Second Semester BA - LLB - Syllabus

Download as pdf or txt
Download as pdf or txt
You are on page 1of 16

Second Semester

LLB Paper Code: LLB102


Subject: Law of Contract-II L5 C5

Objectives: This course aims to: (i) enable students understand the basic concepts of indemnity,
guarantee and agency in details to further enhance their knowledge as to special kinds of contracts
existing under contract law regime; (ii) study the nature of rights and duties of
indemnifier/bailor/bailee/principal/agent to appreciate existing similarities and difference between
stated kinds; (iii) apprise students about the nuances of partnership laws and sale of goods laws as
extended contracts covered under different statutes owing to their own peculiarities; (iv) impart
knowledge as to negotiable instruments and related laws for grasp over the various instrumental modes
of payments.

Course Outcome: The course is designed to (i) to encourage students to critically think, identify and
appreciate the special kind of contracts differently titled and serving different purposes; (ii) being aware
of the nuances and peculiarity of particular kind of contract (indemnity, agency, etc.) would enable them
to draft better contracts as professionals; (iii) to enhance their knowledge as to drawing and operations
of negotiable instruments grooming them to tackle business-transaction related issues which are critical
to the economy.

Unit-I: Indemnity, Guarantee and Agency (Conceptual Study) (Lectures-08)

a. Indemnity and Guarantee


b. Right and Duties of Indemnifier
c. Discharge of Surety
d. Rights and Duties of Bailor/Bailee, Lien, etc
e. Definitions of Agent and Principal, Creation of Agency and its Termination

Unit-II: The Indian PartnershipAct, 1932 (Lectures-10)

a. Nature of Partnership Firm


b. Rights /Duties of Partners inter se
c. Incoming and Outgoing Partners, Position of Minor
d. Dissolution and Consequences

Unit-III: The Sale of Goods Act, 1940 (Lectures-10)

a. Definitions and Distinction between Sale and Agreement to Sale


b. Conditions and Warranties
c. Passing off, Property
d. Rights of Unpaid Seller and Remedies for Breach ofContract

Unit-IV: The Negotiable Instrument Act,1881 (Lectures-12)

a. Definition and Kinds of Negotiable Instruments


b. Holder and Holder-in-Due Course
c. Material Alterations and Crossing of Cheque, etc.
d. Dishonour of Negotiable Instruments

16
PSDA (Professional Skill Development Activities) 1 Hr/Week

 Drafting of one document about Indemnity/Guarantee/Agency


 Preparation of a Partnership Deed
 Preparation of Pleading for Negotiable Instruments
 Visits to banks etc. for examination of documents

Text Books:

1. Pollock & Mulla, Indian Contract and Specific Relief Act, Lexis Nexis, Delhi, 2013(14th Edn.)
2. Avtar Singh, Law of Partnership, Eastern Book Company, Lucknow, 2012 (4thEdn.)
3. Avtar Singh, Law of Contract and Specific Relief, Eastern Book Company, Lucknow 2013 (11th
Edn. )
4. S. P. Sengupta, Commentaries on Negotiable Instruments’ Act, Central Law Agency, Allahabad,
2008 (3rd Edn.)

References:

1. Avtar Singh, Sale of Goods, Eastern Book Company, Lucknow, 2011 (7th Edn.)
2. MichaelG.Bridge(ed.),Benjamin’sSaleofGoods, Sweet&Maxwell, London, 2013(8th Edn.)
3. P.S. Atiyah, Sale of Goods, Pearson Education, India, 2010 (12thEdn.)
4. B.M. Prasad and Manish Mohan, Khergamvala on the Negotiable Instrument Act, 2013, Lexis
Nexis, New Delhi, 2013 (21stEdn.)
5. P. Mulla, The Sale of Goods and Indian Partnership Act, Lexis Nexis, New Delhi, 2012 (10th Edn.)

