CONNECTING WITH LAW FOURTH EDITION MICHELLE SANSON THALIA ANTHONY OXFORD ASCEND RESOURCES Study, practise and succeed Your Connecting with Law, fourth edition, resources include: - Multiple-choice questions with instant feedback for self-testing - Definition matching exercises to develop your knowledge of legal words and terms - Problem solving exercises to prepare you for assessment and exams - Sample answers to case summary exercises to develop your case analysis skills - Discussion answers for reading and reflection exercises to guide your application of legal concepts - Fact sheets on goal setting, time management, assertiveness, stress management, work-life balance and more to help you transition to university life - Activity sheets on achieving goals, time management, and motivation to help you succeed - Videos with tips and tricks for studying law, reading cases, communication, and securing a job - Weblinks to relevant sites to help with research and assignments. To access your resources go to oxfordascend.com Register for an account Activate the code within your account This code can only be activated once. Once activated, access is valid for 4 years. For any technical issues, please contact: [email protected] CONNECTING WITH LAW CONNECTING WITH LAW FOURTH EDITION MICHELLE SANSON THALIA ANTHONY 1 Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trademark of Oxford University Press in the UK and in certain other countries. Published in Australia by Oxford University Press Level 8, 737 Bourke Street, Docklands, Victoria 3008, Australia. © Michelle Sanson and Thalia Anthony 2019 The moral rights of the authors have been asserted. First edition published 2009 Second edition published 2010 Third edition published 2014 Fourth edition published 2019 All rights reserved. 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BRIEF CONTENTS List of Figures xii Table of Cases xiv Table of Statutes xxi Preface xxx Guided Tour xxxi Acknowledgments xxxiii About the Book xxxiv 1 Learning Law: How Can I Develop a Legal Mind? 1 2 Sources: What Is the Law Itself? 57 3 Legal Institutions: How Is Law Made? 111 4 Classifying and Practising Law: How Are Cases Resolved? 157 5 Research: How Do I Find the Law? 187 6 Communication: How Do I Engage with Others about the Law? 241 7 Jurisprudence: What Is Law? 301 8 History: How Did Australian Law Develop? 353 9 Australia: Where Do Indigenous Laws Fit In? 379 10 Precedent: How Do Judicial Decisions Become Law? 417 11 Statutory Interpretation: How Do Courts Interpret Legislation? 465 12 The Profession: What Do Lawyers Do? 517 13 Law in Society: What Are the Problems and Remedies for Accessing Justice? 564 14 My Law Career: How Can I Best Prepare for It? 595 Glossary 635 . Index 645 v EXTENDED CONTENTS List of Figures xii Table of Cases xiv Table of Statutes xxi Preface xxx Guided Tour xxxi Acknowledgments xxxiii About the Book xxxiv 1 Learning Law: How Can I Develop a Legal Mind? 1 1 Law as a discipline 2 Reflection exercise 3 2 Legal reasoning 4 Exercise:Inductive and deductive reasoning 7 Exercise:What’s your reasoning? 8 3 Outcomes of your legal education 10 Exercise:Priestley 11 requirements 13 Exercise:Critical thinking 26 Exercise:Assessing sources 29 4 Success in law school 42 Exercise:Basic IRAC application 47 2 Sources: What Is the Law Itself? 57 1 Primary and secondary sources of law 58 Exercise:Sources practice 59 2 Legislation 59 Exercise:Anatomy of an Act 69 3 Cases 76 Exercise:Reading a citation 81 Exercise:Case summary1 92 Exercise:Case summary2 93 . 4 Secondary sources 97 vi EXTENDED CONTENTS vii 3 Legal Institutions: How Is Law Made? 111 1 Government in Australia 113 Reflection exercise:Rule of law perspectives 117 2 Constitutions of the Commonwealth and the states and territories 117 3 Parliament’s role in creating law 125 4 The executive’s role in administering law 128 5 The judicature’s role in interpreting law 132 Problem exercise:Intra or ultra vires 143 6 Alternatives to courts 145 4 Classifying and Practising Law: How Are Cases Resolved? 157 1 Major legal classifications 159 2 Branches of substantive law 163 3 Aspects of procedural law 178 5 Research: How Do I Find the Law? 187 1 The importance of legal research 189 2 Legal research methodology 189 Exercise:Research types 190 Exercise:Research strategy scenario 192 Exercise:Ranking sources 199 3 Using a library catalogue or search engine 200 Exercise:Boolean searching 202 4 Finding legislation 203 Exercise:Finding a bill 209 5 Finding cases 212 Exercise:Using FirstPoint and CaseBase 220 Exercise:Searching phrases in CaseBase 222 6 Finding and using secondary sources 223 . 7 Legal referencing 234 viii EXTENDED CONTENTS 6 Communication: How Do I Engage with Others about the Law? 241 1 The importance of communication 242 2 Formulation:Preparing to communicate 245 Exercise:Reading a case for a particular purpose 248 Exercise:Preparing to be excused from jury duty 250 3 Engagement:In- person communications 255 4 Engagement:Written communications 265 Problem exercise:Drone on, party people 273 Exercise:Drafting a submission 278 Exercise:Advising Alan 282 Exercise:Hitting the right tone 282 Exercise:Keeping it clear 283 5 Collaboration 284 Reflection exercise:Good team, bad team 287 Exercise:Group work scenario 292 6 Review:Continual improvement 296 7 Jurisprudence: What Is Law? 301 1 Introduction 303 2 Early and continuing jurisprudence:Indigenous jurisprudence 306 3 The birth of modern jurisprudence 307 4 Modernism, Marxism and socio- legal theory 324 5 Legal realism 329 6 Critical legal theories 331 7 Dominant jurisprudence today 342 Exercise:Applying jurisprudence 349 8 History: How Did Australian Law Develop? 353 1 Legal systems of Indigenous societies and their early exclusion . from the common law 356 2 Displacement of Indigenous laws 358