Connecting with Law

704 Pages·2018·21.034 MB·English

by  Michelle Sanson, Thalia Anthony

CONNECTING
WITH LAW

FOURTH EDITION
MICHELLE SANSON

THALIA ANTHONY
OXFORD
ASCEND
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of legal words and terms
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your case analysis skills
- Discussion answers for reading and reflection exercises to
guide your application of legal concepts
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assertiveness, stress management, work-life balance and
more to help you transition to university life
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CONNECTING
WITH LAW

CONNECTING
WITH LAW
FOURTH EDITION
MICHELLE SANSON
THALIA ANTHONY
1
Oxford University Press is a department of the University of Oxford.
It furthers the University’s objective of excellence in research,
scholarship, and education by publishing worldwide. Oxford is a registered
trademark of Oxford University Press in the UK and in certain other
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Published in Australia by
Oxford University Press
Level 8, 737 Bourke Street, Docklands, Victoria 3008, Australia.
© Michelle Sanson and Thalia Anthony 2019
The moral rights of the authors have been asserted.
First edition published 2009
Second edition published 2010
Third edition published 2014
Fourth edition published 2019
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Edited by Trischa Mann
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BRIEF CONTENTS
List of Figures xii
Table of Cases xiv
Table of Statutes xxi
Preface xxx
Guided Tour xxxi
Acknowledgments xxxiii
About the Book xxxiv
1 Learning Law: How Can I Develop a Legal Mind? 1
2 Sources: What Is the Law Itself? 57
3 Legal Institutions: How Is Law Made? 111
4 Classifying and Practising Law: How Are Cases Resolved? 157
5 Research: How Do I Find the Law? 187
6 Communication: How Do I Engage with Others about
the Law? 241
7 Jurisprudence: What Is Law? 301
8 History: How Did Australian Law Develop? 353
9 Australia: Where Do Indigenous Laws Fit In? 379
10 Precedent: How Do Judicial Decisions Become Law? 417
11 Statutory Interpretation: How Do Courts Interpret
Legislation? 465
12 The Profession: What Do Lawyers Do? 517
13 Law in Society: What Are the Problems and Remedies
for Accessing Justice? 564
14 My Law Career: How Can I Best Prepare for It? 595
Glossary 635
.
Index 645
v
EXTENDED CONTENTS
List of Figures xii
Table of Cases xiv
Table of Statutes xxi
Preface xxx
Guided Tour xxxi
Acknowledgments xxxiii
About the Book xxxiv
1 Learning Law: How Can I Develop a Legal Mind? 1
1 Law as a discipline 2
Reflection exercise 3
2 Legal reasoning 4
Exercise:Inductive and deductive reasoning 7
Exercise:What’s your reasoning? 8
3 Outcomes of your legal education 10
Exercise:Priestley 11 requirements 13
Exercise:Critical thinking 26
Exercise:Assessing sources 29
4 Success in law school 42
Exercise:Basic IRAC application 47
2 Sources: What Is the Law Itself? 57
1 Primary and secondary sources of law 58
Exercise:Sources practice 59
2 Legislation 59
Exercise:Anatomy of an Act 69
3 Cases 76
Exercise:Reading a citation 81
Exercise:Case summary1 92
Exercise:Case summary2 93
.
4 Secondary sources 97
vi
EXTENDED CONTENTS vii
3 Legal Institutions: How Is Law Made? 111
1 Government in Australia 113
Reflection exercise:Rule of law perspectives 117
2 Constitutions of the Commonwealth and the states and territories 117
3 Parliament’s role in creating law 125
4 The executive’s role in administering law 128
5 The judicature’s role in interpreting law 132
Problem exercise:Intra or ultra vires 143
6 Alternatives to courts 145
4 Classifying and Practising Law: How Are Cases Resolved? 157
1 Major legal classifications 159
2 Branches of substantive law 163
3 Aspects of procedural law 178
5 Research: How Do I Find the Law? 187
1 The importance of legal research 189
2 Legal research methodology 189
Exercise:Research types 190
Exercise:Research strategy scenario 192
Exercise:Ranking sources 199
3 Using a library catalogue or search engine 200
Exercise:Boolean searching 202
4 Finding legislation 203
Exercise:Finding a bill 209
5 Finding cases 212
Exercise:Using FirstPoint and CaseBase 220
Exercise:Searching phrases in CaseBase 222
6 Finding and using secondary sources 223
. 7 Legal referencing 234
viii EXTENDED CONTENTS
6 Communication: How Do I Engage with Others
about the Law? 241
1 The importance of communication 242
2 Formulation:Preparing to communicate 245
Exercise:Reading a case for a particular purpose 248
Exercise:Preparing to be excused from jury duty 250
3 Engagement:In- person communications 255
4 Engagement:Written communications 265
Problem exercise:Drone on, party people 273
Exercise:Drafting a submission 278
Exercise:Advising Alan 282
Exercise:Hitting the right tone 282
Exercise:Keeping it clear 283
5 Collaboration 284
Reflection exercise:Good team, bad team 287
Exercise:Group work scenario 292
6 Review:Continual improvement 296
7 Jurisprudence: What Is Law? 301
1 Introduction 303
2 Early and continuing jurisprudence:Indigenous jurisprudence 306
3 The birth of modern jurisprudence 307
4 Modernism, Marxism and socio- legal theory 324
5 Legal realism 329
6 Critical legal theories 331
7 Dominant jurisprudence today 342
Exercise:Applying jurisprudence 349
8 History: How Did Australian Law Develop? 353
1 Legal systems of Indigenous societies and their early exclusion
. from the common law 356
2 Displacement of Indigenous laws 358