Professional Documents
Culture Documents
F01 (C)
IssueNo.04 Rev. No 4 Dated: June 7, 2014
COURSE PLAN
Programme : BA., LL.B. (HONS.) Criminal Law/ BA., LL.B. (HONS.) Energy Laws,
BBA, LL.B. (Hons.) Corporate Laws/ B.COM., LLB. (Hons.)
Taxation Laws/ BBA, LL.B. (Hons.) International Trade & Investment
Law
Course : Legal Language & Legal Writing
Semester : II
Session : Jan to May 2017
Batch : 2016 -21
Subject Code : LLBG 105
No. of credits : 4
Prepared by : Dr. Sujata Bali/ Ms. Monica Rani,VF/ Dr. Shikha Dimri/ Ms.
Pooja Gautam/ Ms. Priyanka Choudhary/Ms Shambhavi Sinha
Email : sbali@ddn.upes.ac.in, Shikha@ddn.upes.ac.in,
pgautam@ddn.upes.ac.in, pchoudhary@ddn.upes.ac.in,
monicasinha_01@yahoo.com, ssinha@ddn.upes.ac.in
Approved By
_______________________ _______________________
HOD Dean
UPES Campus Tel : +91-135-2102647/2102760
“Knowledge Acres”, Kandoli Campus Fax : +91 135- 27760904
P.O. Bidholi, Via Prem Nagar Website : www.upes.ac.in
Dehradun -248 007 (U K)
COURSE PLAN
A. OBJECTIVES:
Developing Global Lawyering Skills: One aspect of globalization has been the
internationalization of law, so today’s lawyers increasingly need to be international lawyers.
Law plays an important role in the global legal environment. The familiarity with English
legal writing and analysis skills that you will gain through this course will provide you with a
solid background for working with clients, co-counsel, opposing counsel and judges.
This subject is one of the most important subjects in law as it makes the student to learn about
the command of the language and it being essential quality for presentation of not only
pleading but also arguments before a court of law. This subject has so much of practicalities
and just reading book will not help. It therefore becomes necessary that the students should be
given the knowledge of the subject through lecture method and other methods with illustration
for better understanding and group discussion so that the student may also inculcate the
analytical approach of understanding the subject matter and can practically apply in life.
Objective of this course is also to prepare good lawyers with broad professional vision as a
wise counselor, good advocacy skills etc..
1. Identify and be able to structure legal citations to case law and statutes & Brief case law.
2. Will develop analytical approach of understanding the subject matter and can practically apply
in life.
3. Structure fact statements relevant to an issue from an array of facts. Construct an internal
memorandum of law and memorandum of law to the court
4. Identify legalese versus relevant law and how to use the two.
5. Identify and understand the sources and bodies of law. Identify and understand the hierarchy
of court system and laws
6. Know the difference between precedent, persuasive and mandatory authorities and how and
when to use the two when constructing a legal memorandum
7. Write in a grammatically correct manner, using topic sentences and correct paragraph
construction.\
C. COURSE OUTLINE
D.PEDAGOGY
Lecture/Discussions
Term Paper/Project
Reading Groups
Workshops
Internal Assessment: 100 Marks (shall be done based on the following five components):
Continuous Assessment: (Marks 100) shall be done based on the following five components:
a. Two class tests 20 Marks
b. Assignment / Reaction Paper 20 Marks
c. Project work 20 Marks (Abstract, Synopsis, final Draft,
Presentation)
d. Subject grand viva 20 Marks
e. Attendance 20 Marks
Five components will be used for internal assessment for this course (Total 100 marks), the details of
each component is as follows:
67-75 % 0 Marks
76-80% 5 Marks
81-85% 10 Marks
86-90% 15 Marks
91%-100% 20 Marks
Mid- Sem examination shall be of two hour duration and shall be a combination of objective, short,
analytical and problem based questions.
End-Sem examination shall be of three hours duration. The examination paper shall have objective,
short, analytical and problem based questions.
