Teaching Plan

of

Legal Methods

for

B.A. LL.B. (Hons.)

Semester I

Session JULY- DECEMBER 2020

Compiled By :
Ankit Srivastava
Course Teacher
 Table of Contents

Sr. No. Contents Page No.

1. Preface
2. Objectives of the Course

3. Syllabus

4. Teaching Plan
5. Reference Material
6. List of Assignments/Projects
7. Important Instructions
 1. Preface/Outline of the Subject

This subject has its relevance in acquainting the law students with the method adopted by
law in realizing its objective. Especially for a first year law student it becomes essential to
firstly understand the context within which legal subjects are to be understood. In such a
scenario there are a number of fundamental questions that arise in the naïve mind of a first
year student. For instance one fundamental question that arises concerns with the aspect of
whether there is anything unique about the functioning of law. In particular this goes on to
raise following number of questions- Is it different to argue legally than to argue in
different contexts? If the answer to this question is yes, then does it mean that there is a
particular form of reasoning that is followed while arguing legally? If the answer to this
question is yes, then are we to assume that as a matter of generality whenever there is
Legality the method so used to operationalize law is going to be same and thereby can there
be different Systems of Law? Lastly, a question arises with respect to the craft of Legal
Writing.

In the course of Legal Methods so prepared all these questions so raised would be pondered
over in detail. It is for this purpose that the entire course curriculum has been structured in a
matter of seven modules. Each module has a specific purpose of bringing about a new
perspective on the aspect of legal functioning. For instance, where on the one hand the
module on legal systems provides for an answer to the concern of generality and
particularity of legal methods, on the other hand, the module on legal reasoning analyzes
the possibility of formally defining the relation between a legal premise and legal
conclusion.

Therefore, the main structure has been designed so as to enable students to scrutinize and
critically evaluate the method so employed by the legal systems. The overarching aim is to
impart a new perspective to the young students to enhance their knowledge on legal
mechanism itself.

2.0 Objectives of the Course

 Understand the various perspectives attached to the understanding of concept of law.
 Identify the various sources and the intricacies involved in development of law.
 Identify the various legal systems and their evolution and appreciate the basic
differences between major legal systems of the World such as Common Law system,
Civil Law System and Roman Law System.
 Understand the concept of Ratio Decidendi and develop skills in finding ratio of a
Case
 Know the basic techniques of reasoning and understand the techniques such as
inductive and deductive methods
 Know how to conduct legal research
3.0 Syllabus

Module I: System of Law

 Origin of Common Law, Custom and Unwritten Laws, Judgment Based evolution of
Common Laws.- Judge and Jury based Distinction, Procedures and Writs, Dual Court
System, Precedents in Common Law, Adversarial System
 Civil Law System
 Indian Legal System and Hierarchy of Courts: Orignal Jurisdiction of Supreme Court,
Writ Jurisdiction of Supreme Court, Writ Jurisdiction of High Court, Hierarchy of
Courts in Criminial Law, Hierarchy of Courts in Civil Law, Tribunals
 Jurisdiction and its Types: Pecuniary Jurisdiction, Subject Matter Jurisdiction,
Territorial Jurisdiction, Original Jurisdiction; Appeallate Jurisdiction, Legal
Authority: Binding and Persuasive Authority, Subject Dependent and Subject
Independent Authority, Permissive and Non Permissive Authority, Precedent.

Module II: Reading Ratio Decidendi

 Precedents and Stare Decisis: Ratio Decidendi and Obiter Dictum, Obiter Dictum and
Hypothetical Facts, Vertical and Horizontal Precedents
 Reasoning of judgment
 Material Facts and General Facts- Various case examples such as Donoghue vs
Stevenson and Grant vs Australia,
 Tests for Determining Ratio Decidendi: Eugine Wambaugh’s Notion of Inversion
Test, Goodhart Test, Julius Stone Challenge to Goodhart Test.

Module III: Reasoning and Types of Reasoning

 Deductive Reasoning
 Inductive Reasoning
 Abductive Reasoning
 Legal Reasoning: Rule Based Reasoning, Pragmatic Reasoning versus Traditional
Form of Formal Reasoning, Incompleteness of a rule, Interpretation.

