Lahore University of Management Sciences

LAW 101Introduction to Legal Reasoning Spring 2013

Instructor Room No. Office Hours Email Telephone Secretary/TA TA Office Hours Course URL (if any) Course Basics Credit Hours Lecture(s)

Justice (R) Aamer Raza A. Khan B-1 SDSB TBD aamer.raza@lums.edu.pk or ghazi@lawyer.com (TA) +92-324-4005775 (TA) Usman Ghazi, Advocate of the High Courts, Office No. 29, 3rd Floor, Ali Plaza, 3 Mozang Road, Lahore, Pakistan TBD

Recitation/Lab (per week) Tutorial (per week)

Nbr of Lec(s) Per Week Nbr of Lec(s) Per Week Nbr of Lec(s) Per Week

4 in 2 sessions None TBD

Duration Duration Duration

1 hr 50 mins per session None TBD

Course Distribution Core Elective Open for Student Category Close for Student Category

(To be decided by the Department and/or the RO) As above As Above As above

COURSE DESCRIPTION This course aims to develop the cognitive, critical reasoning, analytical and legal discourse skills of students by utilizing the Socratic mode of dialogue. The students will acquire the following skills: gathering the relevant facts, issue spotting, application of the law to the facts, and advocacy skills. The course introduces the students to landmark US, UK, and Pakistani cases, discussing their reasoning in depth. This course has been divided into four parts. Each part concentrates on the legal reasoning adopted by courts of different countries in similar type of cases. The four divisions are; 1) Social changes, 2) Law, Society, and Politics, 3) Civil Law, Criminal law, and International Law, and 4) Shariah Law. COURSE PREREQUISITE(S) To be determined by the Registrar / Department according to the degree requirements.

Lahore University of Management Sciences

COURSE OBJECTIVES To familiarize the students with the basic of legal reasoning in judicial decisions To discuss core legal issues of the jurisprudence in major legal jurisdictions around the world To teach and discuss the basic substantive and procedural laws of Pakistan

Learning Outcomes By the end of the course, the students would be able to understand how the lawyers and judges approach the legal issues presented to them in order to decide the issues. After gaining knowledge about civil rights, the students would be appreciate the procedure for the enforcement of the rights. The students would be familiarized with topical legal issues. Grading Breakup and Policy Assignment(s): Home Work: Quiz(s): Class Participation: 15 % Attendance: 15 % Midterm Examination: 30% Project: Final Examination: 40 %

Examination Detail Yes/No: Yes Combine Separate: Duration: Preferred Date: As per the university schedule Exam Specifications: Take Home Analytical Essay Yes/No: Yes Combine Separate: Duration: Exam Specifications: Take Home Analytical Essay

Midterm Exam

Final Exam

COURSE OVERVIEW WEEK/ LECTURE/ MODULE Session 1

TOPICS

RECOMMENDED READINGS

OBJECTIVES/ APPLICATION a) Students should be able to identify the Issue, Rule, Analysis, and Conclusion in a case. b) Students should be able to analyze a given issue and conclude.

Session 2

Session 3

Introduction 1) An Introduction to Legal Reasoning by Edward H Levi What is Legal Reasoning? Issue, Rule, 2) An introduction to law and legal reasoning / by Analysis, Conclusion (IRAC) Thomas C. Fischer, Richard F. Zehnle. Part I: Social Changes: 3-7 a. Roe v. Wade b. Nikita Mehtas Case Fundamental rights:

Students should be able to understand how critical decisions

Lahore University of Management Sciences

Brown v. Board of Education (Scrutinizing racial classification) b. Plessy v. Ferguson (Separate but Equal.) c. Grutter v. Bollinger (Racial classifications for admission into educational institutions.) Reading: a. United States v. Virginia (Gender classifications at Public institutions.) b. Wilkinson v. Kitzinger (Same sex couples) a. Zaheer-ud-din v. State b. Shri Ram Janmabhoomi & Babri Masjid a. regarding fundamental rights can be and what factors help the judges to make a decision. Also students will have learnt how law develops and how it adapts to social change.

Session 4

Fundamental rights contd. (Racial classifications

Session 5

Fundamental rights contd. (Gender classifications)

Session 6 Session 7

Fundamental rights contd. (Minorities and freedom of religion)

Session 8

Session 9

Fundamental rights contd. (Social R v. R change) Part II: Law, Society, and Politics: Sessions 8-12 a) Marbury v. Madison (Jurisdictional limitations of the Courts authority) Constitution and Politics b) McCulloch v. Maryland a) Darshan Masih Development of law and Judicial b) Steel Mills Case Review Doctrine of necessity a) Dosso v Federation of Pakistan b) Nusrat Bhutto case

Session 10 Session 11 Session 12

The students will study the legal reasoning in cases involving the constitution, politics, and society. How these have an effect on and how these help develop existing laws. The students will not only look at cases from Pakistan, but also compare them with U.S, and Indian case law.

Session 13

Session 14 Session 15

Session 16

Zafar Ali Shah Doctrine of necessity , contd. PCO Judges case Doctrine of necessity contd. Part III: Civil Law, Criminal Law, and International Law: Sessions 13-21 a) Hamer v Sidway (The Students should be able to Contract Law requirement of consideration identify the issue, the applicable in the creation of a contract) rules, analyse it and provide b) Pinnels case conclusion in various types of cases. This segment will give the a) United States v. Carroll Law of Torts students an idea as to the Towing Co. ( Negligence) differences between, for example, b) Donoghue v. Stevenson civil, criminal, and constitutional (Duty of care) cases. MID-TERM EXAM a) Duress under Contract law and Assault under Tort Tuberville v Savage (1669) 86 ER 684 Barton v Armstrong [1976] AC 104 b) Defamation Comparison i) Sim v Stretch [1936] 2 All ER 1237, 1240, per Lord Atkin ii) Monson v Tussaud's Ltd [1894] 1 QB 671

Lahore University of Management Sciences

Session 17 Session 18 Remedies in Civil Law Criminal Law a) Page One Records v Britton [1968] 1 WLR 157 (Injunction) a) b) a)

Session 19

Session 20

Session 21

Session 22

Session 23

Session 24 Session 25 Sessions 26-28

R v. Cunningham R v. Pitham & Hehl Young v Bristol Airplane (1944) for the Court of Appeal (distinguishing, Common law overruling and reversing.) b) Law builds upon Doctrines of Precedent & Stare Decisis a) Attorney General of the Government of Israel v. Eichmann (Territorial Sovereignty) International Law b) ICJs Advisory opinion on the construction of the Israeli Wall a) US v. Rumsfeld International law contd. b) Weapons case Part IV: Shariah Law: Sessions 22-25 a) Khurshid Bibi v. Mohammad Treatment of women Amin (Islamic law) b) Saima Waheeds case a) Darshan Masihs case (revisited) Riba, etc b) Riba case (Federal Shariat Court) a) Safia Bibis case Hudood laws b) Jehan Minas case Development of Islamic Law in Islamic Law in India India GROUP PRESENTATIONS FINAL EXAM

To familiarise the students with the Principles of Islamic Law esp. Muslim Personal law.

Textbook(s)/Supplementary Readings Volume I, II, III of the Courses and Materials (available with the Law and Policy Department) See further reading noted above