Connecting with Law 4th Edition by Michelle Sanson, ISBN-13: 978-0190310844

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Connecting with Law 4th Edition by Michelle Sanson, ISBN-13: 978-0190310844

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• Publisher: ‎ Oxford University Press; 4th edition (February 21, 2019)
• Language: ‎ English
• 724 pages
• ISBN-10: ‎ 0190310847
• ISBN-13: ‎ 978-0190310844

Think like a lawyer; unlock your future.

Connecting With Law, fourth edition, will challenge students’ assumptions and develop their critical thinking skills while teaching them the practical knowledge they need to succeed in law. Fully revised to incorporate the latest legal developments in Australia, this text introduces students to the foundations of law and the Australian legal system, engaging them with contemporary examples and case studies and helping them to connect with the law.

NEW TO THIS EDITION:

– Updated to incorporate the latest legislation, cases and developments, including:

– the recent Australian Marriage Postal Survey

– the First Nations Constitutional Convention and the Uluru Statement from the Heart

– the Adani coal mine proposal

– Equality, Capacity and Disability in Commonwealth Laws (ALRC Report 124)

– New and updated examples and exercises throughout the text to develop practical skills and develop critical thinking and reflective skills

– Significantly revised throughout, with new discussion on:

– Alternative Dispute Resolution (ADR)

– Indigenous Jurisprudence

– Ecological Jurisprudence

– Sovereignty and imposition of English law

– Technocratic justice

– Freedom of speech

– Marginalised communities and access to justice

– New practitioner profiles showcasing a diverse array of careers in the legal profession and beyond.

Table of 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

Reection 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 summary 1 92

Exercise: Case summary 2 93

4 Secondary sources 97

3 Legal Institutions: How Is Law Made? 111

1 Government in Australia 113

Reection 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

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

Reection 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

3 Reception of English law 363

4 Military origins of the Australian legal system 363

5 Key concepts from English legal and constitutional history 364

6 How English legal and constitutional history apply to Australia 369

7 Adoption of English common law— from the frontier to the

Australia Acts 371

8 Federation and British remnants today 376

9 Australia: Where Do Indigenous Laws Fit In? 379

1 Historical developments in official policies relating to Indigenous

people: Exclusion and inclusion 381

Exercise: e intervention 386

2 Recognition of Indigenous rights to land 389

3 Developments since Mabo 395

4 Other forms of recognition of Indigenous rights to land 399

5 Persistent non- recognition of Indigenous laws 405

6 Alternative paths for incorporating customary law into the

common law 407

7 Filling the legal gap— treaty and sovereignty rights 414

10 Precedent: How Do Judicial Decisions Become Law? 417

1 Introduction to precedent 418

2 Key concepts in the law of precedent 420

Exercise: Low blow for a high roller 422

Exercise: Finding more than one ratio 426

Exercise: e ratio of disturbance 431

3 Applying precedent 435

Exercise: Which judgment is which? 439

4 Judicial approaches to precedent 442

Exercise: Judging Sophie 442

5 Problem solving using precedent 449

Exercise: Which precedent takes precedence? 449

Exercise: Application of precedents 450

Exercise: Distinguish the precedent 455

Exercise: Jurisprudence in precedent 457

11 Statutory Interpretation: How Do Courts

Interpret Legislation? 465

1 Introduction to statutory interpretation 466

2 Modern statutory approach 470

Exercise: ‘Make poverty history’ 476

Exercise: ‘Penalty for possession’ 478

3 Traditional common law approaches 480

4 Other tools of statutory interpretation 485

Exercise: Applying ejusdem generis 491

Exercise: Latin maxims 492

Exercise: Getting out of military service 495

Exercise: Betel nut therapy 496

5 Applying the rules of statutory interpretation 498

Exercise: Jimbo and Baba visit Parliament House 499

Exercise: No standing 500

Exercise: Double jeopardy 501

Exercise: Danny and his motorbike 503

Exercise: Supergrass 509

Exercise: Olympic ring accessorising 510

12 The Profession: What Do Lawyers Do? 517

1 Overview of Australian legal practice 518

2 Solicitors 527

Exercise: Condentiality and disclosure 539

3 Barristers 542

4 Judicial officers 554

5 Some other roles in the legal profession 556

6 Ethics 558

Exercise: Ethical decision making 560

13 Law in Society: What Are the Problems and Remedies for

Accessing Justice? 564

1 Access to justice— key issues 565

2 Access to justice for specific groups 570

Exercise 574

3 The role of legal aid 581

4 Other initiatives to promote access to justice 588

14 My Law Career: How Can I Best Prepare for It? 595

1 What is a law career ‘for’? 596

2 Is law really for me? How do I know? 599

Exercise: Am I suited to becoming a lawyer? 606

3 What kind of career can I expect as a lawyer? 608

4 Important choices of subjects and course structures 621

5 What can I do as a student to become the lawyer I want to be? 624

6 Maintaining wellbeing 628

Glossary 635

Index 645

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