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Legal Methods - 2018 SEM 1

Bba llb (Karnataka State Law University)

Studocu is not sponsored or endorsed by any college or university

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MODEL ANSWERS NOV-2018

1st SEMESTER 5 YEARS B.A,LL.B

SUBJECT: Legal Methods

Duration: 2 Hours 30 Min Max Marks: 80

Unit 1:
(a): Discuss essential functions of legal process.

Introduction:

If we are to consider something manmade to decide what is in its essence, then

one reasonable approach is to consider its function in society. Of course, the word
“function” has several meanings, and to use it carelessly and indiscriminately
results in confusion. The function of any recurrent activity denotes the part it
plays in the social life as a whole and there for the contribution it makes to the
maintenance of the structural continuity.

Meaning of Function:

The term function is here being used, it will be recalled to denote that something
is intended to do, can do and actually does. The occasional failure to achieve the
essential function will not in my view make the essential function any less the
essential function. But a constant failure to achieve the essential function cannot
be accepted by the system as tolerable, nor can the failure be structured into the
system.

Significance of essential function:

The author Alan Watson says – the Motor car have many functions different one
for the different people, and may be used in varies ways. It may be status symbol,
and aid to seduction, an object of aesthetic appreciation, a means of transporting
people along roads. The last of these the author regards as the essential function
of the motor car? It can and does happen that an individual car breaks down and

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fails to be a particular of means of land transport. That would not change the
essential function of the car, nor make the car any less a car. But is something was
design in such a way that it would not be that particular means of transport, then
it would not be a car because the failure to achieve the essential function of a car
was built into it.

Another Example – the Zoologist wishing to classify animals into, for instance,
mammals, birds, reptiles, fish, and so on, will concentrate on qualities that every
member of the particular class has. Thus, an animal will be classified as a mammal
only if it is warm blooded and female secretes milk with which the new born of
the animal can be fed. Of these two characteristic – essential characteristic them
– the first, but not the second, is shared with the birds. Most mammals, but not
all, are viviparous-the duck-billed platypus lays eggs. Thus, being viviparous not an
essential characteristics of mammals, all though it is an extremely important and
prominent characteristic of virtually all mammalian species.

The Meaning of Legal Process:

To find out the essential function, to say what law must do in society, we should
look above all at law in action, since what law must do is then likely to be most
obvious. Law in action is most clearly seen in the legal process and the juristic act,
one can’t start by asking what the essential function of law in the legal process is.
Rather, one must ask first what the essential function of the legal process is itself,
and only when that is determined can one turn to the other question.

The point of the legal process is the resolution of the dispute, actual or
occasionally potential, by means of decision, to find the essential function we
must be more specific, legal process is a set of inter related procedures and rules
for deciding disputes by an authoritative person or persons whose decisions are
regularly obeyed.

The Function of Legal Process:

Few various possible functions of legal process, and then by means of examples
try to show which functions are not necessarily built into every system of law.

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 To resolve the dispute by doing or in order to do justice.

 To resolve the dispute by establishing the facts and applying the relevant
rules of law to them.
 To resolve the dispute in the interest of immediately involved parties.
 To resolve the dispute in the best economic interests of society at large.
 To resolve the dispute in the best economic, social, or political interests of
the ruling class.
 To resolve the dispute with the specific object inhibiting further
unregulated conflicts.

In all these the process achieves its function through decisions. Above all, the
function two and function 6 are different from other functions listed.

The examples that may demonstrate that a function:

When we turn to the examples that may demonstrate that a function is nor the
essential function, we should remember that what has to be shown by them is
not that, for instant – on occasion a judicial process fails to establish the facts and
settle a dispute by applying the legal rules to them, but that a whole type of legal
process is not designed for or is not properly establishing the facts and settling
disputes by applying the legal rule to them.

Trial by battle: it is also means combat, an ancient dispute dissolution method

where those in dispute would fight one another until submission or death. It
means of deciding a suit weather criminal or civil was establish in Mediaeval
Europe, in England as well as elsewhere.

Example – In the Iceland of Njal’s Saga, Mord Fiddle claims the return of his
divorce daughter’s dowry from her ex-husband, Hrut who challenges Mord to
single combat of the dowry. Mord consults his friends, and Jorund, the priests
advise – there is no need for you to ask our opinion, you know well enough that if
you fight Hrut you will lose your life as well as your money. Hrut is successful man
he his great by achievement, a very great fighter. Now here it has clear that this
type of process may work injustice. The first function is not an essential function.

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Modern Advocacy in the UK and working of legal aid: Modern advocacy and legal
aid in the UK demonstrated that function 1, 2 and 3 are not essential functions of
the legal process.

British Jury System: The jury system in Britain, which finds passionate support and
opponents is not satisfactory in all types of cases for establishing the facts and
applying the relevant rules of law to them. The jury system provides additional
support for ruling out two as the essential function of the process. Now this jury
system has abolished by UK as well as in India because it is not proper process in
all cases.

Absence of reconciliation machinery: In some systems attempts may be made to

reconcile the parties in certain types of process, particularly divorce. In other,
particularly non-western legal system, there may be a vigorous attempt to reach a
decision that both parties find acceptable or at least not insulting. Thus function
three can’t be consider the essential function.

Economic cost of modern litigation: This point clarifies the fourth essential
function. The point economic cost of modern litigation means how much costs
the parties will spend for the case. How much expenditure there. For example, in
criminal cases especially in petty crime a person charge of being drunk and
disorderly involved society. The cost of the time of the policeman who made the
arrest, and the judge who hears the case, expenses of the witnesses, running cost
of the court room and so on. And afterwards the court will impose the fine to that
person who has charge for drunk and disorderly involved in society. Fine was less
as compare to the expenditure made in this case. What kind of advantage may
accrue to society from the prosecution case and conviction of pretty criminals the
process here can’t claimed to be in the best economic interests of society at
large? Thus fourth function is also not essential function.

Actions against a monarch, government, ministers of the government and the

executive: In many countries action can be brought by private individual against
the Monarch or the Government or against governmental ministers or officers.
Such actions may be brought as freely as action against private individuals, or
they may be restricted in scope, subject matters or in the powers of compiling

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production of evidence, they may be heard in the ordinary courts of the land or
only in special administrative courts. Here function five also excluded as essential
function of the legal process.

Here from the above examples, it would seem that the essential function of the
legal process is not any of the functions listed as one to five. By the process of
exclusion only one function has so far survived the test that listed as a number six.

The settlement of dispute with specific object of inhibiting further unregulated

conflicts: Legal process arise from disputes, a dispute that is not settled so as to
inhibit further unregulated conflict will give rise to further disputes. Which would
appropriately be settled by processes that –

 If they were not settled so as to inhibit future unregulated conflict

 The meaning of this essential function of legal process, the dispute should
be resolved with the specific object that dispute should not arise in future
further unregulated conflict

(b): Write a short note.

Why the law is necessary?