List of Cases:

1. Vancouver Malt & Sake Brewing Co. v. Vancouver Breweries Ltd., AIR 1934 PC 101
2. Kores Mfg. Co. Ltd. v. Kulok Mfg. Ltd. (1958) 2 All ER 65
3. A.V.M. Sales Corporation v. Anuradha Chemicals Pvt. Ltd. (2012) 2 SCC 315
4. Hungerford Investment Trust v. HaridasMundhra, AIR 1972 SC 1826
5. State of West Bengal v. B K Mondal & Sons., AIR 1962 SC 779
6. Hadley v. Baxendale, [1854] EWHC J70
7. Bank of Bihar Ltd. v. Damodar Prasad, AIR 1969 SC 297
8. State Bank of Saurashtra v. ChitranjanRangnath Raja, AIR 1980 SCR (3) 915
9. Kaliaperumal Pillai v. Visalalakshmi, AIR 1938 Mad 32
10. Bolton v. Lambert (1889) 41 Ch. D. 295

17
Second Semester

LLB Paper Code: LLB104


Subject: Law of Torts and Consumer Protection L5 C5

Objective: This course aims to enable the students to (i) study and understand the fundamental principles
of law of torts; (ii) analyse the theoretical background of torts along with significant principles of
liability; (iii) study and evaluate the specific torts against the individual and property; (iv) learn the
affirmative defences available in an action for torts; (v) be conversant with emerging questions and policy
issues in consumer protection regime; (vi) develop comprehensive understanding about the basic
procedures for handling consumer disputes.

Course Outcome: (i) to be efficient to identify and apply the elements of all the major torts while helping
clients solving the legal disputes ; (ii) to critically analyse best avenues for relief available to both the
sides and to ascertain which defences are most likely to lead to success; (iii) to evaluate the usage of tort
law in providing relief for victims of large-scale disasters; (iv) to develop the skill of critical self-
reflection and evaluation of the policy issues in consumer law to find solutions to practical issues and
problems occurring in the professional practice.

Unit-I: Introduction and Principles of Liability in Tort (Lectures-12)

a. Definition of Tort
b. Development of Law of Torts
c. Distinction between Law of Tort, Contract, Quasi-Contract and Crime
d. Constituents of Tort: Injuria sine damnum, Damnum sine injuria
e. JustificationinTort, Volentinon-fitInjuria, Necessity, Plaintiff’s default, Act of God,
Inevitable Accidents, Private Defense

Unit-II:Specific Torts-I (Lectures-10)

a. Negligence
b. Nervous Shock
c. Nuisance
d. False Imprisonment and Malicious Prosecution
e. Judicial and Quasi: Judicial Acts
f. Parental and Quasi-Parental Authority

Unit-III:Specific Torts-II (Lectures-08)

a. Vicarious Liability
b. Doctrine of Sovereign Immunity
c. Strict Liability and Absolute Liability
d. Defamations

Unit-IV: The Consumer Protection Act, 2019 (Lectures-10)

a. Definitions of Consumer, e-commerce, consumer disputes, advertisement, product, trade restircted


practices, unfair trade practices
b. Rights and Duties of Consumer
c. Authorities under Consumer Protection Act

18
d. Dispute Settlement Methods – Consumer Courts, Arbitration & Mediation, Online Dispute
Resolutions
e. Product Liability
f. Civil & Criminal Remedies

PSDA (Professional Skill Development Activities) 1 Hr/Week

 Pictorial Demonstration of Torts


 Case Comments
 Consumer Literary Camp
 Tracing old cases and discussing the Judgments

Text Books:

1. W.V.H. Rogers, Winfield and Jolowicz on Tort, Sweet & Maxwell, London, UK, 2010 (18th Edn..)
2. Ratanlal & Dhirajlal, The Law of Torts, Lexis Nexis, India, 2013 (26thEdn.)

References:

1. B.M. Gandhi, Law of Torts with Law of Statutory Compensation and Consumer Protection, Eastern
Book Company, Lucknow & Delhi, 2011 (4thEdn)
2. R.K. Bangia, Law of Torts including Compensation under the Motor Vehicles Act and Consumer
Protection Laws, Allahabad Law Agency,Allahabad, 2013
3. Ramaswamy Iyer’s , The Law of Torts, Lexis Nexis, India, 2007 (10thEdn.)

