Lahore University of Management Sciences. Introduction to Legal Reasoning LAW 101 Section 1. Spring 2018

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1 Instructor Marva Khan Room No Office Hours TBD Telephone 8066 Secretary/TA TBD TA Office Hours TBD Course URL (if any) - Lahore University of Management Sciences Introduction to Legal Reasoning LAW 101 Section 1 Spring 2018 Course Basics Credit Hours 4 Lecture(s) Nbr of Lectures per week 2 Duration 1 hr 50 m Recitation/Lab (per Nbr of Lectures per week None Duration N/A week) Tutorial (per week) Nbr of Lectures per week None Duration N/A Course Distribution Core Elective Open for Student Category BA/LLB Non-law students Open to All 1

2 Close for Student Category None Course Description and Learning Outcomes This is an introductory level law course aimed at introducing students to basic concepts pertaining to the study of the law, so as to develop their ability to critically engage with case law and analytically engage in legal discourse. The initial sessions aim at introducing students to the basic legal structure of the state, and then focusing on the judicial structure. This shall be used as a foundation to introduce the concept of judicial precedent, and developing an understanding of the concept of and the relevance of case law in Pakistan and other common law countries; as well as the basic concepts that are important for discerning information while reading cases, that is, ratio decidendi, and obiter dicta. The students will also learn about the different rules, as well as the aids used by judges in interpreting statutes. Once the students have developed a preliminary understanding of case law, they shall learn how to identify relevant facts, spot major issues, what and how relevant law is to be applied, identify and engage with the legal reasoning used in various cases to reach the decision. Students shall be taught eminent cases from various domains including right to life, freedom of speech, gender discrimination - and a plurality of jurisdictions, including case law from Pakistan, Europe, United States, and international courts such as the ECtHR. Course Prerequisite(s) None Course Objectives Students will learn: Concept of precedent and case law; How to read judgments, spot relevant facts and issues; Differentiate between ratio decidendi and obiter dicta; Application of relevant laws; IRACs; and Application of IRACs to case law from Pakistan and other jurisdictions to various fact patterns. 2

3 Grading Breakup and Policy Group Presentation 15% Quiz (s): 20% (2 announced quizzes) Class Participation 10% and Attendance: Midterm 20% Examination: Final Examination: 35% Examination Detail Midterm Exam Final Exam Yes/No: Yes Combine/Separate: Separate Duration: Class duration Preferred Date: Session 14 Exam Specifications: Objective and Subjective Yes/No: Yes Combine/Separate: Separate Duration: 2 hours 30 minutes Exam Specifications: Objective and Subjective Disability Policy Any student who, because of a disability, may require special arrangements in order to meet the course requirements should contact the instructor or the Office of Student Affairs (OSA) as soon as possible so that requisite arrangements can be made. 3

4 Course Overview Lecture Topics Recommended Readings Objectives/Application 1. Introduction to the course None Familiarize the students with the aim and objectives of the course; the course requirements and policies; and grading instruments. 2 & 3. Introduction to legal concepts Fischer & Zehlne Introduction to Law and Legal Reasoning, pages 4-6, 10-15); Judicial Systems in Pakistan (excerpts); Comparison of civil and criminal cases. Before delving into legal reasoning, the students will be introduced to the judicial structure, with special emphasis on the hierarchy of courts in Pakistan. They shall also be taught legal terminology, via explaining differences between criminal and civil cases, to better understand the concept of judicial precedents. Students will also learn about the three organs of state; and difference between common law, statutory law, and executive orders. 4. Reading cases Holland & Webb, Learning Legal Rules, (pages 70-79); Lahore Bachao Tehreek v. Iqbal Chohan (Canal widening case). Students will learn basic terminology crucial to reading cases including case titles (including differences between civil, criminal and constitutional cases). There shall also be in-class reading of a Supreme Court judgment to go over various commonly used jargons. 5. Case law and the concept of judicial precedent 6 & 7. Ratio decidendi, Obiter dicta, and introduction to Holland & Webb, Learning Legal Rules, (pages ); Case law and doctrine of precedent A manual for practitioners, Chapter 1. Barry Friedman & John Goldberg, Open Book (page 25-34); Holland & Webb, Learning Legal Rules, This session focuses drawing a comparison between civil law and common law jurisdictions. It shall entail explaining what is meant by, and the practical implication case law, judicial precedent and its types (binding, persuasive) in common law countries. In pursuance of the discussion on binding and persuasive precedents, students shall learn the difference between ratio and obiter under the doctrine of stare decisis. 4

5 IRACs (pages ). Further reading: Barry Friedman & John Goldberg, Open Book (page 35-46, 52-56) 8. Statutory Interpretation Holland & Webb, Learning Legal Rules, (pages ). Students shall be introduced to the IRAC (Issue, Rule, Application, Conclusion) framework of case law analysis. Students will learn about rules of statutory interpretation (literal, golden, purposive, and mischief rule). They shall also learn secondary aids to statutory interpretation. 9. Quiz No Additional Readings 10. Right to life Roper v. Simmons, 543 US 551 (2005) 11. Abortion Roe v. Wade; Fischer & Zehlne Introduction to Law and Legal Reasoning, pages Euthanasia Cruzan v. Dir., Mo Department of Health, 497 US 261 (1990) 5

6 13. Extension of right to life to environment Shehla Zia v. WAPDA PLD 1994 SC Mid-Term Exam No Additional Readings 15. Gender Equality and Discrimination - I 16. Gender Equality and Discrimination - II 17. Right to marry without consent of guardians US v. Commonwealth of Virginia 518 US 515 (1996) Muhammad Aslam Khaki v. Federation of Pakistan Constitution Petition No. 43 of 2009 Abdul Waheed v. Asma Jahangir (Saima Waheed Case), PLD 1997 Lahore Right to privacy I Berger v. New York 388 US Right to privacy II Shehnaz Ilahi v. IG Police 2015 PLD 213 Lahore 20. Freedom of Speech I New York Times v. Sullivan, 376 US 254 (1964) 6

7 21. Freedom of Speech - Masroor Ahsan v. Ardeshire Cowasjee PLD II 1998 SC Quiz No Additional Readings 23. Freedom of Religion and blasphemy - I Regina v. Chief Metropolitan Stipendiary, [1991] 1 QB Freedom of Religion Zaheerudin v. The State1993 SCMR 1718 and blasphemy - II 25. Religious symbols and attire Dogru v. France, and Kevanci v. France (ECtHR) ; S.A.S v. France. 26. Judicial review - I Marbury v. Madison 5 US 137 (1803) 27. Judicial review - II Darshan Masih v. The State PLD 1990 SC Review No Additional Readings Textbook(s)/Supplementary Readings Reading package shall be available at the photocopier. Additional material may be uploaded during the semester on LMS. 7

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