General Ideas of Law (extracted from Preface)

Law is one of the institutions which are central to the social nature of man and
without which he would be a very different creature.
Civilizing forces in human society and the development of the system of legal
rules has shaped the growth of civilization.
“The highest perfection of society is found in the union or order and anarchy”
Is Law Necessary?
 Law expresses the view on Man’s nature: Inherently good or evil?
 Perspective of Man’s nature affects the purpose of the law
Evil nature - law exists to curb passion of man -
Ancient China: “A single law enforced by severe penalties is worth more for
the maintenance of order than all the words of all the sages”,

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Legists argued that man was initially evil and good ways were influenced by
the social environment (teachings, rituals, restraints, and penal laws)
India: ‘devil’s workshop’ where the ‘logic of the fish’ would win
If men were left to themselves, the world would be in chaos and big ones
will eat the little ones.
Bodin: Original state of man was one of disorder, force, and violence
Hobbes: Man is in a state of perpetual warfare
Law is essential in the society. Law is there to guide the society towards happiness
without bloodshed and in peace and harmony. Law helps us to restrain ourselves
in times of great thirst for more money or power. It curbs our greed reminding us
that there is someone or rather something out there ready to punish us if
necessary. It helps to restore the balance in the society and bring justice to the
victimized. The greatest thing about law is that all are equal before it. No man is
rich or poor in the eyes of the law. No man is more powerful than the other in the
eyes of the law. Law helps to regulate the behavior of the people. It prevents us
from descending into anarchy.
Law is dynamic. It is constantly adapting to the changing times so as to close all
the loopholes that may be left due to human error. Our Preamble states the
ideals of JUSTICE, LIBERTY, SOVEREIGNITY, FRATERNITY and EQUALITY which
constitute the basic foundation of Our Constitution. However, without law these
ideals will be constantly shattered. There will be nothing to protect these ideals.
In a world where ‘survival of the fittest’ is prevalent, and looking at the size of
human population we can say only one thing. Law is needed for survival. We
cannot go against each other as it will definitely lead to destruction. Law plants an
element of fear which may prevents in killing of fellow human beings. It gives
each one his or her own share, what they deserve.
OR
Essence of Law.

It is now time to consider whether the legal process with its decision is so
important for idea of law, and whether indeed essential. We shall first ask
 Whether in primitive society there can be law without an institutionalized
legal process.

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 Whether in developed system there can be legal rules without an

appropriate process.
 Whether it is the existence of an institutionalized process that the distinct
wishes law from other human situations.
 Whether there is an essential difference between the legal rules of a state
and rules of religious group or of a trade Union.
From these investigations, we should also learn whether any other element is
essential to law- because the process is essential to law it would not follow that
there are not also other essential elements of law that are unconnected with the
process. This will involve considering whether legal rules and legal process can
exist independently of anything that might be described as a legal system. If it be
established, as I believe it will, that the possibility of a process is the essential
element of law, we will let to consider whether the process must also always be
the central feature of law.
Rules made by the religious group, trade union or institutionalized process and
subordinate legislate also consider as a law, but these law are not superior than
the state law, these are low level law as compare to the state law, but sometime
these rules holds more benefits than the state law and for such rules are called as
good law or consider as an essential element of law.

Unit 2:
(a): Explain typical attributes of law and legal process.
Discussion of the essentials of law and legal process provides little indication of
the idea of law. In addition to the essentials features, law and the legal process
and distinguished by many other attributes, some of which though not essential.
may be designated as typical and may play a vital role in our understanding of and
our attitude to law.

Here one thing should be discussing the typical attributes of law we are
concerned with what appears to be typical to the traditional western jurist.

On this basis the most important of the typical attributes of law and the legal
process are that they form art of system.

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i) law and legal process are that they form part of system
ii) law they are created by a recognizable person or body that has the
power to make law
iii) law and legal process they are authoritative and authoritarian.
iv) Law and legal process they are backed by sanctions.

Law and legal process part of legal system:

The nature of a legal system is well indicated by Hans Kelason who claims “All
norms whose validity may be traced back to one and the same basic norms, or an
order. This basic norm constitutes .as a common source, the bond between all the
different norms of which an order consists.

Joseph Raz also gave his opinion about legal system in his book.” This work is an
introduction to a general study of legal system,”

Legal systems are comprehensive, they claim to be supreme, and they are open
system in the sense that they contain norms whose purpose is to give binding
force to norms that are not part of legal system, hence they maintain and support
other forms of social grouping.

Raz explains about some other institutions also they also have authority to
achieve the goals by forming their own norms. Those associations are sports
associations, commercial companies, cultural organization, political parties and so
on. When we come to consider the rules of trade union, sports association, and so
on, the rules of such bodies can be law, and if this is correct we are faced with a
choice between three possibilities.

They are laws if these group rules form a separate legal system

They are laws if these rules form a part of legal system

These rules may be rules law but neither constitutes nor are part of a legal
system.

In these three which is correct that will be decided by the way of kelson’s
definition of legal system. (grund norm) the rules made by these groups can be

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approved or disapproved by the state. Any judgment made by these groups

neither recognized nor enforced by state. Hence here rules of group cannot be
regarded as part of legal system.

Thus the rules made by groups form a separate legal system.

Law created by person or body of person:

“According to John Austin, every law simply and strictly so called is set by a
sovereign person, or a sovereign body of persons, to members of the
independent political society where in that political society where in that person
or body is sovereign or supreme.

Here this is another typical attributes of law says that law should be created by
person or body of person John Austin gave his definition about law. Law should be
created by sovereign and commands of sovereign and every one are bound to
obey these order. if anyone fails to obey the rules or order then they will be
punished.

H.LA. Harts, declare that International law doubtful in case of law because
international law lacks a legislature, hence international law is not the true law it
is customary law.

Laws are authoritarian and authoritative:

This third typical attribute of law here will see the meaning of authoritarian and
authoritative.

Authoritarian means that those in charge of the law and the process claim
authority on account over the behavior of the parties to the dispute and assert
that parties must assent to the decision reached in the process and abide by it.

Authoritative means that those in charge of the law and the process insist that no
other body has the right to claim authority over the behavior of the parties and
their legal decision in correct because it is their decision.

Here the it means that law is supreme here law is having authority to control the
behavior of the individuals in the society and it solve the disputes between the

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parties and provides justice to the needy person and punished the wrongdoer and
no other body have this authority except law.

Here the attribute authoritative and authoritarian is absent in international law

and laws of religious groups or trade union.

Laws backed by sanctions this is fourth attribute of law:

According to Austin laws made by sovereign are backed by sanctions. Here

sanctions mean punishment, every law should contain sanction if law backed with
sanction then it creates fear in the mind of the people to obey it otherwise they
will be get punishment.

This point has critisised all laws are not backed by sanctions.

Examples; civil law, and international law

Law obeyed by people to regulate their behavior.

