: 75%

b. Minimum marks in continuous assessment: 40%
 c. Minimum marks in term end examination: 30%

14. CONTACT TIMINGS IN THE CHAMBER FOR ANY DISCUSSIONS:

Students may visit the faculty in University working hours and / with prior appointment.

15. SAMPLE THOUGHT PROVOKING QUESTIONS:

SL QUESTION MARKS COURSE BLOOM’S LEVEL

NO OUTCOME
NO.
01 Custom is a habitual course of conduct 10 M CO2 Comprehensive
observed uniformly and voluntarily. It
occupies an important place in
regulation of human conduct in almost
all the societies. In fact, it is one of the
oldest sources of law-making. Discuss.
02 The grouping of laws into families, 10M CO3 Knowledge
thereby establishing a limited
number of types, simplifies the
presentation and facilitates an
understanding of the world’s
contemporary laws. Thus,
categorizing laws into legal
systems. Discuss with the help of
relevant examples of Countries.

03 Judicial decision can make a law but 10M CO3 Comprehensive

cannot alter it. Where a decision is
taken by the higher judiciary, it is the
duty of the subordinate to follow the
same. Elaborate
04 Law is a definite rule of behavior 10M CO1 Comprehensive
which is backed by the sovereign
power of the State. Define and discuss
the nature and functions of law.
Enumerate the interface between law
and morality in the contemporary
world.

16. TARGET SET FOR COURSE OUTCOME ATTAINMENT:

Sl.no C.O. Course Outcomes Target set for

 No. attainment in
percentage
01 Co1 Understand the core elements of legal methods and reasoning. 80

02 Co2 Discuss the underlying importance of source of laws. 70

03 Co3 Distinguish between the major kinds of law, legal systems and 90
institutions.
04 Co4 Demonstrate an ability to engage in debates about the ways in 80
which legal reasoning operates.
05 Co5 Apply basic techniques of research, legal and logical reasoning. 80

Signature of the course Instructor

This course has been duly verified Approved by the D.A.C.

Signature of the Chairperson D.A.C.