Methods of Legal Study rather heavy going and no one remembers much of it.
The second reading
1. Textbooks
- Textbooks are vital to every law student. A textbook is used to study for
a subject. It also acts as a guide for students.
- Introduction to Law for instance, is a textbook that is used by foundation
students in the first trimester.
- Textbooks are used to learn facts and methods about a certain subject.
- E.g.
Whiteley v Chappel
Facts: A statute made it an offence to impersonate any person entitled
to vote. The defendant used the vote of a dead man. The statute
relating to voting rights required a person to be living in order to be
entitled to vote.
Re an Advocate
Facts: Respondent was an advocate on the roll of advocates for
Sarawak. In November 1962, he visited Kuching in the course of
carrying on his practice and as a favour for a friend, he imported with
him ladies’ dresses and arranged advertisements and representatives.
He also settled accounts and attended customs formalities in his own
name and made use of his hotel room to facilitate his business.
- Besides, textbooks must be read with a view to clarify ambiguities as
well as difficulties in lecture notes and for purposes of amplification on
points referred to in lectures.
- When a book is read often, it is easier to read. For example, if a
foundation student reads a Land Law textbook for the first time, it is
is easier and gets more interesting.
- Cases have to be read over and over to remember the important elements
such as facts, issues and principles of a case.
- Learning by heart is best done in short periods distributed over as long as
possible. Devote an hour a day for revision instead of six hours at a
stretch once a week.
- Learning can also be increased in strength by sleep or rest period.
2. Casebooks and case laws
- A casebook is a book comprised of case laws. The summary is very brief
and not precise.
- Case laws on the other hand are cases that have gone to court and been
judicated by a judge.
- Aim in reading case reports is to extract exactly what you need with a
minimum effort.
- Read the name of case and then find who the applicants and respondents
are.
- E.g.
Mamat bin Daud & Ors v Government of Malaya – name of case
Mamat bin Daud & Ors – applicants
Government of Malaya – respondents
- Then, read the head notes which will normally be an accurate
reproduction of the facts and the decision.
- In leading cases, judgements should be read to see the way each judge
approaches the legal issues involved.
- Leading cases are known as landmark cases or a precedent case.
- E.g.
Donoghue v Stevenson
Judgement: Although there was no contractual duty on the part of the
manufacturer towards Donoghue, the manufacturer owed her a duty
to take care that the bottle did not contain noxious matter and the
manufacturer would be liable if that duty was broken. Thus, the
plaintiff was entitled to recover damages against the manufacturer in
negligence.
- This judgement is compulsory to read. The reading of judgements may
also provide a spin-off in the sense that the exercise may well help you to
acquire a style to be adopted in your own legal argument.
- Besides, what you need is a brief statement of facts, the decision
preferably in your own words and any important statements by a judge.
- E.g.
Hedley Byrne & Co Ltd v Heller & Partners Ltd
Facts: Hedley Byrne, an advertising agency, receives a large order
from Easipower Ltd, which is to be on credit terms. They ask their
bank for reference on Easipower’s credit worthiness, that the bank
gives for free. They stated the reference was without responsibility on
the part of the bank. Easipower was considered good for its ordinary
business engagements. Hedley Byrne and Co Ltd relied on this
reference and accepted the contact but the reference was wrong as
Easipower was in financial difficulties and went into liquidation
shortly after. Hedley Byrne lost a lot of money and sued Heller &
Partners in negligence for the money they lost.
Decision: Pure economic loss was not normally recoverable in
English law at that time. However, it was ruled that a duty can apply
if the duty is voluntarily accepted, a fiduciary relationship of trust
and confidence exists between the parties and the info given has been
relied on by the other party.
3. Lectures
- Lectures are a cost-effective way of imparting main ideas in an area. The
lecturer may tell the students about the latest development in an area and
to explain complex parts of subjects.
- Lectures are to covey to students a basic knowledge and understanding of
the law itself.
- E.g.
The topic of statutory interpretation, we are taught on the different
methods of interpretation. The literal rule for example dictates that
statutes are to be interpreted using the ordinary meaning of the
language of the statute.
- Lectures also help to understand the meaning of each judge’s statements.
- E.g.
Foo Loke Ying & Anor v Television Broadcasts Ltd & Ors
Abdoolcader SCJ stated “statutory interpretation is to consider the
ordinary meaning of the word or phrase in question”.
- In a lecture, the meaning of the statement above was explained as when
you start to interpret any word, you should start with literal rule. And
when you interpret the words, according to the natural and ordinary
meaning as it is the intention of parliament is seen clearly through the
words.
- Lectures provide more important guidance to students so that they may
more readily gain a deeper understanding.
 4. Tutorials
- Tutorials are small groups of students who meet regularly with an
2. Trimester 1, 2017/2018 Question 3 *similar to Trimester 1, 2015/2016
academic tutor to discuss questions which have generally been set in
advance by the tutor. Assuming that you are a law lecturer at Multimedia University and you
- Past year questions have also been discussed and handed in to mark by are required to educate a group of 260 Alpha law students on the
the tutor. techniques of studying law.
- We are also taught how to extract cases. Brief them on the methods of legal study.
- The case of Tai Choi Yu v Government of Malaysia & Ors was used to
teach the important elements in reading a case. This was under the topic
on case law technique.
- The important elements in a case are the substantive facts, issues of the
case, principles of a case, reasoning of a judge and the decision.
- In the case above, the facts are found in the headnotes, issues were found
in the catchwords and so on.

Past Year Questions

1. Trimester 1, 2014/2015 Question 2 *similar to Trimester 1 2016/2017

There is a difference between preparation for practice and preparation for

examination. The legal practitioner needs a grasp of general legal
principles, a sound knowledge of practice and procedure as well as an
ability to argue. On the other hand, to shine in examination, a law student
must not only know how to argue, be able to disclose first hand
knowledge of the sources but must also be able to memorise a
considerable number of rules and authorities.
In light of the above statement, explain in details the methods of legal
study.
Additional stuff