List of Cases:

1. Donoghue v. Stevenson (1932) A.C. 562:147 L.T. 281: 48 T.L.R. 494


2. Klaus Mittelbachert v. East India Hotels Ltd., 1997 AIR 201 Delhi (Single Judge)
3. Ashby v. White (1703) 2 Lord Rayn, 938: (1703) 1 Sm.L.C. 13thEdn., 253
4. Bhim Singh v. State of J& K, 1986 AIR 494
5. Gloucester Grammar School Case (1410) Y.B. Hill 11 Hen, 4 of 47, p. 21, 36
6. Hall v. Brooklands Auto Racing Club (1932) All E.R. Rep. 208: (1932) 1 K. B. 205
7. Cassidy v. Ministry of Health (1951) 1 All E.R. 574
8. D.P. Choudhary v. Manjulata,1997 AIR 170 Raj.
9. King v. Phillips (1953) 1 Q.B. 429
10. Kasturi Lal v. State of U.P., AIR 1965 SC 1039

19
Second Semester

LLB Paper Code: LLB 106


Subject: Constitutional Law-I L5 C5

Objectives: This paper aims to: (i) provide understanding of basic concepts of Indian Constitution and
various organs created by the Constitution and their functions; and (ii) undertake elaborate discussions on
preamble, constitutionalism and constitutional organs to develop interpretive skills in understanding every
aspect of the Constitution.

Course Outcome: The course desinged to (i) equip students with ability to interpret and appreciate the
constitutional issues; (ii) enable students to develop multicultural competence appreciating the operation of
Indian legal system within society having diverse outlook with global perspectives; (iii) enrich their outlook
as a future professionals to appreciate and respect the co-relation and differences among the various organs
and machineries of state administration; and (iv) inculcate the letter and spirit of the Constitution for
application in tasks of nation building undertaken by them as responsible citizens of this nation.

Unit-I: Meaning and Concept of Constitution and Constitutionalism (Lectures-08)

a. Definition of Constitution, Constitutionalism and its Classification


b. Sources and Framing of the Indian Constitution
c. Preamble
d. Salient features of Indian Constitution
e. Is Indian Constitution Federal in nature?

Unit-II: Constitutional Organs of the Government (Lectures-10)

a. Parliament
i. Composition
ii. Parliamentary Sovereignty
iii. Parliamentary Privileges
b. Executive Power: Position and Power of President and Governor
c. Judiciary
i. Jurisdiction of Supreme Court and High Courts
ii. Appointment and Independence of Judiciary

Unit-III: Distribution of Powers between Union and States (Lectures-10)

a. Legislative Relations between Union and the States


b. Administrative Relations between Union and the States
c. Financial Relations between Union and the States
d. Relevant Doctrines:
i. Territorial Nexus
ii. Harmonious Construction
iii. Pith and Substance
iv. Doctrine of Repugnancy
v. Colourable Legislation

20
Unit-IV: Emergency, Amendments and Freedom of Trade and Commerce etc
(Lectures-10)
a. Freedom of Trade, Commerce and Intercourse
b. Emergency Provisions: Articles 352- 360
c. Amendment of Constitution
i. Procedure of Amendment of the Constitution
ii. Doctrine of Basic Structure

PSDA (Professional Skill Development Activities) 1 Hr/Week

 Visit to Parliament
 Intra-Parliamentary Proceedings/ Legislative Process
 Moot Court
 Judgment Analysis, etc.

Text Books:

1. V.N. Shukla, Constitution of India, Eastern Book Agency, Lucknow, 2017 (13th Edn.)
2. M.P. Jain, Indian Constitutional Law, Lexis Nexis, New Delhi, 2018

References:

1. D.D. Basu, Introduction to the Indian Constitution of India, Prentice Hall of India Private Ltd., New
Delhi, 2019
2. H. M. Seervai, Constitutional Law of India, Universal Law Publishing Co, Delhi, 2016
3. Glanville Austin, Indian Constitution-Cornerstone of the Nation, Oxford University Press, UK, 1999
4. P.M. Bakshi, The Constitution of India, Universal Law Publishing Co., Delhi, 2015.

