Latest Blogs

LawSpeak v3 is launched

Stewart McLachlan — Tue, 20 Dec 2011 16:36:48 +0000

It has been some time coming but we are pleased to announce that LawSpeak v3 has been launched! This is the start of many improvements which shall be announced in due course.

For now, the site has been greatly modernised and will hopefully be much easier to use.

We hope that you enjoy LawSpeak!

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Rhodri lewis — Wed, 24 Aug 2011 11:43:44 +0000

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WWDT? (What Would Dworkin Think?)

Fiona Simpson — Wed, 28 Apr 2010 13:51:39 +0000

Thought this might help!

LRLS Theories... in a nutshell

Craig Donald — Tue, 27 Apr 2010 13:10:35 +0000

FORMALISM

Formalism is the idea that law should be applied mechanically and that no judicial discretion should be used. It aims to minimise the interpretation of terms, reducing ambiguity, and uses deductive reasoning, encompassing syllogism. Works with Positivism (see below) - if Positivism were an explanation of how the law 'is', Formalism could be an explanation of how it 'operates'. Jerome Frank argued that decision-making was not all about the rules and so Formalism should only be used as ideology. Applying rules in such a mechanical way is unfeasible - like giving the same drug to every cancer patient. It just doesn't work in real life. It lost power in the 20th century but is argued by some, including McCormick, that it should form the basis of some legal philosophy.

REALISM

Came as a revolt against Formalism and was particularly popular in America. The idea that legal reasoning cannot ignore social factors and that judges need to use discretion and made decisions - subjectivity was necessary. Statutes are merely sources of law rather than part of the law itself. Two types: Scandinavian (the work of the amazingly named Axel Hagerstrom) and American (amongst others, Oliver Wendell Holmes).

POSITIVISM

Clearing up the ambiguities plaguing Natural Law - Positivism set to draw a sharp disctinction between law that 'is and law that 'ought to be'. The most important feature was that law is posited by those in power in society. Ties in with Imperativism (Jeremy Bentham). An important figure in Positivist Theory was John Austin who emphasised that law should be laid out by those in power. Another famous Positivist was Hart. Criticisms included the ambiguity over international law (in that there is no specific sovereign) and that Positivism can create too much of a divide between law and morality. Positivism was criticised by Dworkin, who used the case of Riggs v Palmer to show that rules from statutes and rules from principles should both be used.

CRITICAL LEGAL STUDIES (CLS)

This left-wing movement originated from America in the 1970s as a revolt against the 'smugness' and right-wing conservatism in the legal system. Uses a wealth of methodology and aimed to unveil hidden structures in law. Such a person who revolted was a Yale student, who wanted to see less conservatism in legal training and more transparency. It was argued that the vulnerable and disempowered were and had always been overlooked and underrepresented by the law and that there was no such thing as a 'right answer' because law is not coherant. CLS is now mostly obselete but does exist in feminism and racial arguments.

CONSEQUENTIALISM

A descendent of Utilitarianism. Decisions are made by thinking about the consequences of the act/decision. Rule Theory is the examination of the consquences of the DECISION; Act Theory is the examination of the consequences of the ACT.

Law School Caricatures

lady potato — Thu, 08 Apr 2010 22:27:07 +0000

All images by the wonderful Amir Amirsolimani

Quick News

Fiona Dickson — Thu, 08 Apr 2010 15:34:27 +0000

Just to let you guys know that we'll be putting up some exam help on the site and a few funny caricatures of Law students, we'll keep you posted!

Also, this should show up on Facebook!

PhotoBlog

Chris Kenyon — Thu, 04 Mar 2010 22:51:44 +0000

Hey, i've just set up a photoblog, you guys should check it out!

Scott Wortley shows us how sarcasm's done...

Amir Amirsolimani — Thu, 25 Feb 2010 12:55:32 +0000

Mr Wortley takes no prisoners on the Edin Uni LRLS forum:

24/02/2010 11:48:00, Posted by: hibees
Topic: Allocation of marks for exam...

Am I right in saying that the actual exam itself is worth 85 marks? This seem strange since the essay is worth 10? You would think they would make it up to 100 no?

24/02/2010 20:35:00, Posted by: Scott Wortley [Staff Member]
Topic: re: Allocation of marks for exam...

Am I right in saying that the actual exam itself is worth 85 marks?

No

This seem strange since the essay is worth 10?

That's right. that's why the exam is worth 90%.

You would think they would make it up to 100 no?

90 + 10 does add up to 100.

Scott

I thought this was quite 'lol'.

The BIG Legal Picture

Daniel Bradley — Mon, 15 Feb 2010 15:42:25 +0000

http://www.no-business-for-old-men.com/blawg.html

http://www.no-business-for-old-men.com/blawg.html

"All the Law Things" Video Spoof

Poppy Chan — Wed, 27 Jan 2010 18:48:25 +0000

After seeing Dom's video, I found this to be rather amusing!

