HOW TO STUDY LAW?

Dr. Charles Nicholson

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 LEARNING OUTCOMES

 Able to identify and locate the various sources of the law.

 Understand the importance of the sources in answering
questions.
 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.

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 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.

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 FINDING CASES

• Primary sources are:

a. Law Reports – e.g., Malayan Law Journal (MLJ); Current
Law Journal (CLJ);
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

CIMB Bank v. Anthony Lawrence Bourke & Anor [2019] 2

MLJ 1

Year reported / Volume number / Law Report / Page Number

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 READING CASES

• Criminal cases are written as - Public Prosecutor v. Bill.

• Civil cases are written as – Sinnaiyah & Sons Sdn Bhd v. Damai
Setia Sdn Bhd.
• 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.

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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. They are not binding.

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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
published in the Gazette.

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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.

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• 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.

“… the illustrations given as being both of relevance and

value in the construction of the text. …. The great usefulness of
the illustrations, which have, although not part of the sections,
been expressly furnished by the Legislature as helpful in the
working and application of
the Statute, should not be thus impaired.”

Lord Shaw in Mohamed Syedol Ariffin v. Yeoh Ooi Gark

[1916] 2 AC 575

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• Some statutes have Schedules, e.g. Ninth Schedule to the
Federal Constitution; Third Schedule to the Companies Act
2016; Sixth Schedule to the National Land Code 1965.
• 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.
• “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.
• 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.

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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; All Malaysia Reports;
 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. Clarify the task;

b. Prepare an assignment plan;
c. Reflect and evaluate the plan;
d. Write the first draft followed by one or more drafts;
e. 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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 Assessments:

• Prepare a revision time-table;

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

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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 provide your
d. Concluding advice;

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 SUMMARY

• Studying law requires knowledge and 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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