List of Cases:

1. Keshavananda Bharati v. State of Kerala, AIR 1973 SC 1461


2. Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299
3. Minerva Mills Ltd. v.Union of India, AIR 1980 SC 1789
4. SR Bommaiv. Union of India, AIR 1994 SC 1918
5. In re Berubariv. Union of India, AIR 1960 SC 51
6. Gujrat University v. Sri Krishna, AIR 1963 SC 703
7. D.C. Wadhwa v. State of Bihar, AIR 1987 SC 579
8. Hoechst Pharmaceuticals Ltd. v. State of Bihar, AIR 1983 SC 1019
9. In re Presidential Reference, AIR 1999 SC 1
10. A.K. Roy v. Union of India, AIR 1982 SC 1126
11. D. C. Wadhwa v. State of Bihar (1987) ISCC 378
12. B.R Kapoor v. State of Tamil Nadu 2001(6) Scale 309
13. In re Special reference No 2002, AIR 2003 SC 87
14. Golaknath v. State of Punjab, AIR 1967 SC 1643
15. Union of India v. H.S Dhillon, AIR 1972 SC1061
16. Prafull Kumar Mukherjee v. Bank of Khulna, AIR 1947 PC 60
17. State of Bihar v. Kameshwar Singh, AIR 1952 SC 316
18. M. Karunanidhi v. Union of India, AIR 1979 SC 898
19. G.K Krishna v. State of Tamil Nadu, AIR 1975 SC 583
20. M. Nagraj v. Union of India, AIR 2007 SC71

21
21. I.R. Coehlo v. State of Tamil Nadu, AIR 2007 SC 8617

22
Second Semester

LLB Paper Code: LLB 108


Subject: Legal History L5 C5

Objectives: History II will provide (i) understanding to the students as to the developments of modern legal
procedures, laws and institutions and how they impacted the Indians and their old legal systems; (ii) detailed
study of Anglo-Indian Legal System in India, tracing its historical developments from colonial times and
its legacy in the present judicial system; and (iii) provide an in-depth knowledge to the students on important
events in the Indian legal history such as colonial and post-colonial legal developments in India.

Course Outcome: The course (i) enable the students to appreciate how the shaping of law occurs through
historical experiences of a country and its people; (ii) to understand the concepts of imperialism, and
colonialism in Indian context; and (iii) foreground the historical context of the Indian Constitution.

UNIT-I: Early Developments (1600- 1836) (Lectures-10)

a. Charters of the East India Company of 1600 and 1661and Early Settlements in Surat, Madras and
Bombay
b. Introduction of Authoritative and Uniform Judicial Pattern (1726-1773) Mayor’s Court of 1726 and
Establishment of Supreme Court in Cacutta under the Regulating Act, 1773 and the cases of Raja
Nand Kumar, Kamaluddin, Patna, and Cossijurah; The Act of Settlement 1781
c. Establishment of Adalat System: Warren Hastings’s Judicial Plans of 1772, 1774 and 1780; Lord
Cornwallis’s Judicial Plans of 1787, 1790 and 1793; Lord William Bentinck’s Judicial Reforms

UNIT-II: Evolution of Laws and Legal Institutions (Lectures-10)

a. The great debate on the introduction of the English Laws in India: The Whigs, The Paternalists and
the Utilitarians and the Codification of Laws: Charters of 1833 and 1853
b. Establishment of High Courts under the Indian High Courts Act, 1861, The Indian Councils’ Act,
1861
c. Privy Council and Federal Court: An Appraisal
d. Development of Legal Profession and Law Reporting

UNIT-III: Social and Constitutional Policies and Legislations (Lectures-10)

a. The Colonial Land Laws: Colonial Land Policies and Emergence of Land as a Commodity
b. Development of Personal Laws and their administration by the British; and the Development of
Criminal Law (Salient Features of Islamic Criminal Law and the changes introduced by the English
Law)
c. Progressive Social Legislations: The Abolition of Sati Act 1828, Abolition of Slavery Act 1833,
Caste Disability Removal Act 1850, Hindu Widow’s Remarriage Act 1856, Female Infanticide
Prevention Act 1870
d. The Government of India Acts, 1909, 1919 and 1935, the Indian Independence Act, 1947