Module IV: Research Methodology

 Introduction to Research, Difference between Research Method and Methodology
 Research Design, Steps involved in the Research, Writing a proposal, Writing an
Article, Writing a Research Paper
 Citation Methods and Significance
 Understanding Plagirism
4.0 Tentative Lecture/Teaching Schedule

Sr. No. Topic Number of Lectures

Module I

6. Origin of Common Law 4

7. Indian Legal System and Hierarchy of 4
Courts
8. Jurisdiction and Types and Legal 4
Authority
9. Question of Law and Question of 3
Fact
10. Legal Relations- Rights and Duties, 3
Types of rights
Total Lectures 18
Module II
OPINION OF THIRD PERSONS, ORAL & DOCUMENARY EVIDENCE
11. Precedents and Stare Decisis and Res 4
Judicata
12. Reasoning of judgment versus 1
Material Facts
13. Material Facts and General Facts- 3
Various case examples such as
Donoghue vs Stevenson and Grant vs
Australia,
14. Prescriptive and Descriptive Facts, 2
Plain Reading of Fact versus
Interpretation of Facts,
15. Tests for Determining Ratio 2
Decidendi: Eugine Wambaugh’s
Notion of Inversion Test, Goodhart
Test, Julius Stone Challenge to
Goodhart Test.
Total Lectures 12
 Module III
Reasoning and Types of Reasoning
11. Deductive Reasoning 1
12. Inductive Reasoning 1
13. Analogical Reasoning versus 1
Inductive Reasoning
14. Abductive Reasoning 1
15. Legal Reasoning 2
Total Lectures 06
Module IV
Research Methodology
16. Introduction to Research, Difference 1
between Research Method and
Methodology
17. Legal Research, Types of Research 1
18. Research Design, Steps involved in 3
the Research, Writing a proposal,
Writing an Article, Writing a
Research Paper
19. Citation Methods and Significance 2
20. Understanding Plagirism 2
Total Lectures 09

Total Lectures Proposed to be delivered 60

5.0 Reference Material

5.1 Module I

1. Sir Frederick Pollock, The Expansion of the Common Law, pp. 53-80.
2. Sir Frederick Pollock and Frederic William Maitland, The History of English Law
Before the Time of Edward I, ( Liberty Fund, Inc.
3. Stephen N. Subrin, How Equity Conquered Common Law: Federal Rules of Civil
Procedure in Historical Perspective, University of Pennsylvania Law Report, Vol.
135:909.
 4. Gerald J. Postema, Classical Common Law Jurisprudence (Part I and Part II), Oxford
University Commonwealth University.
5. David J Bederman, Custom as a Source of Law, Cambridge University Press.(2010),
Chapter 3.

5.2 Module II

1. Arthur L. Goodhart, Determining the Ratio Decidendi of a Case, Yale Law Journal,
vol.40.
2. Eugene Wambaugh, The Study of Cases, Boston Brown and Company.
3. Neil Duxbury, The Nature and Authority of Precedent, Cambridge University Press,
2008. Chapter 3.
4. Julius Stone, The Ratio of the Ratio Decidendi, The Modern Law Review, Vol. 22,
pp. 597-620, 1959.
Case Laws-

1. Donoghue vs Stevenson, (1932) AC 562.

2. Grant vs Australian Knitting Mills Ltd. (1936) AC 85.
3. Maruti Shripati Dubal vs State of Maharashtra, 1987 CriL.J 743(Bomb.)
4. Aruna Shanbaug vs Union of India, (2011) 4 SCC 454.

5.3 Module III

1. Vern R. Walker, Discovering the Logic of Legal Reasoning, Hofstra Law Review,
Vol. 35:1687.
2. Scott Brewer, Exemplary Reasoning: Semantics, Pragmatics, and the Rational Force
of Legal Argument by Analogy, Harvard Law Review, Vol. 109, pp. 923-1028, 1996.
3. John R Josephson and Susan G. Josephson, Abductive Inference: Computation,
Philosophy and Technology, Cambridge University Press 1996.
4. Frederick Schauer, Thinking Like A Lawyer, Harvard University Press 2009.Chapter
1, Chapter 2 and Chapter 5.
5. Larry Alexander and Emily Sherwin, Demystifying Legal Reasoning , Cambridge
University Press, 2008. Chapter 2.
6. Enrico Francesconi, A learning Approach for Knowledge Acquisition in the Legal
Domain, in “Approaches to Legal Ontologies: Theories, Domains, Methodologies.”
Springer.
7. Chandra Chakraborty, Logic, PHI Learning Private Ltd, New Delhi, 2nd Edition,
2007. Chapter 2 and Chapter 3.

