HOW TO STUDY LAW

LEARNING OUTCOMES

Able to identify and locate the various sources of the law. Understand the importance of the sources in answering questions. Recognise the basic distinctions of the various divisions of law. Familiar with the method of using law reports. Understand how cases and statutes are read. Able to identify legal issues and apply the relevant law in resolving these disputes. Develop analytical and problem-solving skills with reasoned arguments.

INTRODUCTION

Law regulates the behaviour of individuals and the way businesses conduct their activities. They are necessary for the peaceful and orderly function of society and for the resolution of disputes.

However, the technique and method of studying law and answering questions differ from other subjects.

FINDING CASES

Three sources: a. Law Reports e.g. Malayan Law Journal (MLJ); b. Reference Books; and c. Newspapers that report cases. Referred by names of the parties and citation. Citation refers to title of law reports, year, volume number and page/paragraph number. Ensure that the reference book is the latest edition. Consider the possibility that the position of the law on a particular issue may have changed since the writing of the reference book.
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CASE CITATION

Plaintiff

Defendant

Berjaya Times Square Sdn Bhd v. M Concept Sdn Bhd [2010] 1 MLJ 597
Year reported
Law Report Volume number
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Page number

READING CASES

Criminal cases are written as - Public Prosecutor v. Ali. Civil cases are written as Tan Swee Hoe v. Ali Hussien Bros. Below the name of the case, there will be information on: a. Name of the court where the case was heard; b. Name(s) of the judge(s) who decided the case; and c. Date the case was heard d. The judgment that was delivered and the name of the judge who delivered the judgement of the court.
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Catchwords: Subject matter - indicates subject index and issues which the case is concerned with e.g. Companies and Corporations Directors Duties Director s liability for secret profits - knowledge and consent of other Directors - Whether sufficient to discharge the liability of the Director
Headnotes: Full facts of the case.

Every case raises legal issues to be resolved by the judges.

Ratio decidendi - the legal reasoning for the decision of the case which is binding on lower courts
In a case heard in the Court of Appeal or Federal Court, there may be different judges giving different ratio decidendi, but the final decision of the court depends on the majority view of the judges.

Obiter dicta - opinion of a judge which does not form part of the ratio decidendi. They are remarks made by the judge in passing.
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READING STATUTES

Short title and year of publication e.g. Contracts Act 1950. Official citation for the statute - chapter number e.g. Act 136. Long title gives indication of the purpose of the Act. Date of Royal Assent the date YDPA gives his approval i.e. the date the law comes into effect unless the Act says otherwise, e.g. when Minister issues a commencement order.
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Marginal Notes short explanation of a section, to understand how the section is applied. Statute is divided into numbered sections. Each section contains a different rule of law. A section may further be divided into sub-sections. For certain statutes, sections may be grouped together into different Parts/Divisions e.g. Contracts Act 1950 Part V Of the Performance of Contracts Each Part deals with a separate area. Illustrations they do not form part of the sections but have been expressly furnished by the legislature as helpful in the working and application of the statute.

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READING STATUTES

Some statutes have Schedules, e.g. Companies Act 1965s Fourth Schedule; First Schedule of the HirePurchase Act 1967 Schedules - additional contents not found in the main body of the Act, reminders and summaries of legal rules, fees/compound payable or changes to the legal rules. Schedules are divided into Paragraphs. Definition or Interpretation sections - special meanings to words used in a statute. Unless a statute specifically says so, a definition in a statute applies only to the use of the word in that statute.
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READING STATUTES

Distinguish words like may (not compulsory, discretionary) and shall (must, mandatory). Conjunctives, i.e. and, must be distinguished from disjunctives, i.e. or. Ensure that the statute has not been repealed. Read patiently, carefully and precisely.

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READING RESEARCH MATERIALS

E.g. journal articles, casebook/cases and materials, book chapters, media publication, electronic database and web-link. Journal articles - Malayan Law Journal, Malaysian Current Law Journal, INSAF Casebook/cases and materials summarises essential cases and addresses fundamental legal issues. Book chapters a topic is explained differently by different authors. Media publication reports on current cases and issues e.g. New Straits Times, Star or The Sun.

