Classification: English Legal System; 

Book Description

Most young people considering studying law, or pursuing a career in the law, have very little idea of what learning law involves and how universities teach people to become lawyers. This new book provides a 'taster' for the study of law; a short, accessible presentation of the study of law as an academic subject, designed to help 17- and 18-year old students and others decide whether law as an academic discipline is the right choice for them when they thinking about what to study at university, or, if they have already made the choice, what to expect when they start.

It helps answer the question 'what should I study?', and will also counter the perception that law is a dry and boring subject. On the contrary, the book shows how the study of law can be fun, intellectually stimulating, challenging and of direct relevance to them. In doing so it introduces to prospective law students issues involving the legal system, including the structure of the courts and the legal profession, precedent, statutory interpretation and also some comparative law.

This is a book that should be in the library of every school with a sixth form, every college and every university, and it is one that any student about to embark on the study of law should read before they commence their legal studies.

Each of the editors has been involved in advising prospective law students at open days and admissions conferences at Cambridge and beyond.

Contents

1 Introduction to Law-Catherine Barnard, Graham Virgo and Janet O'Sullivan STARTING TO THINK ABOUT LAW THE TOOLS LEGAL METHOD ONE FINAL EXAMPLE CONCLUSIONS 2 Criminal Law-Graham Virgo THE ELEMENTS OF A CRIME THE REASONS FOR PUNISHMENT REASONS FOR CHARACTERISING CONDUCT AS CRIMINAL FACTS OF BROWN THE KEY OFFENCES THE ISSUE IN BROWN THE TRIAL APPLICATION OF THE DECISION THE DISSENTING JUDGES THEORY: AUTONOMY VERSUS WELFARE SUBSEQUENT EVENTS: MOTIVE AND RISK HUMAN RIGHTS LAW REFORM CONCLUSIONS 3 Law of Contract-Janet O'Sullivan INTRODUCTION SOME CRUCIAL ASPECTS OF CONTRACTUAL REMEDIES THE CASE THE HOUSE OF LORDS' DECISION IN MORE DETAIL WHAT HAS HAPPENED SINCE RUXLEY? WHAT IF THE BUILDER HAD SAVED MONEY BY BREACHING THE CONTRACT? CONCLUSION 4 Tort-Tony Weir THE MOST FAMOUS TORT CASE THE 'DUTY' QUESTION THE KIND OF HARM DAMAGE AND LOSS RECOVERY FOR PURE FINANCIAL HARM APPLICATION IN MCFARLANE FAIR, JUST AND REASONABLE THE REASONS GIVEN IN MCFARLANE THE SPEECH OF LORD STEYN DISTRIBUTIVE JUSTICE PSYCHIATRIC HARM EFFECT ON THIRD PARTIES TORT AS DETERRENCE DETERRENCE AND COMPENSATION TWO RECENT CASES STATUTES AND JUDGE-MADE LAW THE EFFECT OF MCFARLANE DAMAGE AND THE INVASION OF RIGHTS THE UNWANTED BABY ABROAD CONCLUSION 5 Land Law-Kevin Gray INTRODUCTION THE PROBLEM OF PROPERTY THE CASE (CHHOKAR v CHHOKAR) CONCLUSION 6 Equity-Graham Virgo WHAT IS EQUITY? THE CONTRIBUTION OF EQUITY TYPES OF TRUST THE FACTS OF FOSKETT V MCKEOWN THE POSSIBLE SOLUTIONS IDENTIFICATION AND APPLICATION OF RULES AND PRINCIPLES CONCLUSIONS 7 Constitutional Law-David Feldman INTRODUCTION SETTING THE SCENE: SOME IMPORTANT FEATURES OF CONSTITUTIONAL LAW IN THE UK THE HUNTING ACT 2004 THE JACKSON CASE THE AFTERMATH OF THE CHALLENGE TO THE HUNTING ACT 2004 CONCLUSIONS 8 European Union Law-Catherine Barnard INTRODUCTION THE DISPUTE INTRODUCTION TO KEY PRINCIPLES OF EUROPEAN COMMUNITY LAW THE EUROPEAN COURT OF JUSTICE'S DECISION THE IMMEDIATE CONSEQUENCES OF THE BOSMAN RULING THE LONGER-TERM CONSEQUENCES OF BOSMAN: THE DEVELOPMENT OF UNION CITIZENSHIP CONCLUSIONS 9 Conclusions: Drawing Some Threads Together-Janet O'Sullivan, Catherine Barnard and Graham Virgo