Student has to secure minimum 40% marks of the “highest marks in the class scored by a student
in the subject (in that class/group class)” individually in both the ‘End-Semester examination’
and ‘Total Marks’ in order to pass in the paper.
Attendance
Students are required to have minimum attendance of 75% in the subject. Students with less than
said percentage shall NOT be allowed to appear in the end semester examination. The student
obtaining 100% attendance would be given 5% bonus marks for internal assessment.
Cell Phones and other Electronic Communication Devices: Cell phones and other electronic
communication devices (such as Blackberries/Laptops) are not permitted in classes during Tests or the
Mid/Final Examination. Such devices MUST be turned off in the class room.
E-Mail and LMS: Each student in the class should have an e-mail id and a password to access the
LMS system regularly. Regularly, important information – Date of conducting class tests, guest
lectures, syndicate sessions etc. to the class will be transmitted via e-mail/LMS. The best way to
arrange meetings with us or ask specific questions is by email and prior appointment. All the
assignments preferably should be uploaded on LMS. Various research papers/reference material will
be mailed/uploaded on LMS from time to time.
Legal and ordinary B.M. Gandhi, Legal Language, Legal Writing &
5. meaning of words General English (2009) pp.4-24, 165-195.
Hints for effective S.C. Tripathi, Legal Language, Legal Writing &
Legal Writing General English (2009), pp. 3,356-358.
6.
K.L.Bhatia, Legal Language and Legal Writing (2010)
pp.1-10.
Module 2: LEGAL
Examples
LANGUAGE &
Discussion
LEGAL
Reflections
VOCABULARY B.M. Gandhi, Legal Language, Legal Writing &
Reference to
10. General English (2009) pp-249-314. Relevant
Legal Latin words
legal
and phrases –
provisions
Part I
and cases
Legal Terminology
Examples
B.M. Gandhi, Legal Language, Legal Writing & Discussion
Legal Latin words General English (2009) pp-249-314 Reflections
and phrases in Reference to
11. English Legal Proverbs Author(s): Donald F. Bond
Legal Terminology Relevant
Source: PMLA, Vol. 51, No. 4 (Dec., 1936), pp. 921- legal
935 provisions
and cases
Lecture,
Examples,
Discussion,
Legal Latin words B.M. Gandhi, Legal Language, Legal Writing &
Reference to
and phrases in General English (2009) pp-249-314
12. Relevant
Legal Terminology
legal
provisions
and cases
Lectures
Examples
Legal Latin words B.M. Gandhi, Legal Language, Legal Writing & Discussion
and phrases in General English (2009) pp-249-314 Reference to
13.
Legal Terminology Relevant
legal
provisions
and cases
Lecture,
S.C. Tripathi, Legal Language, Legal Writing & Whiteboard
Legal Maxims General English (2009), pp. 218-246. Discussion
-Injuria sine
And
damnum Broom’s Legal Maxim (2011) Reference to
16
Relevant
-Damnun sine Improving Our Legal Writing: Maxims from the legal
injuria
Masters Author(s): Eugene C. Gerhart Source: provisions
American Bar Association Journal, Vol. 40, No. 12 and cases
(December 1954), pp. 1057-1060.
Lecture,
Whiteboard
Legal Maxims -- Discussion
The Doctrine of Respondent Superior Source: Harvard
qui facit per alium Reference to
facit per se Law Review, Vol. 17, No. 1 (Nov., 1903), pp. 51-52. Relevant
17.
legal
-Respondeat Broom’s Legal Maxim (2011) provisions
Superior and cases
Lecture,
18. -Delegatus non
S.C. Tripathi, Legal Language, Legal Writing & Whiteboard
potest delegare
Discussion
Legal Maxims
-ut lite pendente S.C. Tripathi, Legal Language, Legal Writing &
nihil innovetur General English (2009), pp. 218-246. Lecture,
Whiteboard
-Actio Personalis A Selection of Legal Maxim by Herbret Broom 5th Ed., Discussion
Moritur Cum Reference to
Persona Improving Our Legal Writing: Maxims from the Relevant
legal
21. Masters Author(s): Eugene C. Gerhart Source:
-Ex turpi causa provisions
non oritur action American Bar Association Journal, Vol. 40, No. 12 and cases
(December 1954), pp. 1057-1060.
