UMMA UNIVERSITY

FACULTY OF SHARIAH & LAW

UML 112: LEGAL RESEARCH METHODS & WRITING

COURSE OUTLINE

Unit code: UML 112

Unit Title: Legal Research methods & writing
Credit Hours: 45
Trimester: September – December 2022
Lecturer: Fatma M. Abdallah
Contacts: fatmamohammedadvocates@gmail.com
Telephone: +254 715 155 559

Purpose

To equip students with research and writing skills for the legal profession and enable them draft simple
legal documents

Expected Learning Outcomes

By the end of the semester, learners should be able to:

1. Analyse and identify legal sources

2. Analyse how law applies to the facts of a case
3. Select legal sources appropriately and competently
4. Generate legal opinions using appropriate legal language and terminology; and
5. Communicate effectively, in writing and orally to different audiences

Arrangement of topics

WEEK TOPIC reference

1 General introduction to the course; expectations Suzanne E. Rowe, ‘Legal
and learning outcomes Research, Legal Writing and
Legal Analysis: Putting Law
Purpose & objectives of research School into Practice’ (1999) 29
Stetson Law Review 1193.
2 Understanding research
i. Meaning of research As above
ii. Different types of research
iii.
3 Ethical issues in legal research
a) Understanding research ethics
b) Understanding plagiarism
c) How not to plagiarize

1
4 1. Meaning of legal research Yash P. Ghai and Patrick
2. Types of legal research (doctrinal/non- McAuslan, Public Law and
doctrinal) Political Change in Kenya: A
3. Understanding what Law is (defining Law, the Study of the Legal
role & functions of Law in the society and Framework of Government
understanding the role of legal research) from Colonial Times to
Present (Oxford University Press
1970) 3-35

Tom Ojienda and Katarina Juma,

(2012) Mastering Legal
Research, LawAfrica
4 A. Understanding and working with 1. William Burnett
sources of law: Harvey, An
I The Constitution Introduction to the
II Statutes Legal System in East
III Common Law/Precedents Africa (East African
IV International Law Literature Bureau 1975)
V. Scholarly Articles (online research - lexis nexis, 412-7432.
JSTOR, HeinOnline) 2. Tudor Jackson, The
Where do the sources of law come from and what are Laws of Kenya (3rd edn,
their functions. Kenya Literature Bureau
1988) 4-223.
Where to find the sources of Law – do an introduction 3. Peter Mugambi,
to Kenya Law Reports Introduction to Law
(Law Africa 2012)
B. Rules of statutory interpretation Chapter 2
I. Literal meaning rule
II. Mischief rule
III. Golden rule
5 Understanding case precedents (stare decisis rule)
i. Ratio decidendi
ii. Obita dicta
iii. Citation of cases
6 Factual analysis and issues determination Maureen Fitzgerald, Legal
a) Understanding what factual analysis is Problem Solving: Reasoning,
b) How to analyze facts; Gather and organize Research and
the facts; Identify the legally relevant facts; Writing(LexisNexis 2010)
Formulate the facts
c) Determining the legal issues arising out of a given
set of facts
d) Determining the applicable areas of law-
understand what law is generally; understand the
various areas of law that exist.

2
7 Applying the sources of law  The Constitution of
a. Analyzing sources of law to determine how Kenya 201
they apply to a given set of facts  Judicature Act Cap 8
b. General rules in applying sources of law: Laws of Kenya
i) Begin with the grand norm- the  Kadhis’ Courts Act Cap
Constitution and determine which constitutional 114.
provisions are relevant to the facts you are working  Magistrates’ Courts Act
with Cap 105.
ii) Determine the statutes that apply to the given  Beatrice Wanjiku &
set of facts and analyse those statutes in light Another v AG &
of relevant constitutional provisions Another [2012] Eklr6.
iii) Find cases that may be useful in interpreting  Re Zipporah Wambui
the constitutional and statutory provisions that you Mathara BC No 19 of
are working with 20107.
iv) Find International Law provisions that are
 LSK v Centre for Human
relevant to the facts you are working with and that
Rights and Democracy &
are also relevant in understanding the
13 Others [2013] eKLR
constitutional and statutory law provisions
that you are working with
Learning techniques of handling authoritave legal
materials
8 Academic language development  Richard C. Wydick,
a) Academic grammar, academic vocabulary, academic ‘Plain English for
writing skills, academic formality and style. Lawyers’ (1978) 66(4)
California Law Review
b) Developing your argument, Expressing your 727.2.
argument • understand how to develop and link ideas,  Bryan A. Garner,
within and between paragraphs • analyse and use Legal Writing in
academic language for organisation (telling a story) in Plain English: A Text
your writing. with
Exercises(University of
c) Presenting your argument, how to structure a Chicago Press 2013).
paragraph, how to structure an essay.

d) Answering the question • focus your response to a

task • identify and define key terms in an essay
question
9 e) Being concise & precise: Using a clear, concise, As above
detailed academic style • analyse and use academic
language to be concise and precise in your writing.

f) Characteristics of legal English i.e. · Phrasal verbs ·

The use of common wordswith uncommon
meanings · Double synonyms also known as

3
 tautologies · Loan translations · The use of Old
English words · French words not commonly used in
the English vocabulary · Terms of art · Jargon ·
Latin terms.
10 Introduction to legal writing As above
a) Various documents in legal writing: case
briefs, legal opinions, reviews of academic and
scholarly work, essays and dissertations

b) Plain English for lawyers: Writing in

simple English and effectively
communicating with your readers

Constructing and structuring pieces in legal

writing
How to write:
a) Legal opinion
b) Case brief
11 c) Case review  OSCOLA 4th Edition.
d) Reviews of academic/scholarly works
e) Essays  OSCOLA Quick
Reference Guide
Using citations effectively
Referencing (OSCOLA is used to illustrate how
referencing is done in legal writing)
b) Paraphrasing
c) Using direct quotations
d) Pin-pointing
e) Case citations
f) Bibliography

Teaching and delivery method

Lectures, tutorials, group discussions and presentations, library assignment, e-learning

Instructional resources

Resource persons, textbooks, handouts, laptops/computers, discussion aids, chalk/whiteboards, statutes, e-

journals.

Course assessment

Written test 10 marks

Written assignment (take home) 10 marks

4
Group assignment 10 marks

Final Exam 70 marks

CORE READING LIST

Tom Ojienda and Katarina Juma, (2012) Mastering Legal Research, LawAfrica

Bryan A. Garner, (2001) Legal Writing in Plain English, The University of Chicago Press,
Chicago & London.

Alice Oshima & Anne Hogue Introduction to Academic Writing 3rd ed., Pearson& Longman, New York

RECOMMENDED READING

Chris Turner, Rebecca Huxley-Binns, Leon Riley & Angela Donaldson

‘Unlocking Legal Learning’ (2ed Routledge, 2014)

Emily Allbon, Sanmeet Kaur Dua ‘The Insider’s Guide to Legal Skills’

(Routledge, 2016)

John McGarry ‘Acing The LLB’ (Routledge, 2016)

Lisa Webley ‘Legal Writing’ (Routledge, 2016)

Rupert Haigh ‘Legal English’ (5ed Routledge, 2018)

Sharon Hanson ‘Learning Legal Skills and Reasoning’ (4ed Routledge, 2015)

Sharon Hanson ‘Legal Method and Reasoning’ (Routledge-Cavendish, 2013)