More serious articles shall resume shortly!

Hilarious Tort Video

Dominic Collier — Wed, 27 Jan 2010 15:46:16 +0000

I initially saw this on Youtube and think it's amazing! Check it out:

Useful Legal Abbreviations

Simon James Helfer — Sun, 24 Jan 2010 20:09:11 +0000

Stuck or confused as to what to do with your SCLR or your LMCLQ whilst reading cases and reports? Check out this list of useful abreviations so you'll never be sitting there hypothesising again!

All ER - All England Law Reports
AJCL - American Journal of Comparative Law
BCLC - Butterworth's Company Law Cases
CLJ - Cambridge Law Journal
CMLR- Common Market Law Reports
Crim LR - Crinimal Law Review
CLP- Current Legal Problems
D- Dunlop's Session Cases (1838 - 62)
Edin LR - Edinburgh Law Review
EG - Estates Gazette
ECLR - European Competition Law Review
EHRR - European Human Rights Reports
EIPR - European Intellectual Property Review
Fam LR - Family Law Reports (Scotland)
FLR - Family Law Reports (England and Wales)
FSL - Fleet Street Reports
F - Fraser's Session Cases (1898 - 1906)
GWD - Greens Weekly Digest
Harv L Rev - Harvard Law Review
ICR - Industrial Cases Reports
ILJ - Industrial Law Journal
JBL - Journal of Business Law
J Law Sco Sc - Journal of the Law Society of Scotland
Jur Rev - Juridicial Review
LQR - Law Quarterly Review
AC - Law Reports, Appeal Cases
Ch - Law Reports, Chancery Division
KB - Law Reports, King's Bench Cases
QB - Law Reports, Queen's Bench Cases
Lloyd's Rep - Lloyd's Law Reports
LMCLQ - Lloyd's Maritime & Commercial Law Quarterly
M - MacPherson's Session Cases (1862 - 73)
Mor - Morison's Dictionary of Decisions
MLR - Modern Law Review
OJ - Official Journal of the European Communities
OJLS - Oxford Journal of Legal Studies
R - Rettie's Session Cases (1873 - 98)
SLT - Scots Law Times
SCLR - Scottish Civil Law Reports
SCCR - Scottish Criminal Case Reports
SLG - Scottish Law Gazette
S - Shaw's Session Cases (1821 - 38)
SC - Session Cases
D - Dunlop's Session Cases (1838 - 62)
F - Fraser's Session Cases (1898 - 1906)
M - MacPherson's Session Cases (1862 - 73)
R - Rettie's Session Cases (1873 - 98
S - Shaw's Session Cases (1821 - 38)
STC - Simon's Tax Cases
WLR - Weekly Law Reports

Remember not to use full stops in your abbreviations!

Facebook Integration now Available!

Ariadne Panagopoulou — Thu, 21 Jan 2010 17:19:48 +0000

Hey there,

LawSpeak is always looking for ways to make everything easier for new members and returning ones alike. We've always hated long registration pages, and while we have tried to trim it as much as possible, we decided that adding Facebook integration would speed things up even more!

New users only need to click the "Connect with Facebook" button on our login section and enter the details so that their details are securely imported. We don't see any of your Facebook details and the entire process is very safe.

For existing users, if you don't fancy typing in your username and password each time then click the blue button and select the link that states you already have an account. Fill in the details requested and in future you can just click the "Connect with Facebook" link to sign on provided that you're online on Facebook!

We hope you like the new feature and don't hesitate to get in touch if you'd like to see something else on the site!

Love,

The LawSpeak Team

How To Revise For Law Exams

Andrew Logue — Mon, 11 Jan 2010 18:09:32 +0000

By the time you get to studying Law, chances are you'll have done a lot of exams before (and have done pretty well in them too!). But Law exams, as many of you will have found out already, are quite different to any others!

1. Start Revising Early - the advice no one wants to hear. The exam may seem like a long time away, but if you start revising no, you can avoid the horrible feeling of waking up and realise you have to learn an entire course in under a week.

2. Use All the Resources You Can - the more you read, the wider a perspective you will have on the topic. Use course handouts, textbooks, study guides, notes (your own and others', cases, journals... and of course, Facebook!

3. It's Always More Fun In A Group... - Group Study - if done properly, studying with others can be very constructive. You can share ideas and discuss problem areas in an informal environment. This is helped even more with regular breaks to Tesco for brain-food (Pringles and Red Bull). There are dangers however - don't get side-tracked and plan the after-exam pub crawl instead of revising and don't compare your revision techniques with someone else's - they may work in a completely different way to you!

