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SEMESTER-I
Course Code - Course Title - Legal methods
Theory – 60% Practice – 20% Project – 20% Credits - 4
COURSE OVERVIEW – WHY “LEGAL METHOD”?
Law curricula the world over feature in their initial year or semester an introductory course. They are known by many names – “Introduction to Law”, “Legal Method”, “Legal Methods”, “Law 101”, “The Methods and the Processes of Law”, and so on. Most of these names are comprehensible easily, but why “legal method”? Or to be specific, why “method” as opposed to “methods”?
To appreciate this, think of “scientific method”. Certainly, this term does not imply all scientists follow one single method. There is very little in common between the physicist studying the effects of high-speed particle collisions in a particle accelerator; the chemist passing complex mixtures through a chromatograph; or the biologist injecting enzymes into a rat’s spinal cord. And yet these and other methods used by scientists share certain commonalities. All scientific endeavours today involve at some level or the other description, observation and, above all, seeking mechanical explanations of natural phenomena.
Course Objective
The objective of any law degree or diploma programme is to enable students to think like lawyers. This would necessarily include two distinct skillsets. The first is a familiarity with the tools, techniques and jargon of the legal world. And the second is a capacity to understand law in its larger context. Neither skillset can be picked up in one day, or through one single course. Students acquire them by osmosis, as it were, throughout their period of instruction and even beyond.
However, this process of learning by osmosis is greatly facilitated if students are imparted a certain basic level of background knowledge and equipment. This is what the present course seeks to achieve. It seeks to familiarise students with the study and practice of law to the extent that they will be able to acquire for themselves the necessary skills, techniques and perceptions as and when they are required. Perhaps this is best expressed through an analogy. If one’s association with the world of law can be likened to a journey, then surely the skill sets mentioned above (i.e. techniques and perceptions) can be compared to maps outlining different routes. What we seek to impart through this course are not maps so much as a key to reading maps. We discuss the various generic components of maps, what they mean, and how to harness each to be useful for one’s own personal journey. Consequently, when a student encounters a new map (i.e. a new technique or perception) depicting completely unfamiliar terrain, she should be able to break down the map into its constitutive elements, address each such element on its terms, and thereby acquire mastery over not only the map but also the terrain it covers.
In the light of the foregoing, let us examine what exactly we seek to impart through this course. We may split this into several individual components.
Firstly, the course would teach the students the importance of critical thinking.
Secondly, a background to the origins, development, nature and functions of the law.
Thirdly, (and allied to the first), a basic familiarity with the core concepts of the law, including:
sources of law – legislation, judicial pronouncements, customs; the structure of legal institutions – legislatures, hierarchy of courts etc
Fourthly, a clarity in regard to legal reasoning, thinking and analysis
Fifthly, exposure to the techniques, tools and usages of legal research. This includes using a law library, searching for precedents, internet resources etc., and also conventions of citation.
Sixthly, some exposure to legal language and writing.
This raises a further question: if the law is all about authoritative pronouncements, then what is left for us lawyers to do when everything is settled anyway? But that is just it – authorities may purport to be authoritative, but they are not always as authoritative as they seem. This may sound confusing, but don’t worry, you’ll get used to it as you go along. And I must remind you to be always thankful for this: the fact that authorities can be challenged is the main reason why lawyers earn so much money! For it takes skill to mount such a challenge, and that’s where one’s competence as a lawyer comes in. There exist many methods of questioning the validity of authorities. We may seek to have it invalidated by invoking a larger authority; for example, we may challenge the validity of a statute on grounds that it is inconsistent with the Constitution. Then we could say that the authority is fine as far as it goes, but it does not really apply to the case we are dealing with. Or else we could claim that it was intended to be interpreted in a particular manner only, which makes it inapplicable to us.
In short, that is what the legal profession is about. It is about challenging authorities when necessary and, equally, fending off such challenges when the authorities are in your favour. Even when you are engaged in back-room activities like drafting plaints or agreements, you can succeed only if you keep in mind the relevant authorities and how they apply to what you are doing. This course is also centered around such authorities. It is not intended to be exhaustive in nature; you’ll need a full five years of law school, and then the rest of your professional life, to gather an exhaustive understanding of what law is and how it works. For now, we seek to only acquaint you with the fundamentals. Something in the nature of an orientation course, so that you are at least equipped with a basic familiarity with the structures and functions of law, on the basis of which you may commence your study of legal subjects.
COURSE OUTCOMES :
On completion of the course on Legal Methods, learners will be able to :
PROGRAM OUTCOMES :
ever changing society.
Module Description
Module I
Module II
Module III
Legal Research
Module IV
Hierarchy of Courts
Rule of law – Fundamental of democracy
Module V
Suggested Books:
1.Legal Method, Reasoning and Research Methodology (by K. L. Bhatia and S.C. Srivastava).