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Legal Writing · Unit 1

Law, Sources, Legal Language and Analysis

Unit 1 of Legal Writing and Legal Language (syllabus: Module I — law, rules, regulation and policy; custom, treaty, legislation and precedent; the characteristics of legal language; case analysis and case briefs; statutory analysis through the Information Technology Act 2000). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.

What this unit covers

  • What is the difference between a rule, a regulation and a policy?
  • What must a party prove before a court will enforce a custom?
  • How does a treaty, which binds States, come to be used by an Indian court?
  • Why does a precedent bind, and which part of a judgment is it that binds?
  • What are the characteristics of legal language, and does law have a language of its own?
  • Why does the drafter's pursuit of certainty produce obscurity, and what should a legal writer do about it?
  • What are the elements of a case brief, and in what order should you build one?
  • How do you analyse a section of a statute, and what did that analysis show about the offence of sending offensive messages?

Treat that list as a self-test: recite each topic's rule from memory before you open its cases.

Provisions

Leading cases

Exam questions on this unit