5.4 Module IV

1. C.R. Kothari, Research Methodology, Methods &Techniques, Wishwa Prakashan,

Jaipur, 1990, Ch-14, pp.403-422.
 2. G.R. Basotia, K.K. Sharma, Research Methodology, Mangal Deep Publications,
Jaipur, 2002, Ch- 12, 13, pp.234-290.
3. Abdel Baset I.M. Hosounch, Research Methodology, Sublime Publications, Jaipur,
2003, Ch - 8, 9, pp.156 -205.
4. S.K. Verma, M. Afzal Vani, Legal Research & Methodology, Indian Law Institute,
New Delhi, 2001, pp.401-488.
5. 20th Blue-Book Edition for Citation

4.0 List of Project Topics

 The Idea of Law: An analysis

 Exploring the concept of Justice in India
 Law and Migrant workers in India
 Rule of law and Judiciary
 Law as an instrument of social change
 Law: Definition, Nature and Function
 Principles of Natural law
 Law, Religion and Morals
 Natural law-Indian Perception
 Custom as a source of law
 Judicial Precedent as a source of law
 Dispute Resolution System in India: In special Reference to Litigation.
 Dispute Resolution System in India: In special Reference to Arbitration.
 Dispute Resolution System in India: In special Reference to Mediation.
 Dispute Resolution System in India: In special Reference to Conciliation
 Indian Judicial System: Hierarchy of courts
 Judicial Review in India
 Supreme Court of India
 Source of Law in the modern India
 Art and science of Advocacy
 Role of Judiciary: Its over-independence
 Writ Jurisdiction of the Supreme Court
 Advisory Juridiction of the Supreme Court
 Legal Aid
 Lok Adalats
 National Legal services Authority
 State Legal Services Authority
 Fast Track Courts
 Human Rights in India
 Lok Adalat as a method of settling disputes-A critical aspect.
 Morality and death pealty.
 Legal Research: Nature and scope.
 Legal Research Design and its significance in modern era
 Method of Legal Research.
 Hypothesis
 Legal research : Techniques and Ideas
 Right to Die v. Right to Life
 Judicial Delays (problem and perspective )
  Are Judges Above Law?
 Problem of sexual harassment faced by women in legal profession : Prepare a questionnaire
 Common Law and Civil Law
 Is Law Necessary?
 Same sex marriages
 Empirical Legal Research and its significance
 Role of Indian Judiciary in Environmental Protection
 Live in Relationships in Indian Societal Context (socio-legal research)
 The Legal system in ancient India (historical research )
 Legal Rights of Street Traders in India (interview method)
 Realization of Human Rights and Role of NGO
 Domestic Violence A Curse In The Society
 Right to Free Legal Aid
 Judicial Accountability & Democracy
 Function of Bar Council of India
 Use of E-Source and Legal Research
 Fundamental Rights and Legal Rights
 Secularism in Indian
 Law and social change
 Law commission of India
 Concept of Plagiarism and how to avoid it

GUIDELINES FOR PROJECT WORK

The project will be completed as follows:

 Research Methodology

The student should submit the research methodology for approval at the time of consultation
which should include the following:

 Research Problem
 Literature Review
 Objectives of the research
 Research Questions
 Scope and Limitation
  Research Methodology

 Submission of Final Project

 Including the Cover page, index page and bibliography the main write up should be
around 10 pages. Single Space, Times New Roman, Font Size 12. Printed both sides
 Project must have- Cover page stating Subject name, Title of the Project, Supervisor
name, Student details etc.
 Students have to follow a uniform method of citation (the suggested method is Blue Book
20th Edition) and must mention the same in the research methodology).
 The main body of the project must contain- Introduction, different chapters, conclusion,
recommendation, footnotes and required bibliography.

Course Teacher/Teachers