UNIT-IV: The Framing of Indian Constitution and Contemporary India (Lectures-10)

23
a. The Constituent Assembly Debates and the Making of Indian Constitution: A Brief History
b. Constitutional Position of the Princely States
c. Present Judicial System: Postcolonial Developments
d. A Postcolonial Discourse on the Changing notions of Social Justice in Modern India with emphasis
on Dalits and Women

PSDA (Professional Skill Development Activities) 1 Hr/Week

 Discussions on the historical legal cases: The Queen Empress Vs. Bal Gangadhar Tilak, 1897, Dadaji
Bhikaji vs Rukma Bai, 1885 and Bhagat Singh vs Emperor, 1931.
 Seminar on Social Justice in Modern India
 Film Screening: 12 Angry Men
 Debates on the Age of Consent

Text Books:

1. M.P. Jain, Outlines of Indian Legal and Constitutional History, LexisNexis, India, 2014
2. Sumit Malik, V.D. Kulshreshtha’s Landmarks of Indian Legal and Constitutional History, Eastern Book
Company, 2016, Greater Noida (UP), (11th Edn.)
3. M.P. Singh, Outlines of Indian Legal History, Universal Law Publishing Co.,Delhi, 2010
4. Abdul Hamid, A Chronicle of British Indian Legal History,University of California,1991(Hardcover)
5. A.B. Keith, Constitutional History of India, 1600-1935, Pacific Publication, Delhi, 2010

References:

1. Granville Austin, The Indian Constitution: Cornerstone of a Nation, OUPPaperback, New Delhi, 1999
2. Granville Austin, Working in a Democratic Tradition: A History of the Indian Experience, Oxford India
Paperbacks, New Delhi, 2003
3. Marc Galanter, Law and Society in Modern India, Oxford University Press (Oxford India Paperbacks),
New Delhi, 1989
4. J. Duncan M. Derett, Religion, Law and State in India, Oxford, Reprint India, 1999
5. Radha Kumar, The History of Doing: An Illustrated Account of Movements for Women’s Rights and
Feminism in India, 1800-1990, Zubaan, Delhi,1993
6. Rama Jois, Legal and Constitutional History of India, Vol. II., Universal Law Publishing - An imprint
of LexisNexis, India, 2017 (Reprint)
7. Radhika Singha, A Despotism of Law: Crime and Justice in Early Colonial India, OUP India, 1998
8. Flavia Agnes, Law and Gender Inequality: The Politics of Women’s Rights in India, Oxford University
Press, India, 2001
9. Upendra Baxi and Bhiku Parekh, Crisis and Change in Contemporary India, SAGE Publications Pvt.
Ltd., Delhi, 1995 (First Edn).
10. Rohit De, A People’s Constitution: The Everyday Life of Law in the Indian Republic, Princeton
University Press, Princeton, 2018
11. Mithi Mukherjee, Indian in the Shadows of Empire: Legal and Political History (1774-1950), OUP
India, 2009
12. Lauren Benton, Law and Colonial Cultures: Legal Regimes in World History, 1400-1900, Cambridge
University Press, Cambridge, 2009
13. Elizabeth Kolsky, Colonial Justice in British India: White Violence and the Rule of Law, Cambridge
University Press, Cambridge, 2011
14. Ranajit Guha, A Rule of Property for Bengal: An Essay on the Idea of Permanent Settlement, Duke
University Press, Durham,1996

24
25
Second Semester

BA LLB. Paper Code: BA LLB 110


Subject: Sociology II: Indian Society L5 C5

Objectives: The objective of this paper is to: (i) formally introduce the students to the significant social
institutions, their importance and issues in the Indian society; (ii) to assess the prevalent social structures
and issues of class, gender and tribe; (iii) understand social challenges like poverty, naxalism, inter-
ethnic conflict among others; (iv) introduce them to concepts like ‘sanskritization,’ mainstreaming of
tribes, and ‘melting pot approach’.