This is the final attribute of law l is that the people regulate their behavior by it, in
other words law is obeyed law regulates the behavior of human beings in society
and every one should obey the law, to conduct the good behavior in society and
peace and order in society.

Hence here I concluded that these above discussed points are typical attributes of
law.

(b): Write the short note.

Explain legal rules (Law) and society.
Introduction:
Law and society are related to each other. Nothing can explain without any of
them. Society becomes the jungle without the law. Law also needs to be changed
according to the changes the society faces, because without the necessary
changes law cannot keep pace with society. Without the control of the law, the
society became the jungle or at least barbaric. So, to keep the society peaceful,
we need to create a harmonious relationship between law and society.

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What is Law:

Law is the command of the Sovereign. Law must flow from a determinate person
or group of persons with the threat of displeasure, if it is not obeyed. As we know,
Sovereignty is only part of the state. So, we can say that Law is used to denote
rules of conduct emanated from and enforced by the state.

According to Holland, Law is “a rule of external human action enforced by the

sovereign political authority."

According to Salmond, “Law is the body of principles recognized and applied by

the State in the administration of justice".

So we can say that law must have three characteristics which are given below:

Law has its sovereign authority,

Law is accompanied by sanctions,

The command of law should compel a course of conduct. Being a command the
law must flow from a determinate person or group of persons with the threat of
displeasure, if it is not obeyed.

What is Society:

A community or a group of persons, living in any region, who are united by some
common bond, is known as society. A society is a group of people related to each
other through persistent relations such as social status, roles and social networks.
They also share the same geographical territory and subject to the same political
authority and dominant cultural expectations. Common bond is some kind of
uniformity of factors like nature of the people, habit, custom, beliefs, culture, etc.
This common bond helps the members of the society to form the rules of social
behavior. The punishment of disobeying the social rules is come from in the form
of social disapproval. The punishments are generally excommunication or
ostracism.

Relationship between Law and Society:

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Theorists have traditionally maintained that there are certain broad on the
substantive criminal law. One set of such constraints concerns the sorts of
behavior that may legitimately be prohibited. Is it proper, for example, to
criminalize a certain kind of action on the grounds that most people in one’s
society regard it as immoral? The other set of constraints which concern what is
needed in order to establish criminal responsibility that is liability, independently
of the content of the particular statute whose violation is in question.

Legal system reflects all the energy of life within in any society. Law has the
complex vitality of a living organism. We can say that law is a social science
characterized by movement and adaptation. Rules are neither created nor applied
in a vacuum, on the other hand they created and used time and again for a
purpose. Rules are intended to move us in a certain direction that we assume is
good, or prohibit movement in direction that we believe is bad.

The social rules are made by the members of the society. Disobedience of the
social rules is followed by punishment of social disapproval. There is no positive
penalty associated with the violation of rules except excommunication or
ostracism. On the other hand, Law is enforced by the state. The objective of law is
to bring order in the society so the members of society can progress and develop
with some sort of security regarding the future.

The state makes laws. Disobedience of state laws cause penalty, which is enforced
by the Government by the power of the state which is not enforceable is not Law.

Unit 3:
(a): Discuss different types of Law.
1. Introduction:
Etymological meaning of classification is “the process of putting something into
category” or the basic cognitive process of arranging into classes or categories.
For a proper and logical understanding of law its classification becomes necessary.
As it elucidates the way of systematic logical structure of the legal order. It
explicates the inter relation of rules and their effect to each other. It analysis the
law that intern is helpful in codification of laws it is an arrangement of rules in a
concise and systematic way.

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2. Classification of Law: A chart Presenting the above classification is as below: -

(1) International Law, and

(2) Municipal or National law

International law: - The Present form of international law is of recent origin some
earlier Jurist were of the view that the international law is not law as it lacked
many elements which law should have. Austin and his supporters were of this
view. Some says international law is law and it is superior to the municipal law
Kelson supports this view.
What is International Law?
The legal Process that concerns legal relations among nations is called
international law. Belief and experience some form international law dates from
at least the days of the Roman Empire.
The united nation is are of the Primary mechanism that articulate and create
international law.
The major sources of international law are multilateral Treaties, international
custom and such General Principles as are recognized by civilized nations.
According to some Jurists international law may be divided into two classes.

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(1) Public international law, and

(2) Private international law

1. Public international law is that body of rules which govern the conduct and
relations of States with other, really speaking; the term international law is used
for this class of law.
2. Private international law means those rules and Principles according to which
the cases having foreign element are decided for example, if a contract is made
between an Indian and Pakistani and it is to be performed the rule and Principles
on which the rights and liabilities of the Parties would be determined would be
called Private international law. This class of law is called “Conflict of laws” also.
After knowing the field of application of this class of law, it is clear that the
adjective “international” is wrongly given to it because it applies to individuals
and not to States and these rules and Principles (called Private international law)
vary from State to State and thus lacked uniformity. This class of law is enforced
by municipal courts which administer municipal law and not international law, so,
such a law does not process the characteristics of international law.

In modern times this class of law has gained much importance and every States
has made rules for its administration. Therefore, it must be properly classified. It
is submitted that it should be given the name “Conflict of Laws” and not private
international law and should be treated as a branch of municipal Private law and
should be classified as such.
3. The Municipal law, Law of land, Civil law, or law applied within a State is
divided into two classes: -

(A) PUBLIC LAW

(B) PRIVATE LAW

A) PUBLIC LAW: - The State activities are largely regulated by Public law. It
determines and regulates the organization and functioning of the State and
determines the relation of the State with the subject. public law may be divided
into three classes: -
(A) Constitutional law
(B) Administrative law and
(C) Criminal law

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(A) Constitutional law: By constitutional law is meant that law which determines
the nature of the State and the Structure of the Government. It is above and
superior to the Ordinary law of the land. Constitutional law is the basic law or
fundamental law of the State. The constitutional law may be written as in India or
unwritten as in England. In modern times there is tendency to adopt written
constitution.
(B) Administrative Law: - Administrative law deals with the structures powers and
the functions of organs of the administration, the limits of their Powers, the
methods and Procedures followed by them in exercising their powers and
functions; the methods by which there power are controlled including the legal
remedies available to a person against them when his rights are infringed by their
operation.
(C) Criminal law: - Criminal law defines offences and prescribes punishment for
them. Its aim is the prevention of and punishment for offences. Criminal law is
necessary for the maintenance of order and peace within the State. In civilized
societies crime is considered to be wrong not only against the individual (who has
been wronged) but a wrong against the society. Therefore, the State initiates the
proceedings against the offender, and thus it is always a party in criminal cases.
This is why the criminal law is considered as a branch of public law.
(D) Private Law: - This branch of law regulates and governs the relations of
citizens with each other. The parties in such cases are private individuals and the
State through its judicial organ adjudicates the matters in dispute between them.
In these cases, the State takes the position of only an arbiter. But it does not
mean that the State regulates all the conducts and relations of the citizens but
regulates only such of them as are of public importance and these relations
(which State regulates) constitute the civil rights of the citizens. The major part of
municipal law consists of this branch of law but in Totalitarian States the public
law regulates the major part of the social life.

