JU5-105 Legal Method

Contents and structure

The course Legal method will deal with the Norwegian doctrine of sources of law, which is the principles, norms, and guidelines to be applied in the solving of legal questions. Here, the principles of legal reasoning and the associated values are studied, while in other subjects the principles are applied in the solving of legal problems. The course's main focus is directed towards principles of relevance, principles of interpretation and principles of weight/harmonization. It will also provide an understanding that the occurence of legal sources, and thus the legal argumentation, can vary between different areas of law.

The course is based on the introduction to legal method given in JU5-100 - Introductory Law Course.

Learning Outcome

Knowledge

The student must have insight in the Norwegian doctrine of sources of law, which are the norms, principles and guidelines that are used when deciding on legal issues, with particular emphasis on key relevance-, interpretation-, and weight/harmonization principles.

Skills

The student can use his knowledge in legal method to analyze specific judgments from the Norwegian Supreme Court. The student must, for example, be able to show how the Supreme Court in its judgements have used: - the principles of statutory interpretation, - the principles of application of unwritten law, - the principles of creation of rules where there are "gaps" in the law, - the principles for resolving conflicts between legal norms.

General competence

Upon completion of the course, the student must have an overview of the legal method and good knowledge of key relevance-, interpretation-, and weight principles.

Entry requirements

None

Recommended previous knowledge

Introductory Law Course (JU5-100), Examen Philosophicum (SA596), Law of Succesion and Family Law (JU5-106), Public Administrative Law (JU5-104) and Contract Law (JU5-103).

Teaching methods

Lectures, seminars (with oral presentations), working groups and private study.

Compulsory learning activities

Not less than 80 % participation in the seminars. Up to 2 exercise tasks (course requirements). One may be required to prepare minor written works for the seminars. Lack of preparation for seminars is considered as absence.

All the course requirements must be passed before you can sit for the final examination.

A course requirement is valid for the following two semesters.

Assessment

Individual oral examination. Letter grades.

Examination support material

You can use Lovdata, collected statutes and own notes or slides. It is permitted to cite relevant sources of law in accordance with good practice during the presentation of the assigned assignment. During oral questioning, you can use Lovdata and collected statutes, own notes and excerpts prepared for the presentation.

More about examination support material

Course reductions

• JU5-101 - Juridisk metode - Reduction: 8 studypoints