Course Outcome: The paper will help in (i)) developing ‘learning lifelong’ approach where students
are made to ‘learn how to learn’; and (ii) better understanding of modern sociological trends in the Indian
society.

Unit-I: Family, Marriage and Kinship (Lectures-10)

a. Kinship studies: Alliance and Descent Approaches


b. Principles of Descent and Descent Groups: patrilineal and matrilineal principles & groups
c. Family: Basic Concept, Functions and Dysfunctions, Types and Trends
d. Hindu joint family: features and trends
e. Marriage: Basic Concept, Types and trends, Functions and Dysfunctions
f. Live-in relationships, Same sex marriages, Divorce

Unit-II: Social Structure (Lectures-10)

a. Caste: Concept and features, relation with power, trends and mobility within caste structure
b. Change through sanskritization, Civil Disabilities
c. Class: Marxian and Weberian Concept, Classification of Indian Society- rural and urban
d. Gender: Sex and gender, Women as weaker gender, third gender, gender justice
e. Tribe: Concept and features, Mainstreaming of tribes

Unit-III: Religion (Lectures-10)

a. Concept and function of religion


b. Religion as social institution and as part of Social organization
c. Concept of Profane and Scared, Rituals, Rites- de- Passage
d. Context of Religious Pluralism
e. Secularism, communalism and fundamentalism

Unit IV: Social Challenges (Lectures-10)

a. Issues of unity in diversity: the Melting Pot approach and Bowl of Salad approach
b. Ethnic identities, Inter- ethnic and inter-caste conflicts
c. Naxalism and terrorism as major threats to national integrity
d. Problems of senior citizens and people with special needs
e. Poverty as a social issue

26
PSDA (Professional Skill Development Activities) 1 Hr/Week

 Debate on changing trends in family and marriage such as single parent, live-in relationships,
surrogacy, etc.
 Review Tamas. The film is about the massacre and exodus at the time of Partition of India and shows
a gruesome side of politics and the compassionate side of humanity that survives any carnage.
 Social Audit of Reservation Policy in India/ Review Gulaal. The film explores themes such as pursuit
of power, quest for legitimacy, perceived injustices and hypocrisy of the powerful.
 Critical Writings on various types of Crimes: Violent, White-Collar, Cyber, Environmental and
Organized

Text Books:

1. M. Holborn and M. Haralambos, Sociology: Themes and Perspectives, Harper Collins Publishers,
London, 2004
2. Patricia Uberoi, Family, Kinship and Marriage, Oxford University Press, Delhi, pp 50- 73, 1994
3. RamAhuja, Society in India: Concepts, Theories and Recent Trends, Rawat Publications, Jaipur &
Delhi, 1999
4. S. C. Dube, Indian Society, National Book Trust, India, 1992
5. M. N. Srinivas, Social Change in Modern India, Orient Longman, Delhi,1995

References:

1. S. C. Dube, Indian Society, National Book Trust, India, 1992


2. K. L. Sharma, Indian Social Structure and Change, Rawat Publications, Jaipur & Delhi, 2007
3. A. Beteille, Caste, Class and Power: Changing Patterns of Stratification in a Tanjore Village, Oxford
University Press, India,1996
4. Dipankar Gupta, Social Stratification (Sociology and Social Anthropology). Oxford University Press,
India, 1997
5. M. Holborn, and M. Haralambos, Sociology: Themes and Perspectives, Harper Collins Publishers,
London, 2004
6. Patricia Uberoi, “Feminine Identity and National Ethos in Indian Calendar Art”, Economic and Political
Weekly, Vol 25 (17), 1990
7. T. N. Madan, Modern Myths, Locked Minds,Oxford University Press, Delhi, 1997
8. A. Varshney, Ethnic conflict and Civic Life: Hindus and Muslims in India, Yale University Press, New
Haven, 2002
9. Sudhir Kakar, Colours of Violence: Cultural Identities, Religion and Conflict, University of Chicago
Press, Chicago,1996
10. N.Menon, Gender and Politics in India,Oxford University Press, New Delhi, 1999
11. V. Kumarand Ketaki Dwivedi,‘Sociology of Disability in India: A Victim of Disciplinary Apathy’, in
Social Change (August 14), 2017
12. Nilika Mehrotra, Disability, Gender and State Policy: Exploring Margins,Rawat Publications, Delhi
&Jaipur, 2013