In the Classification of private law there is great difficulty. Different Jurists have
given different classification; a very General classification is as follows: -

1. The law of Persons

2. The law of Property
3. The law of obligations
4. The conflict of laws

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The law of obligations is divided into three classes.

(i) Contract
(ii) Quasi contract, and
(iii) Tort

The classification is only substantive law. The procedural law and Evidence are
also the branches of the Private law.

OR

Explain the kinds of legal materials.

Introduction:

There are basic two types of legal materials, primary and secondary. Primary legal
materials are authorized statements of the law issued by branch of government.
They include statues, cases and regulations – the law itself. The secondary legal
materials provide commentary and interpretation of the law and include law
materials as law review articles, legal encyclopedias and treatises.

PRIMARY RESOURCES:
$ CONSTITUTION OF INDIA
$ LEGISLATION-INDIA
 Gazette of India
 Acts of Parliaments
 Bills of Parliaments
 Local Laws of all States

$ CASE LAW
INDIAN REPORTS
(a) Supreme Courts
 All India Reporters (1914 onwards)
 Supreme Court Reports (1950 onwards)
 Judgment Today (1980 onwards).
 SCALE (1970 onwards)
 Supreme Court Cases (1969 onwards)

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(b) Indian Higher Courts

 All High Courts Reports since their inception

SECONDARY SOURCES:
$ LEGAL ENCYCLOPAEDIAS
 Halsbury’s Laws of England
 Halsbury’s Laws of India

$ LEGAL PERIODICALS
$ DIGESTS
 Supreme Court Yearly Digest (SCC).
 A.I.R. Yearly Digest

Constitution of India:

An official copy of the Constitution of India is always available with the office of
the Controller of Publications (Government of India. Delhi) and its branches and
authorized agents. The government issues a new edition almost every two or
three years as there are amendments to the Constitution from time to time. As
the amendments are quite frequent. it is always advisable to check further
amendments. if any. after the date of publication of the new edition. For this
purpose, one has to consult the Acts-section of the Gazette of India about which a
mention has been made in the following pages. It is quite likely that some bill
might have been introduced in Parliament but did not become an Act. It may be
necessary to make a reference to such a bill which can be found in the Gazette of
India-Part 2 Section II. Sometimes in the course of research it becomes necessary
to refer to the draft Constitution. The official publication of the same is called
Draft Constitution of India (1948) (prepared by the Drafting Committee of the
Constituent Assembly) and is available with the Controller of Publications.

Legislation of India:

The current legislative material, i.e., bills, Acts, rules, notifications, orders etc. are
published in the Gazette of India. Not all sections of the gazette are of use for
legal research. Only some of them may be relevant. The contents of the gazette
are given below so as to give an idea 'as to what it contains:

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PART I - Section I-Notifications relating to Non-Statutory Rules, Regulations,

Orders and Resolutions issued by the Ministries of Government of India (other
than the Ministry of Defense) and by the Supreme Court.

PART II - Section I-Acts, Ordinances and Regulations.

PART III - Section I-Notifications issued by the high courts, the Comptroller and
Auditor General, Union Public Service Commission, the Indian Government
Railways and by Attached and Subordinate Offices of the Government of India.

PART IV - Advertisements and Notices issued by Private Individuals and Private

Bodies.

Case Law:

The judicial system 10 India is now well knit into a hierarchy of courts. with the
Supreme Court at its apex. Article 141 of the Constitution provides that the law
declared by the Supreme Court is binding on all courts in India. Though there is no
similar provision with regard to the High Courts. it is well settled that the courts
subordinate to the High Courts are bound by their decisions. As a result, the
doctrine of precedent has been well established in India and it ensures uniformity
and certainty. This has necessitated a systematic reporting of the judgments of
the Supreme Court and High Courts. even though an unreported judgment can be
cited as an authority. An impressive account of the history of law reporting in
India and various law reports of earlier days is found in the fourteenth report of
the Law Commission of India."

Examples:

(a) Supreme Courts

 All India Reporters (1914 onwards)
 Supreme Court Reports (1950 onwards)
 Judgment Today (1980 onwards).
 SCALE (1970 onwards)
 Supreme Court Cases (1969 onwards)
(b) Indian Higher Courts
 All High Courts Reports since their inception

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LEGAL ENCYCLOPAEDIAS:

Matter in the legal encyclopedias is also arranged in the same manner as in

general encyclopedias. They are the treasure house of knowledge on various
subjects. The entire law is divided into different legal topics. The articles in the
encyclopedias give a learned account of various subjects. But this again has to be
supplemented by other materials like textbooks, enactments and decided cases
published after the publication date of the set.

LEGAL PERIODICALS:

An indispensable tool of legal research is the law journal. Legal writings in law
journals are a rich source of information on a particular point and can be used by
a researcher in several ways. The basic advantage of an article over a textbook is
that it deals with a specific area in depth. There are very few law journals
exclusively devoted to legal writing in India. Generally, these periodicals contain
cases, legislative material. articles. case comments and book reviews.

DIGEST:

Digests play an important role in collecting cases on a particular subject. A

textbook no doubt contains cases on the subject, nonetheless the author may
omit cases not considered relevant by him and the case law may not be up to
date. The main function of the digests is to refer to all the reported cases on the
subject so that one may go through them.

(b): Write the short note.

Use of Law library.

A law library contains highly specialized materials, and this requires special skill to
handle. Basically legal material consists of statutory law and reports of decided
cases. Both these types of legal materials relate to the "authority" and
"precedent" respectively. Hence any type of research will not be complete unless
these materials have been scanned through. "The term statutory law is more
inclusive than is generally considered by the term in popular parlance for it
includes not only legislative enactments but constitutions, treaties, court rules,

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interstate compacts, municipal ordinances, and administrative rules and

regulations.

Any law library has to be well equipped with regard to these two basic materials.
These materials may equip the reader not only with what the law is but also help
him understand that in a complicated society with complex laws, he may have to
take recourse to such secondary materials as text books, reference books and
articles. For a research library these materials may have to be in abundance, but
in addition such a library has to contain materials in allied fields such as history,
political science. anthropology, sociology and economics and also in comparative
law. The task of a researcher is not only to find the existing law but also to
examine alternative solutions to a problem and to suggest reform in law.

A fresher who goes to a law school cannot manage by reading only the textbooks
which are just a part of the material meant for legal education. He has to prepare
himself fully to handle the complicated legal literature. "With the mass of
material that has to be covered in the classroom, and normally in large classes at
that, only the surface can be skimmed, while the library is there to give the
student his opportunity to develop depth of thought and to discover the fun of
starting to become an expert in his chosen field.

