Legal: Module 3

Module 3 1. Learning the law : chapter 1. the division of the law 2. Case law technique 3. The interpretation of statutes 1. Learning the Law: Chapter 1 - The Division of the Law In the book "Learning the Law," Chapter 1 talks about how the law is divided into different areas. This helps us understand how the legal system works. It's like organizing different types of law into categories. Here are the main divisions of the law: a) Civil Law: This deals with problems between people or organizations. For example, it covers things like contracts, property disputes, and family matters. b) Criminal Law: This focuses on crimes committed against society. It deals with things like theft, assault, and murder. Criminal law is meant to maintain order and protect people by punishing those who break the law. c) Constitutional Law: This deals with interpreting and applying a country's constitution. It's about how the government and its citizens relate to each other. Constitutional law protects our fundamental rights and freedoms and establishes the rules for how the government should work. d) Administrative Law: This is about the rules and regulations set by government agencies. It covers things like licenses, permits, and government decisions that affect individuals and businesses. e) International Law: This is the law that governs the relationships between countries. It covers things like treaties, international trade, and human rights. Knowing about the different divisions of the law helps us understand which type of law applies to a particular situation. 2. Case Law Technique Case law technique is a way of studying and understanding legal principles based on previous court decisions. It involves looking at how judges in the past have interpreted and applied the law to similar situations. By studying case law, we can understand how courts have made decisions in the past and how those decisions can guide us in current legal matters. To use the case law technique, we: a) Read and research relevant cases: We look at previous cases that are similar to the one we're interested in. We examine the facts, arguments, and judgments of those cases to gain insights. b) Identify key legal principles: We extract the important legal principles that were established by the court in those cases. c) Apply precedents: We use those legal principles from past cases to help us make decisions in our current case. d) Compare and criticize cases: We compare different cases to see how they are similar or different. We might also question the reasoning or outcome of certain cases. Using case law technique helps legal professionals understand legal concepts better, present strong arguments, and predict how courts might decide future cases. 3. The Interpretation of Statutes The interpretation of statutes is about understanding and applying the meaning and intent of laws created by the government. Sometimes, laws are not very clear, so courts play a role in interpreting them. When interpreting statutes, courts use different methods: a) Literal interpretation: This means taking the words of the law exactly as they are written, without adding or changing anything. b) Purposive interpretation: This involves looking at the purpose or intention behind the law. We try to understand what the lawmakers wanted to achieve with the law. c) Contextual interpretation: We consider the law in the context of other related laws, historical background, or the current situation. This helps us understand how the law should be applied. d) Precedent-based interpretation: We look at past court decisions that dealt with similar laws and follow their interpretations to maintain consistency. Interpreting statutes is important because it ensures that laws are applied fairly and consistently. Judges, lawyers, and legal scholars study the language, purpose, and context of statutes to determine their intended meaning and impact. By interpreting statutes, we can have a fair and just legal system where laws are applied correctly.