4. Find a Good Study Space For You - finding somewhere that you feel comfortable will help you to revise as best you can, be it the library, kitchen table, on the bus or train... but avoid studying in bed, as the temptation to sleep is far too strong for most!

5. It's Just A Case Of... - the number of cases you are required to learn for exams will vary from topic to topic, but as a general rule when revising, focus on the essentials and memorise appropriate cases together alongside the relevant part of the topic, as opposed to in an abstract list. Remember that it's not just the facts you're learning, it's the principle from the case that matters. Use whatever works for you - invent acronyms, draw pictures, act it out...

6. Your Best Friend Is Bright Yellow - never underestimate the humble highlighter. It can help you to focus on the most relevant of your notes as opposed to trawling through page after page! Being able to prioritise is essential for a Law student and it's a skill you'll need for the rest of your career! (That's depressing...)

7. Don't Get Too Distracted - no texting, no Facebook, no FarmVille, no fiction books, no Failblog (as tempting as it is!) - when you sit down to study, just do it. Breaks for coffee are highly encouraged, but also remember to drink water whilst revising - keeps your brain from feeling like a wet textbook!

8. Rest in Peace - don't forget that three all-nighters in a row will leave you feeling more than a little worse for wear. As exam time edges closer, try to get your sleep pattern into something that resembles 'normal'.

9. Calm Before The Storm - the night before the exam, get an early night and don't try to cram. It's depressing to hear, but if you don't know it by now, you're not going to learn it. I was told this the day before my last exam and, beligerently, read three chapters before falling asleep with my head in the book. I regret it.

10. A Drink or Six - after the exam, don't think about how you did or compare your answers with everyone else. Instead, head to the nearest pub with your mates and forget about the whooole thing. This is even better if you have had a morning exam - all day is left free for innevitable intoxication. Three Cheers!

Hopefully this blog will have given you a better idea about how to revise for Law exams. Just like 1940s Britain, Keep Calm and Carry On!

Love, the LawSpeak Team x

How to Survive your First Weeks of Law

Maeve McCorry — Mon, 11 Jan 2010 15:59:17 +0000

Just started studying Law and are panicking? Stay calm! With this useful ten step guide from LawSpeak, you'll be on track in no time!

1) Stay Calm - The course may seem overwhelming but remember, you're smart enough to be here and there's nothing that complicated in the degree. Surprisingly, lawyers are ordinary people and not geniuses. Just take a few deep breaths and don't let things get out of hand.

2) Talk to other Law Students - LawSpeak is great place to do this but also consider saying hi to that person next to you in the lecture. They may end up being your new best friend and will almost definitely be feeling the same as you. It also means that you can discuss the course and realise it's not as bad as you thought

3) Attend Lectures - and try to pay attention! Even if they seem really boring, you need to go. And when you go, don't just sit there hoping you'll learn by osmosis - take notes and go over them later. Trying to understand something the first time over is far more useful than staying in bed!

4) Take Notes - as mentioned before, take notes and keep them in one place. Also, make sure they're organised! Writing them in a nicer way after the lecture is a great way of making sure that you remember. Find a technique that suits you and stick with it; exams may seem ages away now but having notes when they do arrive is a lifesaver!

5) Prepare for Tutorials - By actually doing the tutorial work you avoid awkward silences or everyone staring at you while you make something up. It also means that your exam performance will be better. Magic!

6) Befriend Non-Lawyers - Yes, it may seem a strange idea but people who don't do Law exist. We were surprised too. By making friends with these strange folk with all their free time and optimistic attitudes, you can get away from Law a little (but not much) and get some perspective on life. Stops you from going mad!

7) Make sure Law is for you - It sounds a bit grim but do you want to spend four years doing a course you hate? If you got in then you're intelligent enough to do any course you like. Don't be hasty but make sure that this is what you want. At the same time, give Law a chance, it takes time!

8) Get to know the Library - Yes, it looks terrifying with all these students slaving over desks but the Library will keep you going for years to come. Learn where everything is, how it works, and where the comfiest seat is. If there is a group study area then bring friends along and grab some coffees!

9) Basic Legal Skills - Get to know how to read a case, learn legal abbreviations, learn how to use sites like Westlaw and Lexis Nexis. All of these skills are essential now and in your career. Learn them fast (and use our articles to do so)!

10) Have Fun! - Go out for a few evenings, meet new people and don't compare yourself to other people in the course. Just be nice and you'll get along just fine. If you get exhausted, hang out with nasty people and never go out, then you won't last very long at all. Good luck!

Hopefully this guide has been helpful to you and we will be publishing several other guides in the weeks to come. Don't hesitate to leave a comment!

Love,

The LawSpeak Team