A person who wishes to use a law library and wants to make best use of it must
know how to use it. He should have a general idea of the types of books a law
library usually contains. He should know where to look for the materials for
research and also about the guides and aids which would facilitate to locate the
materials. In the words of Professor Frederick Hicks "Skill in the use of law
books...is a requisite of a successful legal career, along with ability to understand
the intricate wording of a statute, to follow the reasoning of a judicial decision, or
to build up a theory of a case by original thinking.... What I refer to is skill in using
law libraries, that is, books in the mass. A law library is not merely a collection of
books. It is a collection of legal literature properly housed, and organized for
service."

OR

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Methods of study.

Method of study refers to the way in which once study a particular subject. A
lawyer or a student or even a researcher must follow certain methods to study in
order to memorize the things which his going to study. Few of methods to study
listed below,

 Learning of law through the medium of text books

 Case books
 Lectures and classes
 Group discussions

Learning of law through medium of text books: For a researcher working on a

new problem it is advisable to start with the textbooks on the subject. This will
not only give the reader a proper idea of the subject but also enable him to find
out several other sources of study and decided cases on the subject. After this has
been done the research may be brought up to date by scanning the latest cases,
subsequent legislative changes, articles and other materials. Textbooks are also
the best source of understanding the basic principles on the subject. Though they
are the secondary source of research, they are indispensable for having a
perspective of the problem and of the basic materials available on the subject. A
textbook suffers from the limitation of space as it covers a broad area in a
compressed form. The research may not only be incomplete but misleading as
well if other legal materials are not consulted and used.

Case Books: A case book is a type of text book used primarily by law students
rather than simply laying out the legal doctrine in a particular area of study, a case
book contains experts from legal cases in which the law of that are was applied.

Lectures and Classes: Lectures may be said to possess several merits as means of
instructions. They can quicken interest. To listen to a competent lecturer makes a
welcome change from the reading of books. The lectures, too, can help his
audiences by giving the basis and essential of the subject, elucidating the broad
principles and indicating what is matter of detail. The habit of taking notes in a
classroom certainly improves student in his acquisitions of knowledge.

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Group discussion: It is another method of study, several pupils sit together and
discuss various topics helps each other to understand the subject more easily. The
students distribute the topic among themselves and discuss it in the next day
helps them to remember better because they have to study and explain it to
others. Which provokes them to study with greater velocity.

Unit4:
(a): What is literal interpretation? Explain.
The literal rule is the primary rule which takes precedence over the others. Under
this rule the judge is asked to consider what the legislature actually says rather than
considering what it might mean. Words and phrases should be construed by the
courts in their ordinary sense and the ordinary rules of grammar and punctuation
should be applied. In order to achieve this, it is up to the judge to give words in
legislation their literal meaning even if, the effect of this is to produce what might
be considered as an unjust outcome, ie., effect should be given irrespective of its
consequences. Example- fisher v. bell, the shopkeeper had a flick knife on his shop
window with a ticket bearing words “ejector knife”. Under the restriction of
offensive weapons act 1959 sec 1(1), “it was illegal to manufacture, sell, hire, or
offer for sale or hire or lend to any other person any knife……”, the claimant alleged
that the defendant shopkeeper had contravened sec 1(1) by offering the flick knife
for sale. It was held by the court that displaying the knife was merely on invitation
to treat, not an offer for sale and thus no liability arose. The lack of the words
“exposing for sale” in the restriction of offensive weapons act 1959 suggested that
only a true offer would be prohibited by the act.
This rule can be explained under the following head:
a) Natural and grammatical meaning: the words of a statute should first be
understood in their natural, ordinary or popular sense and phrases and
sentences are to be construed according to their grammatical meaning,
unless that leads to some absurdity or object of the statute suggests the
contrary.
It there is no ambiguity and the intention of the legislature is clearly
conveyed, the court should give effect to it and not try to amend it.

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Ramavtar v. assistant sales tax officer, the act of sale of vegetable does not
attract sales tax. Therefore, when an assistant sales tax officer wanted to tax
the sale of betel leaf, a vendor objected on the ground that betel leaf was a
vegetable. He claimed exemption. To advance his argument, he relied on the
dictionary meaning of vegetable in the Shorter Oxford Dictionary and text
books on botany. The SC did not accept the scientific or dictionary meaning
of the word vegetable and observed that it must be construed not in any
technical sense nor from a botanical point of view, but as understood in
common parlance. It held: It has not been defined in the Act and being a
word of everyday use it must be construed in its popular sense, meaning that
sense which people conversant with the subject matter with which the
statute is dealing would attribute to it. It is to be understood as understood
in common language. In this view, betel leaf was not a vegetable but a
condiment. Not being a vegetable, it could not enjoy exemption from sales
tax.

The judgment lays down the basic principle that a vegetable is one that in
market parlance is known as such. This is the definition of vegetable for fiscal
laws, but not so for students of botany who would regard betel leaf as a
vegetable. So the definition depends upon who asks the question. For a
botany student, betel leaf is a vegetable, but not so for a tax collector.
Therefore, the sale of betel leaves was liable to sales tax.

b) Exact meaning preferred to loose meaning: it is presumed that words used

in the statute are used correctly and exactly and not loosely and inexactly.
Example- the exact meaning of the word contiguous is touching and whereas
its loose meaning is neighboring.
Every word has a secondary meaning too. Thus court should be careful not
to mix up secondary meaning with the loose meaning. If secondary meaning
points to that meaning which statute meant, then preference should be
given to it only.
c) Technical words in technical sense-
(i) special meaning in trade, business etc- according to this words are to be
understood in their subject matter. Thus in case of legislation relating to a
particular trade, business, profession or science words having a special
meaning in that context are understood in that sense only. Example- the
term “waist” are well known terms applied to a ship and nobody would think

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of their meaning to the waist of a person when used in an act which deals
with ships.
(ii) legal sense of words-when words acquire a technical meaning because of
their constant use by the legislature in a particular sense or because of their
authoritative construction by superior courts, they are understood in that
sense only when used in a similar context in subsequent legislation.
OR

Define ratio Decidendi with the help of decided cases.

The Ratio Decidendi of a case is the principle of a law on which a decision is

based. When a Judge delivers Judgments in a case he outlines the facts which he
finds have been proved on the evidence. Then he applies the law to those facts &
arrives at a decision, for which he gives reason (Ratio Decidendi).

In order for the Doctrine of Judicial Precedent to work, it is necessary to be able

to determine what a point of law is. In the course of delivering a Judgement, the
judge will set out their reasons for reaching a decision.

The reasons which are necessary for them to reach their decision amount to the
Ratio Decidendi of the case.

The Latin term ‘Ratio Decidendi’ means the rationale for the decision & refers to
that part of the Judgement which is delivered at the end of a case. Example
Plaining the reasons for the decision.

The Doctrine of precedent would not be able to operate if it were not for the
requirement that the legal reason for past decisions must be stated. It is this part
of the Judgement which sets a precedent for other judges to follow.

Culling out ratio from a Judgement is difficult. A through reading of an entire

Judgement is required to identify a ratio.