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STUDY SKILLS

Independent and self-directed learning assume responsibility for your own learning. Make your own notes on cases comprising of: a. Brief facts; b. Legal issue(s); c. Decision; and d. Reasons for the decision. Be realistic with time and do not wait till the last minute.

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For lectures: a. Be punctual for your lectures b. Listen attentively take notes and concentrate on the content; c. Avoid distractions; and d. Review your notes. For tutorials: a. Be prepared to participate in the discussion. b. Make the session interesting and lively. c. Contribute ideas and views and learn the art of polite disagreement; and d. Take notes.
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Writing assignments:

a. b. c. d. e.

Clarify the task; Prepare an assignment plan; Reflect and evaluate the plan; Write the first draft followed by one or more drafts; Support your views with reasoned and logical arguments; f. Good introduction and conclusion; g. Writing style let a 3rd person read through; h. Do not be too descriptive; and i. Acknowledge your sources i.e. referencing in a legal style.
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Examinations and assessments:

a. Prepare a revision time-table;

b. Manage your notes i.e. reduce; c. Practice writing answers; d. Be comfortable during examination; e. Read the instructions carefully; g. Answer the correct number of questions; and h. Manage your time well.

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LAW IN ACTION

By reading/understanding/memorising substantive laws. Substantive laws case law and statutes. Law in Action - law in context - application of law to factual situation. Legal disputes/problems only arise out of factual situations. Law is applied through reasoning/query/fact analysis. Solving legal problems is not solely a question of reading/understanding/memorising the law.
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EXAMPLE OF A PROBLEM
Facts: Ann, born in 1991, enters into several agreements in 2008 with the following parties: a. Syarikat ABC Stationaries for the supply of school stationaries worth RM80; b. Cason (Malaysia) for a digital camera worth RM900; c. Mercedes Benz (Malaysia) for a brand new SLRMcLaren worth RM800,000; and d. Government of Malaysia for a scholarship worth RM 80,000. Advise the parties whether they can enforce their respective agreements against Ann.

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ANSWERING TECHNIQUE

Identify the area of the law from the information provided in the question. Who are the parties to be advised? Recognise the important facts to develop the answer. Structure of the answer: a. Identify the issue(s) that have to be addressed; b. Select and Explain the relevant law; c. Apply the law to the facts; and d. Concluding advice;
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ANSWERING TECHNIQUE

Determine the area of the law by studying the factual information provided i.e. Anns age in 2008 is 17 and she has entered into agreements for the purchase of various goods and for a scholarship. Area of the law - legal capacity of minors. Query? How were you able to determine the area of the law? Knowledge of substantive law which FITS the factual situation. Identify the relevant parties to be advised i.e. ABC Stationeries, Cason (Malaysia), Govt. of Malaysia and Mercedes Benz (Malaysia). Query: Why? To determine their rights (if any) against Ann.
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ANSWERING TECHNIQUE Identification of issues Whether a minor competent to contract? What is the effect of these agreements entered into by a minor? - The position under common law and under statutory law i.e. Contracts Act 1950? Whether s. 69 of the Contracts Act is applicable? Are the parties entitled to be reimbursed under the provision? Does the Contracts (Amendment) Act 1976 apply? Explanation of the relevant law (i.e. substantive law on legal capacity). Application of the law to the facts. Advise on the effect of these agreements and whether the parties will be reimbursed or compensated.
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SUMMARY
Studying law requires understanding, analysis and problem-solving skills. Importance must be placed on case law and statutes. Examiners want clear and concise answers. Remember the ABCD Rule: A = Accurate B = Brief C = Clear D = Direct (i.e. be relevant)

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Take Note:

For the Final Examination, students are allowed to bring into the examination venue, a clear and unmarked copy of the following statute books:Contracts Act 1950 Partnership Act 1961 Hire-Purchase Act 1967 Sale of Goods 1965 and Consumer Protection Act 1999
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