Lecture,
Model form of S.C. Tripathi, Legal Language, Legal Writing & Whiteboard
Plaints: General English (2009) pp. 292-296, 270-291. Discussion
Suit for ejectment Reference to
24. of tenant B.M. Gandhi, Legal Language, Legal Writing & Relevant
General English (2009) pp.218-220. legal
Suit for provisions
cancellation of sale and learning
by doing
INTERNAL ASSESSMENT-TEST-1
Lecture,
Whiteboard
S.C. Tripathi, Legal Language, Legal Writing &
Application of Discussion
General English (2009) pp. 292-296, 270-291. Reference to Relevant
25. Legal language
legal provisions and
B.M. Gandhi, Legal Language, Legal Writing &
Drafting of Plaint learning by doing
General English (2009) pp.218-220.
MID-SEMESTER EXAMINATION
Lecture,
Whiteboard
B.M. Gandhi, Legal Language, Legal Writing & Discussion
Written Statement
General English (2009) pp.223-225. Reference to
28. :Prescribed Forms
Relevant
legal
provisions
learning by
doing
Lecture,
Whiteboard
Discussion
Conveyancing S.C. Tripathi, Legal Language, Legal Writing & And
Meaning General English (2009) pp 297-336. Reference to
29.
Description of Relevant
Deed B.M. Gandhi, Legal Language, Legal Writing & legal
General English (2009) pp.242-248. provisions
and learning
by doing
Application of Legal
language Learning by
S.C. Tripathi, Legal Language, Legal Writing &
Doing Exercise
Model Deeds General English (2009) pp. 302-305, 336-339.
30. on
-Gift Deed
-Sale Deed B.M. Gandhi, Legal Language, Legal Writing & Drafting
General English (2009) pp.242-248. Skills
Lecture,
Legal Latin words S.C. Tripathi, Legal Language, Legal Writing & Discussion,
and phrases - General English (2009) p159-217. Examples,
33. relevant
Part-II B.M. Gandhi, Legal Language, Legal Writing &
General English (2009) p.251-322 provisions
and cases
Oxford Law Dictionary
Legal Maxims--audi
alteram partem
Lecture
-Nemo debit esse S.C. Tripathi, Legal Language, Legal Writing & Examples
judex in propria sua General English (2009), pp. 218-246. Discussion
Presentation
causa B.M. Gandhi, Legal Language, Legal Writing & Relevant
37.
General English (2009) p.251-322 provisions
Salus populi est and cases
suprema lex http://www.inrebus.com/legalmaxims_a.php
Leges posteriores
priores contrarias
abrogant
Legal Maxims---
S.C. Tripathi, Legal Language, Legal Writing & Lecture
actus dei nemini Examples
General English (2009), pp. 218-246.
Discussion
facit injuriam
Relevant
B.M. Gandhi, Legal Language, Legal Writing &
38. -Ignorantia facit provisions
General English (2009) p.251-322 and cases
execusat ignorantia
juris non execusat http://www.inrebus.com/legalmaxims_a.php
-Ignorantia juris
non excusat
Lecture,
Discussion,
Module 3 : LEGAL
S.C. Tripathi, Legal Language, Legal Writing & Reference to
LANGUAGE AND General English (2009) pp. 247-255, 350-355. relevant
42 LEGAL ESSAYS laws and
B.M. Gandhi, Legal Language, Legal Writing & cases &
Art of Precis General English (2009) pp.119-128.
Writing Learning by
doing
Lecture,
Discussion,
S.C. Tripathi, Legal Language, Legal Writing & Reference to
General English (2009) pp.359-442. relevant
Legal Essays laws and
43.
B.M. Gandhi, Legal Language, Legal Writing & cases &
General English (2009) pp.425-496.