Example: A couple leave their dog in their car while they pop out a shop. For an
unknown reason, the dog gets excited & starts jumping around. There was no
issue that the dog was suffering from dehydration or being overheated. The dog

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paws the rear glass window. It shatters & a shard of glass files off and
unfortunately, into the eye of a passerby, who later has to have his eye of a
passerby, who later has to have his eye removed. Here the court held that the
couple were not liable since it was an unforeseen event. People will be held liable
only if they caused others harm by doing something that could be reasonably
foreseen as likely to cause harm. Thus the couple did not pay compensation.

The Ratio Decidendi of this case is – Where harm was caused to a pedestrian by a
dog smashing the window of the car in which it was and where this sort of
incident was unforeseeable, the defendants were not liable.

Example 2: R vs Cheshire It was an attempt to murder case and the issue at hand
was whether a negligent medical treatment should alter a defendant’s criminal
responsibility. The decision itself was that the defendant’s conviction for murder
was upheld. i.e., irrespective of the negligent medical treatment given to the
victim, the accused was held guilty of murder. The Ratio Decidendi was – poor
medical treatment does not excuse the action of the original defendant. The
victim only requires medical treatment because of the actions of the defendant
and therefore it would be inappropriate to excuse these actions just because of
the medical treatment

Example 3: Donoghue Vs Stevenson – in this case defendant was a manufacturer

of Ginger beer. He allowed a bottle of ginger beer to go in the market with the
remains of snail under it. The ginger beer bottle was supplied by the retailer to
customer who became seriously ill on consuming the contains, where the remains
of snail was present. The prepositions laid down in this case are –

 Manufacturer of a products owes duty to the customer to take reasonable

care
 A party must take reasonable care to avoid acts or omissions likely to injure
customers

These above points are Ratio Decidendi in this case.

Tests to determine ratio decidendi of a case:

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Wambaugh’s Test

The Inversion Test propounded by Wambaugh is based on the assumption that

the ratio decidendi is a general rule without which a case must have been decided
otherwise. Inversion Test is in form of a dialogue between him and his student. He
gave following instructions for this:

1. Frame carefully the supposed proposition of law.

2. Insert in the proposition a word reversing its meaning.

3. Inquire whether, if the court had conceived this new proposition to be good
and had had it in mind, the decision could have been the same.

4. If the answer is affirmative, then, however excellent the Original Proposition

may be, the case is not a precedent for that proposition.

5. But if the answer be negative, the case is a precedent for the Original
Proposition and possibly for other propositions also.

Thus, when a case turns only on one point the proposition or doctrine of the case,
the reason for the decision, the ratio decidendi, must be a general rule without
which the case must have been decided otherwise[2]. A proposition of law which
is not ratio decidendi under the above test must, according to Wambaugh,
constitute a mere dictum.

Goodhart’s Test:

In 1929, Goodhart had argued that the ratio of a case must be found in the
reasons for the decision and that there is no necessary connection between the
ratio and the reasons. He laid down following guidelines for discovering the ratio
decidendi of a case:

1. Ratio decidendi must not be sought in the reasons on which the judge has
based his decision.

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2. The reasons given by the judge in his opinion are of peculiar importance, for
they may furnish us with a guide for determining which facts he considered
material and which immaterial.

3. A decision for which no reasons are given does not necessarily lack a ratio;
furthermore, the reasons offered by a court in reaching a decision might be
considered inadequate or incorrect, yet the court’s ruling might be endorsed in
later cases – a ‘bad reason may often make good law’.

4. Thus, ratio decidendi is whatever facts the judge has determined to be the
material facts of the case, plus the judge’s decision was based on those facts. It is
by his choice of the material facts that the judge creates law.

If we accept Goodhart’s conception of ratio decidendi, we could explain why

hypothetical instances are unlikely to be accorded the same weight as judicial
precedents as hypothetical instances are by definition obiter dicta. Also, this
conception of ratio decidendi links the doctrine of precedent with the principle
that like cases be treated alike. Any court which considers itself bound by
precedent would come to the same conclusion as was reached in a prior case
unless there is in the case some further fact which it is prepared to treat as
material, or unless fact considered material in the previous case is absent.

(b): Write a short note.

Obiter dictum.

The Latin term obiter dicta means “things said by the way,” and is generally used
in law to refer to an opinion or non-necessary remark made by a judge. In a legal
ruling, made by a higher court, the actual decision becomes binding precedent.
Remarks about such things as how the court came to its decision are not binding,
and it is to these that the term refers. To explore this concept, consider the
following obiter dicta definition.

Obiter dicta are additional observations, remarks, and opinions on other issues
made by the judge. These often explain the court’s rationale in coming to its

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decision and, while they may offer guidance in similar matters in the future, they
are not binding.

It is not always obvious when reading a court’s written decision what is obiter
dicta, and what is ratio decidendi, yet this is crucial to knowing what portions of
the decision are binding precedent. To aid in this determination, American legal
scholar Eugene Wambaugh proposed what is now referred to as Wambaugh’s
Inversion Test. This test holds that the following question be asked about suspect
portions: would the decision have been different if the statement had been
omitted. If the answer is “yes,” then that statement is a critical part of the
decision, and is therefore ratio decidendi.

Example: Julia, who purchased an Acme washer and dryer set, was disappointed
when only a month later the washing machine stopped working. Having been told
that the appliance had a one-year warranty against manufacturer defects, she
attempted to make a claim to have her washing machine repaired or replaced.
The Acme company denied her claim, saying that she had not responded with a
message saying she had accepted the company’s terms and conditions for
warranty service, and she was therefore not eligible. Julia filed a civil lawsuit in
her attempt to hold the company responsible to fulfill the warranty.
In the court’s decision, which was rendered in favor of Julia, the court explains:
“If I lost my dog, and advertised that I would pay $1,000 to anyone who brought
the dog to my home, could I deny the reward to the neighbor who found and
returned him, on the basis that he hadn’t written to me formally accepting my
offer? Of course not.”
This case is about a defective appliance, and its warranty, not a dog. The court’s
analogy is obiter dicta, as it is not crucial to the court’s ruling, but given only by
way of explanation. If the dog analogy had been left out, the court’s ruling would
be exactly the same.
OR

Mischief rule of interpretation.

This rule was initially set out in Heydon’s case when applying this rule, the courts
are obliged to consider the following -

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1) What was the law before the statue was passed.

2) What was the mischief that the law did not remedy?

3) What was the remedy of the parliament / statue intended to provide?

4) What was the reason for the remedy?

This rule gives the court a justification for going behind the actual wording of a
statue in order to consider the problem that the particular statue was aimed at
resolving.

An example of where the mischief rule has been used is found in the case of
Crockery Vs Carpenter - The defendant was riding his bicycle while under the
influence of alcohol. Sec12 of the Licensing Act 1872 made it an offence to be
drunk n charge of a 'carriage' on the highway. The act made no reference towards
the bicycles. The court chose to use the mischief rule to decide on this matter.
The purpose of this act was to prevent people from using any form of transport
on a public highway while in a state of intoxication. The bicycle was clearly a form
of transport and therefore the user was correctly charged.

