Damodaram Sanjivayya National Law University

1.1 Legal Methods Credits - 4 Faculty: Dr K. Sudha

This introductory course aims to familiarize beginners with the methods and materials of law and with the role of law in contemporary society. The course prepares students to think like lawyers. It explores the relevance of the role of law in the contemporary society and allows for juxtaposition of the legal process with the social, economic and political processes in society. The several perspectives from which question of law can be approached are demonstrated by an introduction to the various schools of jurisprudence. Law as an independent discipline has its own materials and methods. Though related to and reflective of social processes, its development is unique in several respects. The character and content of legal knowledge are explained to the student in a systematic fashion. Familiarity with the sources of law and with legal materials and competence to find the law by the use of the law library are major concerns of this course. The ability to appreciate law as a process in the context of other processes in society (political, economic, cultural, social) is one of the goals of this course. The course may help the student to think and acts like a lawyer and responds to law studies accordingly. The course also introduces legal research methodology which includes the art of footnoting etc.

Course contents Unit I Role of law in contemporary society the correlation between legal process and social, economic and political processes Law as an instrument of social change and social control Interrelationship between law, morality and ethics Interrelationship between law and natural sciences Concept of justice

No. of Sessions

3 3 2

Unit II Legal Systems Common law Civil law 3 2 2

Distinction between common law and civil law systems

Unit III Method of studying various sources of law: Format of a Statute Legislation subordinate legislation delegated legislation Basics of interpretation of Statutes Format of a judgment Precedents- Stare decisis, Ratio Decendi, Obiter Dictum Per-incurium Wambaughs Method

2 3 2 2 3 2

Unit IV Indian Legal System: Structure of Indian legal system Administration of justice Hierarchy of courts Legal remedies

3 1 2 2

Unit V Independence of judiciary judicial activism and its limitations judicial restraint social action litigation 2 2 2 2

Unit VI Basic legal Resources and Materials How a law library has to be utilized How legal material (text books, case law, manuals, digests, journals) has to be referred Project writing Foot note styles and citation Preparation of bibliography

2 2 4 3 2

Suggested Readings: Lloyds Introduction to Jurisprudence, Sweet & Maxwell, 7thed. Dias, Jurisprudence, Butterworths, 5th ed. G.C.V. Subba Rao, Jurisprudence and Legal Theory, Eastern Book Co., Lucknow, 9th ed, 2008 Upendra Baxi, Crisis of Indian Legal System, Vikas, New Delhi, 1982 John H Farrar and AM Dugadale, Introduction to legal methods, Sweet & Maxwell, 2nd ed, 1984 Dane and Thomas, How to use a law library: an introduction to legal skills, Sweet & Maxwell, London, 4th ed, 2001 7. Jacobstein, J. Myron, Fundamentals of Legal Research, Foundation Press, 8th ed., 2002 8. SK Verma and M Afzal Wani, Legal Research and Methodology, Indian Law Institute, New Delhi, 2001 1. 2. 3. 4. 5. 6.