Learning by
doing
Lecture,
Legal Essays Discussion,
S.C. Tripathi, Legal Language, Legal Writing &
44. Reference to
General English (2009) pp.359-442.
relevant
B.M. Gandhi, Legal Language, Legal Writing & laws and
College of Legal Studies Jan.-May. 2017
General English (2009) pp.425-496. cases &
Learning by
doing
Lecture,
Discussion,
S.C. Tripathi, Legal Language, Legal Writing & Reference to
Legal Essays General English (2009) pp. 359-442. relevant
45. laws and
B.M. Gandhi, Legal Language, Legal Writing & cases &
General English (2009) pp.425-496.
Learning by
doing
Lecture,
S.C. Tripathi, Legal Language, Legal Writing & Discussion,
Module 4: LEGAL Reference to
General English (2009) pp. 92-94.
LANGUAGE AND relevant
K.L.Bhatia, Legal Language and Legal Writing (2010) laws and
46. PREPOSITIONS
p.437. cases &
Use of Prepositions
Learning by
for effective Legal doing
Writing
Lecture,
Discussion,
Reference to
Module 5: LEGAL relevant
LANGUAGE AND Passages & Paragraphs from leading cases laws and
47.
COMPREHENSIO cases &
N Learning by
doing
Lecture,
Discussion,
LEGAL Reference to
LANGUAGE AND relevant
Passages & Paragraphs from leading cases laws and
48. COMPREHENSIO
cases &
N
Learning by
doing
d) Legal Language, Legal Writing & B.M. Gandhi Eastern Book Company
General English
RESEARCH PAPERS:
1. Legal theory lexicon: legal theory, jurisprudence, and the Philosophy of law by lawrence b. Solumt
2. "Our Meanings Can Never Be the Same": Reflections on Language and Law Author(s): James
Boyd White Source: Rhetoric Society Quarterly, Vol. 21, No. 3 (Summer, 1991), pp. 68-77
3. Effective Legal Writing and Speaking Author(s): GEORGE D. GIBSON Source: The Business
Lawyer, Vol. 36, No. 1 (November 1980), pp. 1-9
4. Improving Our Legal Writing: Maxims from the Masters Author(s): Eugene C. Gerhart Source:
American Bar Association Journal, Vol. 40, No. 12 (December 1954), pp. 1057-1060
5. English Legal Proverbs Author(s): Donald F. Bond Source: PMLA, Vol. 51, No. 4 (Dec., 1936),
pp. 921-935
6. GLOSSARY OF LEGAL TERMS Source: Complete Lawyer, Vol. 11, No. 2 (SPRING 1994), pp.
18-24
7. GLOSSARY OF LEGAL TERMS Source: Compleat Lawyer, Vol. 10, No. 1 (WINTER 1993),
pp. 41-45
8. "Sic Utere Tuo ut Alienum Non Laedas"Author(s): G. A. I.Source: Michigan Law Review, Vol. 5,
No. 8 (Jun., 1907), pp. 673-675
G: 4 WEB SOURCES:
http://judis.nic.in/
http://www.legalindia.in/
http://www.indianetzone.com/39/english_language_india.htm
http://en.wikipedia.org/wiki/List_of_legal_Latin_terms
http://www.inrebus.com/legalmaxims_a.php
http://www.rightsandwrong.com.au/MAXIMS.pdf
http://www.rightsandwrong.com.au/MAXIMS.pdf
http://www.plainlanguagenetwork.org/Legal/legalwriting.pdf
http://www.plainlanguage.gov/whatisPL/definitions/Kimble.cfm
http://www.amazon.com/Legal-Writing-Plain-English-
Exercises/dp/0226284182/ref=pd_sim_b_5#reader_0226284182
http://www.scienzepolitiche.uniba.it/area_docenti/documenti_docente/materiali_didattici/116_
Williams.pdf
LIST OF CASES
Hall v Brookland Auto Racing club,(1933) 1 K.B.297
Woodrige v Sumner,1963 2 QB 43
Municipal Corporation of Delhi v Shubhagwanti, 1966 AIR 1750, 1966 SCR (3) 649
Burney v Bollet
Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co. Ltd, (1961) AC 388
NOTE: The above-mentioned list of cases is not exhaustive and final. The course delivery shall cover
many more cases than these.