In Smith v Hughes (1960), the defendants were charged under the street offences
act (1959) with soliciting in a public place. The prostitutes were soliciting from
windows, technically not a public place. The Mischief Rule was applied to
interpret that the prostitutes were doing what the statute was trying to abolish so
they were convicted.
The main advantage of The Mischief Rule is that it closes loopholes in the law and
allows laws to develop. The main disadvantage is that it creates a crime after the
event has taken place, which can be seen in the Smith v Hughes (1960) case. It
allows judges to apply their opinions and prejudices - an infringement on the
separation of powers.
When comparing the three rules there are differences and similarities. The Literal
Rule is the basis of all cases. By providing no scope for the judges input, it upholds
the separation of powers and respects parliamentary supremacy. However, its
inflexibility can also create injustices.

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The Golden Rule tries to compliment the Literal Rule by allowing judges to change
the meaning of statutes in order to give justice. However, this infringes the
separation of powers.

The Mischief Rule gives the most discretion to judges and is suited to specific,
often ambiguous cases. The rule allows statutes to be refined and developed.
However, the increased role of the judge means that his views and prejudices can
influence the final decision.

Unit5:
(a): Explain working out of problem.

Introduction:

It is not easy even for an intelligent candidate in the heat of the examination to
show the calm judgement that answering a problem question requires. It is, there
for, most important to train oneself in problem answering well in advance. In
doing this the student will not merely be preparing in the best possible way for
the examination, this practice will also be developing the mind as a working
instrument and preparation for later legal life. The technique of solving academic
problems is almost the same as the technique of writing legal opinion upon a
practical point. The chief difference is that in practical problem the material facts
often lie buried in much larger mass of immaterial detail, while examination
problem should contain comparatively little beyond the material facts. Below are
the best way or approach of solving a problem listed -

First paragraph:

When you read the question, try to recall the relevant provisions/sections of
law/Act. In the 1st paragraph you have to write those provisions of law on which
the question is based. In case of questions based on Accounting Standards, you
have to write the relevant extract/matter of the Accounting Standard. And if you
can also mention the paragraph number of Accounting Standard, do mention it. It
makes a very good impression.

Many a times, the question is based on a specific case law

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e.g. In Contract Act - Balfour vs. Balfour

In Companies Act-Saloman vs. Saloman & Co. Ltd.

In these kinds of questions, our answer remains incomplete till we don’t cite that
particular case law.

The aforementioned case laws are landmark case laws which have set some
principals. Starting your answer with these kinds of fundamental principles and
correlating them to the pertinent sections/provisions, which you are going to
mention in your answer, depicts your understanding of the law.

So, in these kinds of questions, you can directly start your answer with a
reference to that particular case law, provided you remember it. It will show that
you have correctly interpreted/understood the question and the examiner will
certainly get impressed. Mentioning the correct case law will surely fetch you high
marks. If you don’t cite a case law, your marks won’t be deducted. But if you
mention a wrong case law, your marks will be deducted.

Your answer should start like this if you remember that particular case law. The
very first line should be
“The question is based on the principals set in the case of ____” The question is b
ased on the principals set in the case of ____”

Your answer must start like this if you remember the section number

“As per Sec.___of _____Act, ___ (year)”

And your answer should start like this in case you do not remember the section
number

“As per the provisions of ____Act, ___ (year)”

Asi already said, never write wrong section number and never mention a
fake/imaginary case law because the examiner is not a fool. If you do this, he/she
may get angry and you can be the sufferer. Case laws and section numbers should
form part of your answer only when you are confident about them. Be extremely
cautious about it.

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Second Paragraph:

In the 2nd paragraph, write the facts and circumstances of the given case. Write,
what is given in the question.

Your wordings can be-

“Inthepresentcase” or “Inthegivencase” or “Intheinstantcase”

Third Paragraph:

Finally, you have to arrive at a decision by comparing 1st paragraph and 2nd
paragraph i.e. what is written in law and what is the present case. This is the most
important part of the answer.

You should make a right decision.

Support your decision with a case law, if any. This is crucial. Quoting an
appropriate case law strengthens the quality of answer and makes the answer
elegant and complete. Mentioning a relevant case law also justifies the reached
decision.

In nutshell, this is how your answer must be presented:

1st Para : Relevant Provisions/Sections and Fundamental principles (You can

straight away start your answer with a case law in some cases)

2nd Para : Facts and circumstances of the given case

3rd Para : Analysis, Decision and Conclusion with a case law, if any.

So this is the manner in which a professional examination question must be

answered. If you follow it, you will definitely score high.

OR

Answering in examination.

An examination (exam) is a test. It is an assessment to measure a test taker's

knowledge, skill, aptitude, physical fitness, or standing in some other topic. It is a

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set of question that finds out student's knowledge on various topics or fields.
Examinations change and evolve. It is very important to following certain methods
or approaches while writing or answering an exam, few of them listed below

 Practice Past Papers

 Read all questions carefully
 Manage your time
 Structure your answers
 Explore both sides of an argument
 Review your answers thoroughly

1. Practice Past Papers:

There really is no better way to get exam ready than by attempting past papers.
Most exam bodies should have past papers available online but your teacher will
get you started on these in class.

This process isn’t just about preparing an answer for a specific question, it’s
about understanding how you approach a question in an exam, how to structure
your answer, the timings you should assign and what information will get marks.

2. Read All Questions Carefully

The stress of the situation can cause you to misread a question, plan your answer
out, start writing your response and then realize you made a mistake and wasted
vital time. Even though you generally won’t be writing answers to every question
on the paper, reading all questions thoroughly will ensure you make the right
choices and can highlight how much you know about the topic.

Don’t forget to attempt all questions that you have selected. However, be careful
of MCQ questions with negative marking. If you’re not sure of the answer you
could cost yourself some valuable marks.

3. Manage Your Time

This is where you need to be strict on yourself. Once you have assigned a time
limit for each question, you MUST move on once you hit it or you won’t be able to
give the next question your full attention.

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Remember to leave yourself some time at the end to go back over your answers
and add in little notes or pieces of information about the topic. You never know,
this could help bump you up a grade!

4. Structure Your Answer

Don’t just jump into writing your answer. Take the first few minutes to plan the
structure of your essay which will save you time when you are delving into meaty
parts. Always stay on topic; if you’re discussing the role of women in society as
portrayed by the author in Of Mice and Men, don’t digress and start outlining
other themes in the book for example.

Most essays should have an introduction, three main points and a conclusion. A
lot of students see a conclusion as a final sentence to finish the piece off. A strong
conclusion gives an A grade student the chance to shine by bringing everything
together and fortifying their opinion.