27
Second Semester

LLB Paper Code: LLB 112


Subject: English II: Language, Law and Literature (Indian) L5 C5

Objectives: This paper aims to enable students to: (i) develop their interpersonal communication skill
which is of utmost importance in legal profession, and to provide better understanding of communication
strategies, i.e., to read and write analytically, and present complex information in a clear and concise
manner; (ii) examine the sources of law including statutes and case laws, and learn about the components
of a case-citations, parties, causes of action, facts etc. along with related key vocabulary and their
application in practice through drafting various legal documents: (iii) understand techniques of client
counselling; and (iv) sensitise them on socio-legal concerns of the Indian society through popular Indian
literature..

Course Outcome: The course enable the students to (i) Role enactments prepare students for better
interpersonal communications; and (ii) Literature helps in understanding a particular society to make law
students socially informed.

Unit -I: Legal Writing and Language (Lectures10)

a. Fundamental Principles and Guidelines on Research Writing


b. Reading of case laws, Case presentation and Analyses
c. Law and Language: Writing Research Project and Research Paper in Law
d. Problems of Legal Language in Drafting
e. Constitutional Provisions Relating to Language

Unit- II: Client Interviewing and Counselling (Lectures 10)

a. Meaning and significance


b. Different Components: listening, types of questions asked, Information gathering
c. Definition and its differentiation from general counselling
d. Different types of Counselling
e. Approaches to Counselling
f. Training Skills: Simulated Exercises

Unit- III:Professional Communication (Lectures 10)

a. Group Discussion
b. How to face an Interview
c. Presentation Techniques
d. Preparing Resume
e. Writing for Employment – drafting cover and professional letters
f. Nonverbal communication: Physical arrangement in meeting, hearing and listening

Unit-IV: Law and Literature (Indian ) (Lectures-10)

a. A Fine Balance by Rohinton Mistry


b. “Draupadi” by Mahashweta Devi (on Gender Inequality)
c. “Silence! The Court is in Session” (Play) by Vijay Tedulkar
d. “Panch Parmeshwar” (short story) by Premchand

28
PSDA (Professional Skill Development Activities) 1Hr/Week
❖ Memorial Writing, writing of Contract, Judgement Writing
❖ Drafting of Notice and Written Statements
 How to write a case comment
 Judgment Writing and collecting portions of famous judgments and discussing them
 Debates
 Role enactment of the Plays in Unit IV

Text Books:

1. Madabhushi Sridhar, Legal Language, Asia Law House, Hyderabad, 2019 (Paperback)
2. Anirudh Prasad, Outlines of Legal Language in India, Central Law Publication, Allahabad, 2019
(Paperback)
3. N.R. Madhava Menon, Clinical Legal Education, Eastern Book Company, Delhi, 2011 (Reprint)
4. Jenny Chapman, Interviewing and Counselling, Routledge, Cavendish, 2000 (2nd Edn.)
5. Glanville Williams, Learning the Law, Universal Law, New Delhi, Chapter 14, 2000.
6. M.A. Yadugiri & Geetha Bhasker, English for Law, Foundation Books (Cambridge India),New Delhi,
2005

References:

1. Ashok K. Ganguly, Landmark Judgements that Changed India, Rupa Publications, India, 2015
2. Professor Peter M. Tiersma, ‘What is Language and Law? And does anyone care’, in Legal Studies
Paper, 33, Nos. 2009-11, March 2009
3. A.G. Noorani, The Trial of Bhagat Singh: Politics of Justice, Oxford India, 2005
4. Rohinton Mistry, A Fine Balance, Faber, London (UK), 2006
5. R. L.Gibson & M. H. Mitchell, Introduction to Counseling and Guidance, Pearson Education, India,
2015 (7th Edn.)
6. V.R. Parti, Counselling Psychology, Authors Press, New Delhi, 2009 (7th Edn.)