Databases:
JSTOR
SCCONLINE
Westlaw
Instructions
e) Plagiarism, in any form, will be least tolerated. Student, if found plagiarized, will be
subject to disciplinary action. To avoid plagiarism, the instructor recommends the
following:
1. Acknowledge by way of a citation whatever is borrowed.
2. Put in quotation any sentence in which there are more than 12 words in a
sequence
3. To the maximum extent possible, paraphrase others’ ideas and then
acknowledge them through citations.
4. Make all borrowings, which are more than 50 words in a sequence, into a
block quote.
However,
-----------------------------------------------------------------------------------------------------------------
SEMESTER
ASSIGNMENT
FOR
(LLBG 105)
NAME: _______________________
ROLL NO ______________________
Give the meaning of the following words and make sentences using the words:
Q.6 Write an essay on any one of the followings in about 750 words:
a) Present and Future of Legal Education in India
b) Independence of Judiciary
Q.7 Draft a Power of attorney with imaginary facts and names of the parties to give it a complete
shape.
This Writ Petition has been filed for the enforcement of the fundamental rights of working women
under Articles 14, 19 and 21 of the Constitution of India in view of the prevailing climate in which the
violation of these rights is not uncommon. With the increasing awareness and emphasis on gender
justice, there is increase in the effort to guard against such violations; and the resentment towards
incidents of sexual harassment is also increasing. The present petition has been brought as a class
action by certain social activists and NGOs with the aim of focusing attention towards this societal
aberration, and assisting in finding suitable methods for realization of the true concept of 'gender
equality'; and to prevent sexual harassment of working women in all work places through judicial
process, to fill the vacuum in existing law. The immediate cause for the filing of this writ petition is an
incident of alleged brutal gang rape of a social worker in a village of Rajasthan. That incident is the
subject matter of a separate criminal action and no further mention of it, by us, is necessary. The
incident reveals the hazards to which a working woman may be exposed and the depravity to which
sexual harassment can degenerate; and the urgency for safeguards by an alternative mechanism in the
absence of legislative measures. In the absence of legislative measures, the need is to find an effective
alternative mechanism to fulfill this felt and urgent social need.
In the absence of domestic law occupying the field, to formulate effective measures to check the evil
of sexual harassment of working women at all work places, the contents of International Conventions
and norms are significant for the purpose of interpretation of the guarantee of gender equality, right to
work with human dignity in Articles 14, 15 19(1)(g) and 21 of the Constitution and the safeguards
against sexual harassment implicit therein. Any International Convention not inconsistent with the
fundamental rights and in harmony with its spirit must be read into these provisions to enlarge the
meaning and content thereof, to promote the object of the constitutional guarantee. This is implicit
from Article 51(c) and enabling power of the Parliament to enact laws for implementing the
International Conventions and norms by virtue of Article 253 read with Entry 14 of the Union List in
Seventh Schedule of the Constitution. Article 73 also is relevant. It provides that the executive power
of the Union shall extend to the matters with respect to which Parliament has power to make laws. The
executive power of the Union is, therefore, available till the parliament enacts to expressly provide
measures needed to curb the evil. Thus, the power of this Court under Article 32 for enforcement of
the fundamental rights and the executive power of the Union have to meet the challenge to protect the
working women from sexual harassment and to make their fundamental rights meaningful.
Governance of the society by the rule of law mandates this requirement as a logical concomitant of the
constitutional scheme. The exercise performed by the Court in this matter is with this common
perception shared with the learned Solicitor General and other members of the Bar who rendered
valuable assistance in the performance of this difficult task in public interest. The progress made at
each hearing culminated in the formulation of guidelines to which the Union of India gave its consent
College of Legal Studies Jan.-May. 2017
through the learned Solicitor General, indicating that these should be the guidelines and norms
declared by this Court to govern the behaviour of the employers and all others at the work places to
curb this social evil.
