Questions and Answers on Critical Methodology

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Critical methodology (max 800 words/20% overall marks) QUESTION 1 (i)In the context of legal abbreviations, what do the following stand for?

  1. H.R.L. Rev
  2. Yale L.J.

(ii)Please give a critical evaluation of appropriate online and offline methodologies you might use to accurately identify such items. Solution to Question 1 (i)Using Raistrict (2008), the legal abbreviations; (a)H.R.L. Rev means Human Right Law Review. (b)Yale L.J. means Yale Law Journal. (ii) A critical evaluation of appropriate online and offline methodologies you might use to accurately identify the journals are detailed below; Appropriate online methodologies that can be used to identify the abbreviation include electronic law indexes such as the Westlaw, Lexis and online legal abbreviation websites. Using this approach allows the simplicity and comfort of conducting the search electronically without limit. However, not all legal material is available online. The offline methodologies could includes searching the library manually using shelf-end index cards, using books on legal citations and abbreviation such as Raistrick and textbooks on English Legal System makes it possible to match this legal abbreviation to its meaning. This method is time consuming when compared with the online approach. QUESTION 2 (i)What is the difference between primary and secondary legal sources? (ii)Would primary or secondary sources be found in the volumes located for Q1(i)? Solution to Question 2 (i)The difference between primary and secondary legal sources is that the primary sources of law contain the actual text of law itself, they are the written rules that govern the behaviour with society, they can affect the legal rights of citizens and this includes the statutory law and the case law while the secondary legal sources are background resources that comment on law to supplement the primary sources and they provide enlightening value for the relevant primary sources of law (Gillespie, 2013). (ii)Yes, Both sources would be found in the volumes located for Q1(i) above. In Human Rights Law Review 2014 volume 14, at page 175-195, References were made to a case law of Sunday Times v United Kingdom and a journal article by Habermas on The Structural Transformation of the Public Sphere: An Inquiry into a Category of Bourgeois Society which are primary and secondary source respectively. QUESTION 3 Please locate a full transcript Pusey v Somerset CC (2012) then answer the following with reference to that transcript:

  1. What is the neutral citation for this case?
  1. Which judges heard the case and in which court?
  1. What factual events have motivated the appellants to bring a case?
  1. Is the court you found for question 3(b) bound by the Supreme Court?

Solution to Question 3

  1. [2012] EWCA Civ 988
  1. The judges were Ward, Longmore and Patten LJJ in the Court of Appeal, Civil Division
  1. Nuisance alleged to have arisen from the use of a strip as a lay-by
  1. The Court of appeal Civil Division is bound by theSupreme Court of the United

Kingdomwhen making decisions,

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