Reading the Legal Case
Reading the Legal Case

Author: Marco Wan

Publisher: Routledge

Published: 2012

Total Pages: 258

ISBN-13: 0415673542

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The Legal Case: Cross-Currents in Law and the Humanitiesre-examines the seemingly familiar notion of a ‘legal case’ by exploring the histories, practices, conventions and rhetoric of ‘case law’. The doctrine of stare decisis, whereby courts are bound by precedent cases, underpins legal reasoning in the common law world. At the same time, the legal case is itself a product of institutional and linguistic practices, and raises broader questions about the foundations and boundaries of law. The idea of the ‘case’ as an ordered, closed narrative with a determinate outcome is, for example, integral to medical, psychoanalytic, as well as forensic discourses; whilst the notion of the ‘strange case’ is a popular one in the English fiction of the late nineteenth century. What is at stake in the attempt to categorise or define a situation as a legal case? Is the notion of binding precedent in ‘case law’ really distinctive to the common law? And if so, why? What can the concept of a ‘case’ in other disciplines and discourses tell us about how it operates in law? With contributions from legal philosophers, legal historians, literary critics, and linguists, this book moves beyond the jurisprudential discussion of the nature and authority of the legal case, as it draws on insights from philosophy, m linguistics, narratology, drama, and film.

Reading Law
Reading Law

Author: Antonin Scalia

Publisher: West Publishing Company

Published: 2012

Total Pages: 0

ISBN-13: 9780314275554

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In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.

Reading The Legal Case
Reading The Legal Case

Author: Marco Wan

Publisher: Routledge

Published: 2012-08-06

Total Pages: 258

ISBN-13: 113632884X

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This volume examines the nature, function, development and epistemological assumptions of the legal case in an interdisciplinary context. Using the question of ‘reading’ as a guiding principle, it opens up new ways of understanding case law and the doctrine of precedent by bringing the law into dialogue with the humanities. What happens when a legal case is read not only by lawyers, but by literary critics, by linguists, by philosophers, or by historians? How do film makers and writers adapt and transform legal cases in their work? How might one interpret fiction in the context of the historical development of the common law? The essays in this volume test the boundaries of the legal case as a genre by inviting perspectives from other disciplines, and in doing so also raise more fundamental questions of what constitutes law and legal thinking. This book will be of interest to anyone seeking a better understanding of the common law, the humanities, and the intersection between them.

Synthesis
Synthesis

Author: Margaret Elizabeth McCallum

Publisher: CCH Canadian Limited

Published: 2003

Total Pages: 394

ISBN-13: 9781553671435

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Legal Literacy
Legal Literacy

Author: Archie Zariski

Publisher: Athabasca University Press

Published: 2014-10-01

Total Pages: 220

ISBN-13: 192735644X

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To understand how the legal system works, students must consider the law in terms of its structures, processes, language, and modes of thought and argument—in short, they must become literate in the field. Legal Literacy fulfills this aim by providing a foundational understanding of key concepts such as legal personhood, jurisdiction, and precedent, and by introducing students to legal research and writing skills. Examples of cases, statutes, and other legal materials support these concepts. While Legal Literacy is an introductory text, it also challenges students to consider critically the system they are studying. Touching on significant socio-legal issues such as access to justice, legal jargon, and plain language, Zariski critiques common legal traditions and practices, and analyzes what it means “to think like a lawyer.” As such, the text provides a sound basis for those who wish to pursue further studies in law or legal studies as well as those seeking a better understanding of how the legal field relates to the society that it serves.

Synthesis
Synthesis

Author: Deborah A. Schmedemann

Publisher: Aspen Publishing

Published: 2017-02-08

Total Pages: 604

ISBN-13: 1454886501

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Synthesis: Legal Reading, Reasoning, and Communication employs a successful step-by-step approach to effective legal reasoning and writing skills, teaching students how to think like a lawyer: how to read the law, how to reason a client’s situation, and how to write about the case in different legal forms. Maintaining a pedagogy designed to teach students in a variety of ways, the text incorporates numerous charts and diagrams for visual learners. Exercises—based on tort law issues that are particularly accessible to first-year students—provide opportunities for active application of skills. Also included is complete coverage of memo and brief writing. The book is accompanied by a Teacher’s Manual that contains additional exercises based on different areas of the first-year curriculum, suggestions for how to most effectively use the book, and sample syllabi.

An Introduction to Constitutional Law
An Introduction to Constitutional Law

Author: Randy E. Barnett

Publisher: Aspen Publishing

Published: 2022-11-08

Total Pages: 473

ISBN-13:

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An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.

Eve Was Framed
Eve Was Framed

Author: Helena Kennedy

Publisher: Random House

Published: 2011-03-31

Total Pages: 322

ISBN-13: 1446468348

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Eve Was Framed offers an impassioned, personal critique of the British legal system. Helena Kennedy focuses on the treatment of women in our courts - at the prejudices of judges, the misconceptions of jurors, the labyrinths of court procedures and the influence of the media. But the inequities she uncovers could apply equally to any disadvantaged group - to those whose cases are subtly affected by race, class poverty or politics, or who are burdened, even before they appear in court, by misleading stereotypes.

Legal Methods
Legal Methods

Author: JANE C.. LOUK GINSBURG (DAVID S.)

Publisher: Foundation Press

Published: 2020-06-25

Total Pages: 709

ISBN-13: 9781683289975

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This updated casebook serves a course in introduction to legal reasoning. It is designed to initiate students in the legal methods of case law analysis and statutory interpretation. In a course of this kind, students should acquire or refine the techniques of close reading, analogizing, distinguishing, positing related fact patterns, and criticizing judicial and legislative exposition and logic. Law students' introduction to law can be unsettling: the sink or swim approach favored by many schools casts students adrift in a sea of substantive rules, forms and methods. By contrast, the Legal Methods course seeks to acquaint students with their new rhetorical and logical surroundings before, or together with, the students' first encounters with the substance of contracts, torts, or other first year courses. This approach may not only be user friendly; it should also prompt students to take a critical distance from the wielding of the methods. In this way, students may avoid (or at least broaden) the tunnel vision that so often afflicts beginning law students. The fifth edition features a substantially revised chapter on statutory interpretation. It not only highlights recent Supreme Court decisions, but also confronts students with statutory texts to construe independently of judicial exposition. The chapter also includes new sections on ordinary meaning, the use of dictionaries and corpus linguistics, and temporal problems in statutory interpretation.