Gender equality includes protection from sexual harassment and right to work with dignity, which is a
universally recognized basic human right. The common minimum requirement of this right has
received global acceptance. The International Conventions and norms are, therefore, of great
significance in the formulation of the guidelines to achieve this purpose.
The obligation of this Court under Article 32 of the Constitution for the enforcement of these
fundamental rights in the absence of legislation must be viewed along with the role of judiciary
envisaged in the Beijing Statement of Principles of the Independence of the Judiciary in the
LAWASIA region. These principles were accepted by the Chief Justices of the Asia and the Pacific at
Beijing in 1995 as those representing the minimum standards necessary to be observed in order to
maintain the independence and effective functioning of the judiciary. The objectives of the judiciary
mentioned in the Beijing Statement are:
(a) to ensure that all persons are able to live securely under the Rule of Law;
(b) to promote, within the proper limits of the judicial function, the observance and the
attainment of human rights; and
(c) to administer the law impartially among persons and between persons and the State."
(1) Suggest a suitable title for the above passage and justify the title. [2 Marks]
(2) Write the précis of above paragraph in your own words as plainly as possible. [6 Marks]
(3) Explain the following terms according to their meaning and context: [12 Marks]
Q. 10 Draft a Plaint and a written statement on behalf of plaintiff & defendant in case of eviction of a
tenant; using imaginary names and figures to give it a complete shape.
[10 Marks]
Q. 11 Explain the following Legal Maxims with the help of legal provisions, case laws and examples:
[3 X 10 Marks]
ON ASSIGNMENT SOLVING
3. Please remember that due to the dynamic and rapidly changing global legal
environment and the continuously realigning geopolitical situation, your answers should
capture and depict the current contemporary information.
4. As a student of Law, we encourage to have a contrary point of view. But do ensure
that you can provide a logical justification to this view supported by verifiable facts,
figures, statues and decided cases by various higher courts.
5. Caution: Remember to provide original answers only.
f) Plagiarism, in any form, will be least tolerated. Student, if found plagiarized, will be
subject to disciplinary action. To avoid plagiarism, the instructor recommends the
following:
1. Acknowledge by way of a citation whatever is borrowed.
2. Put in quotation any sentence in which there are more than 12 words in a sequence
3. To the maximum extent possible, paraphrase others’ ideas and then acknowledge
them through citations.
4. Make all borrowings, which are more than 50 words in a sequence, into a block
quote.
However,
5. Copying lines (more than 12 words in a sequence) or passages from other sources,
not citing them, and writing the name of the source as reference in the end of the
paper will be deemed plagiarism
6. After copying lines in which there are more than 12 words in a sequence and
providing a citation at the end of a line or paragraph will also be deemed plagiarism
7. Copying others’ assignment, though they are original, will be considered plagiarism.
Say no to plagiarism!
Let’s develop a fair research culture in CoLS.
PROJECT TOPICS
NOTE: The above-mentioned list of project topics is suggestive and allotment of project topics to
students is subject to approval by the instructor.
It may be in 3 paragraphs
a. Excluding the Cover page, index page and bibliography the main write up should be
around 20 pages. 1.5 Space, Times New Roman, Font Size 12. The project should be
printed both sides to save paper.
b. Project must have- Cover page stating Subject name, Title of the Project, Supervisor
name, Student details etc.
c. Students have to follow a uniform method of citation (the suggested method is Blue Book
19th Edition) and must mention the same in the research methodology).
d. The main body of the project must contain- Introduction, different chapters, conclusion,
suggestions, along with foot notes and bibliography.
4. The project work shall
Annexure-IV
Class test Class test 2/ Abstract Synopsis Assignment Final Project Project
1/quiz Quiz submission submission Submission Presentations+ Grand
Viva
(Before (Before End February 13, February 27, March 20, April 3, 2017
Mid Term) term) 2017 2017 2017