29
Second Semester

LLB Paper Code: LLB 114


Subject: Legal Research and Moot Court L4 PSDA3 C5

Objectives: The course on Legal Research and Moot Court aims to (i) hone students’ written and oral
advocacy skills (ii) enable them to conduct proper research to prepare written submissions and present
briefs, (iii) give guidance and practical training about the court practices and etiquettes (iv) familiarize
students with the working of an actual court

Course Outcome: The course is designed to (i) train students in identification of issues in legal
problems, research method, framing and advancing arguments convincingly; (ii) make them confident
enough to argue in actual courts; (iii) equip students with the attributes of an effective and successful
professional lawyer; and (iv) prepare them in legal research techniques.

Unit-I:Introduction (Lectures-08)

a. Meaning of Mooting
b. Relevance of Mooting in law School
c. Difference between Moot Court & Court
d. Judicial System in India
e. Hierarchy of Courts
f. Jurisdiction of the Courts

Unit-II:Structure of Moot Court (Lectures-12)

a. Moot Problem
b. The Team
c. Memorial
i. How to approach a problem.
ii. Identifying the issues using different resource authorities to substantiate the arguments framed
for both sides.
iii. How to quote cases and other authorities in the memorial.
iv. Bibliography.
d. Oral Pleadings
i. Qualities of good mooter
ii. Language
iii. Court Manners
iv. Appearance & Presentation
v. Emphasis on the Law

Unit III: Techniques of Legal Research (Lectures-12)

a. Scientific Research in Law: The nature of scientific research, applicability of scientific research in
social science and law
b. Research Approach: Historical, Comparative, Social Surveys and case Study
c. Formulation of a Research Problem and preparing a Hypothesis
d. Tools of Data Collection: Document and Content Analysis, Questionnaire, preparing for field
interviews and guidelines for interviews, nature and types of interviews
e. Research Ethics

30
f. Processing of Data and Research Findings

Unit IV: Tools of Legal Research (Lectures-08)

a. Use of Law Library


b. Reading Legal Materials: Statutes, Reports, Journals, Manuals, Bill, Act, Books, Law Reports, Law
Commission Reports, Legislative and Constitutional Assembly Reports
c. Computer and Internet
d. Case Analysis
e. Legal Writing and Drafting Skills:Avoid repetitions, Avoide legalese in writing, Passive voice
minimalization, removing unnecessary words, use of parallel constructions, fixing remote relative
pronouns, use of symbols and abbrevations, sexist language, dashes, quotation marks, spelling out
numbers one to ten

PSDA (Professional SkillDevelopment Activities) 1 Hr/Week

❖ Statutes and Judgment Analysis


❖ Reading of Case Laws, Case Presentation and Analyses
❖ Dissertation/Thesis Writing
❖ Mock Moot Court exercises
❖ Access to Legal Resources: Library and Online Data Base
❖ Debate/Seminar/Symposium/Group Discussion

Text Books:

1. N.R. Madhava Menon, Clinical Legal Education, Reprinted, EBC India, 2019 (1st Edn.)
2. Bryan A. Garner, The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Court,
OUP (USA), 2014 (Hardcover)
3. Kailash Rai, Moot Court, Pre-Trial Preparations & Participation in Trial Proceedings, Central Law
Publications, Allahabad, 2019 (5th Edn.)
4. NomitaAggarwal& Mukesh Anand, “Beginners Path to Moot Court”, Universal Law Publishing
Co. Pvt. Ltd, Delhi, 2008 (2nd Edn.)

References:

1. David Pope & Dan Hill, Mooting and Advocacy Skills, Sweet & Maxwell,London, 2015 (Paperback)
2. Kailash Rai, Legal Ethics – Accountancy for Lawyers and Bench and Bar Relations, Central Law
Publications, 2020 (11th Edn.)
3. R. E.Riggio, Introduction to Industrial/Organizational Psychology,New Jersey: Prentice-Hall, 2003
(4th Edn.)

31

You might also like