5. Explore Both Sides of an Argument

Building your argument in the main body of your exam answer will give your
overall opinion credibility. English language questions, for example, encourage
you to explore both sides of an argument and then conclude with a critical
analysis of your answer.

Many questions you approach will look as though they seek a straightforward
answer but in reality they want you to fully outline a structured essay. Don’t fall
into the trap of providing a one-sided view, get your hands dirty and open your
mind to other possibilities.

6. Review Your Answers Thoroughly

Smart students can still make the mistake of handing their answer book in
without checking through what they have written. Proofread your answers as
much as you can to correct any spelling mistakes and add any extra
comments you think are worth mentioning.

(b): Write a short note.

Method of writing assignment.

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Assignment writing:

THE BASIC STRUCTURAL ELEMENTS OF YOUR ASSIGNMENTS ARE:

1. COVER PAGE 4. MAIN TEXT/BODY

2. CONTENTS PAGE 5. CONCLUSION

3. INTRODUCTION 6. REFERENCES

THE COVER PAGE:

Students may design their own cover page (selection of different fonts, addition
of graphics etc.). However, the minimum information that must be on your cover
page is shown below. An assignment without the plagiarism statement will not be
accepted. (You may copy the required information from the box below by
highlighting the text and copy and paste it into your document.)

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THE INTRODUCTION:

Tells the reader what the assignment is going to be about.

· Provides the reader with the necessary background for what is to follow (i.e.
a set of signposts).

MAIN TEXT/BODY

· Tells the reader what the paper is about.

· Should contain a logical development of the argument.

· Write to a predetermined plan and structure.

· Gradually build up your case.

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· Keep your focus on the problem; don’t get sidetracked.

· Be critical and analytical in your approach.

CONCLUSION or RECOMMENDATION

· Reminds the reader what the paper has been about.

· Should be precise and straightforward.

· Make sure your argument in the body of the assignment supports your
conclusion.

REPORT PRESENTATION – KEY ELEMENTS:

PRELIMINARIES: MAIN TEXT:

Cover sheet Main Body

Table of Contents · Chapters

· List of Tables & Charts · Sections

· List of Acronyms · Subsections

· References · Tables

Introduction · Charts/Graphs
Conclusion APPENDICES

REFERENCES

PRESENTATION – WHAT ELSE IS IMPORTANT?

· Text should be word processed rather than handwritten.

· Leave an adequate margin (left 3 cm and right 2 cm)

· Write on only one side of the page.

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· Always keep a hard copy of your paper.

· Check spelling, grammar and punctuation before submitting.

· Provide proper referencing using an approved academic style.

· Use direct quotations sparingly.

· Use your own words as far as is possible.

· Write in third person past tense (e.g. ‘It has been said that…).

GENERAL REQUIREMENTS:

Every assignment must have attached an Assignment Attachment Form and a

Cover Sheet including a Plagiarism Statement with the student signature as shown
above.

Assignments to be handed in as loose paper collection stapled together at the top

left corner. The assignment should be presented as a technical report. It must
consist of a cover sheet, content page, and should have an introduction, a body, a
conclusion or recommendation, and a reference page.

Do not forget to number the pages. Any embellishment, fancy fonts and borders
should be avoided. (Your report is a technical document and not a selling
brochure that needs to catch the attention of the reader.)

Include photos, diagrams sketches, tables etc., and do not forget to refer to them
in your text. Avoid cutting and pasting photocopies, as presentation will be part of
the assessment.

Do your research, and then write up a draft. Before you write your final
assignment, you may discuss your draft with your class lecturer to clear up any
problems you may have encountered. Make sure your final assignment is ready
by the due date.

If you have difficulties or are unfamiliar with report writing, contact the Learning
Resource Centre where you will find numerous textbooks about report writing.

OR

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Citation method.

Introduction:

Foot notes gives the source of authority of the statements of the text. They are
called foot notes because they are traditionally placed at the foot of the page.
Foot notes are conventional procedures used in scholarly writing to validate or to
explain certain aspects in the main text.

Convention in foot noting:

Certain conventions are followed in foot noting,

1. In the first foot note referring to each source, it is usual to give the full
name of the author in its normal order – that is authors initials or given
name followed by surname.
2. In citing reference detail, the usual bibliographical procedures are followed.
3. The abbreviations p. for page and pp. for pages is the accepted method of
citing page reference.

Books:

For books, the author’s name, year of publication, title of complete work,
publisher, place of publication and page numbers are cited. Example Mac Kretser,
2000. The rose grower, random house, Sydney p.145. few examples listed below

1. If the book is written by more than one author – William J. Goode, Paul K.
Haat, 1952. Methods in Social research, Mc. Grow Hill Book Company,
Auckland, p.21
2. If book written by more than three author – William, O. Stanley et al.,1956.
Social foundations of educations, The Dryden press inc., New York, p.77
3. If the book is edited by someone – Oscar K. Buros ed., 1953. The fourth
mental measurements year book, Gryphon press, Highland park N.J., p.200.

Journal articles:
In the case of journal articles, the authors name, year of publication, title of
article, name of periodical, volume and issue number, the page numbers are

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cited. Example – L Allison, 2000. Generator and search objects in java, Journal of
research and practice in information technology, 32 (I). p.3.
Code:
If a codified provision is to be produced it should be produced as under. example
– aricle1 9, (1)(a) and article 19 (2), or proviso to section 3, Workmen’s
compensation act, 1923.
Supreme Court Case:
If a case decided by a court is produced, then should be produced as under –
H.H. Keshavnand Bharati Sripadagavelu v. State of Kerala and others, A.I.R.1973,
S.C.1461.
High Court Case:
If the case has decided by high court should be mentioned like this – example
Ambalal Sarabhai Enterprises Ltd. V. Union of India, A.LR.1948, Delhi 53.
Dissertation:
If a matter belongs to an unpublished thesis or dissertation then – H.N. Tiwari,
1993. Law Relating Termination of Employment in Industrial Establishment in
India (unpublished Doctoral Thesis, University of Allahabad), p.36.
Accepted Abbreviation:
After the first reference is detail in a foot note, it is not necessary to repeat the
name of the author, publisher and other details in subsequent foot notes.
1. Ibid – if the same reference is referred on the same page again and again,
then only the expression ‘ibid’ is used. Example -
 Mac Kretser, 2000. The rose grower, random house, Sydney p.145.
 Ibid.,pp.147-49
2. Id – If the statements from different pages of the report from the same
case have been produced, then it should be referred as –
Id.66
Id.68,etc.
3. Supra Ref. & op.at.Ref.– where, however, foot notes are not produced from
page to page but in a serial order and a reference produced at an earlier

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serial number is going to be produced at a later serial number then it can

be produced as follows –
“Supra Ref. ‘5’ or ‘e’; or
“op. at. Ref.5 or ‘e’.
4. Infra. Ref No – If a reference is given at an earlier serial number and
something specific about it is said at a later serial number, then. At the
earlier reference number, it may be presented as follows
“Infra. Ref No.’25’ or ‘y’.

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