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Legal Research and Writing Course Outline 2024

Legal Research and Writing (University of Nairobi)

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UNIVERSITY OF NAIROBI
SCHOOL OF LAW
Bachelor of Laws (LL.B)
GPR 117: Legal Research and Writing
© Course outline prepared and reviewed by Dr. Robert Kibugi and Ms. Florence
Simbiri-Jaoko, 2013/2014. Revised and updated by Ms. Florence Simbiri-Jaoko,
Dr. Agnes K. Meroka and Mr. Chris Kerkering, 2014/2015. Revised and updated
by Dr. Agnes K. Meroka and Ms. Florence Simbiri-Jaoko, 2015/2016. Revised and
updated by Dr. Agnes K. Meroka, Ms. Florence Simbiri- Jaoko and Dr. Nkatha
Kabira, 2016/2017. Revised and updated by Dr. Agnes K. Meroka, Ms. Florence
Simbiri-Jaoko and Dr. Nkatha Kabira, Mary Ongore and Edna Odhiambo
2017/2018. Revised and Updated by Dr. Nkatha Kabira, Dr. Constance Gikonyo
and Ms. Florence Jaoko 2019. Revised and Updated by Dr. Constance Gikonyo,
Ms. Florence Jaoko and Mr. Kennedy Echesa 2020.

COURSE CONVENERS:
Ms. Florence Simbiri-Jaoko : [email protected], [email protected];
[email protected]
Office Hours: On appointment by email

Purpose of the course:

To equip students with the necessary skills to undertake research and writing in
law throughout their university studies and beyond.

Expected Learning Outcomes of the Course:

By the end of the course you should be able to:

1. The students should be able to read, analyze, think critically and write well
researched papers.
2. Look up cases, statutes, journal articles and other legal and academic
resources.
3. Accurately brief cases and identify and engage with the central argument
in a scholarly article.
4. Write good essays with a clearly identifiable issue and well substantiated
arguments with proper citation and referencing.
5. Write a clear answer to a problem question reflecting a clear grasp of the
law and reasoned application of the law to the given problem.
6. Explain the research process in general and legal research in particular.

Course content:

The research process; types of research; legal ; empirical research in law;

research ethics; nature of academic writing; nature of legal writing; reading and
briefing a case; reading and interpreting statutes; abstracting an article; citation
and referencing; legal essay writing; tackling problem questions; library skills;
print and electronic searches.

Mode of Delivery:

Lectures; Watching videos; Panel presentations; Tutorials; Case Method; Seminar

discussions; Problem based learning.

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Instructional Materials and/or Equipment:

Computers; Internet; Laws; Law Reports; Discussion Aids; Chalk/white boards

and necessary accompaniments; Library; DVDs; E-Journals: Lexis-Nexis; Hein
Online; JSTOR.

Assessment Type:

There is no sit in exam for Legal Research and Writing. Instead, students will be
expected to put the skills and knowledge acquired in the class into practical use.
The course is therefore assessed through three assignments: Any individual
assignments are submitted on the portal. Group work is submitted by the class
representatives as a single file by email to the Course instructor.

Class attendance is mandatory and University of Nairobi regulations require

students to attend at least 67% of the total number of classes. Participation in
class is also mandatory and is assessed through student panels and each week,
a panel of 10-15 students will be allocated material to read ahead of the class,
and each student in the panel will be called upon to respond to questions arising
from the readings. Class participation through the panels will also be assessed
and marks awarded. The combined weight of all these components of
assessment is 100%.

Class preparation

The students are also expected to undertake pre-class assignments. These

include guided readings of specific articles, watching videos on research, writing,
thinking and analysis. The readings will be communicated in advance. This is in
addition to in class activities. These include: reading a piece and discussing it;
reading a piece and paraphrasing, reading a piece and critically analyzing it.

COURSE OUTLINE:
PART A: FOUNDATIONAL ISSUES

I. INTRODUCTION

General introduction to the course; expectations and learning outcomes.

Introduction to Kenya’s legal system

II. UNDERSTANDING RESEARCH

What is research?
What is legal research? Different types of research

Readings:

Suzanne E. Rowe, ‘Legal Research, Legal Writing and Legal Analysis: Putting Law
School into Practice’ (1999) 29 Stetson Law Review 1193.

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Mike McConville and Wing Hong Chui , ‘Introduction and Overview’ in Mike
McConville and Wing Hong Chui (eds) Research Methods for Law (Edinburgh
University Press 2007).

Class Activity:

Read the following excerpt in advance of the class and prepare a write up of
what you understood from the reading; the style of writing and the use of
language. Paraphrase the excerpt in your own words and be prepared to present
your paraphrase in class.

Paulo Friere, Pedagogy of the Oppressed (Penguin Books 1993) 25-29.

ETHICAL ISSUES IN LEGAL RESEARCH

Understanding research ethics Understanding plagiarism How not to plagiarize

Readings:

University of Nairobi, University of Nairobi Plagiarism Policy (2013).

Susan Gilroy, ‘Interrogating Texts: 6 Reading Habits to Develop in your First Year’
(09/12/19) Available at https://guides.library.harvard.edu/ld.php?
content_id=44324954 accessed 26/02/2020

Keith Hjortshoj, Transition to College Writing (2nd ed. Macmillan Learning Instructor,
2009) Chapter 8.

PART B: CARRYING OUT LEGAL RESEARCH

UNDERSTANDING WHAT LAW IS

Defining the law;

Understanding the role and functions of the law in society; Understanding the
role of research in legal work.

Readings

Oliver Wendell Holmes, Jr. ‘The Path of the Law’ (1897) 10 Harvard Law Review
457. Available at http://www.constitution.org/lrev/owh/path_law.htm
Yash P. Ghai and Patrick McAuslan, Public Law and Political Change in Kenya: A Study
of the Legal Framework of Government from Colonial Times to Present (Oxford University
Press 1970) 3-35

Ifeanyi A. Menkiti, ‘Person and Community in African Traditional Thought’ in

Richard Wright (ed) African Philosophy: An Introduction, (University Press of America
1984) 171–182. Available at
http://www2.southeastern.edu/Academics/Faculty/mrossano/gradseminar/evo
%20of%20ritual/af rican%20traditional%20thought.pdf

UNDERSTANDING AND WORKING WITH SOURCES OF LAW

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1. a) What are sources of law? Having understood what law is, the next step
is to determine where to find it.
2. b) The Constitution and Statutes: What is the Constitution, where does it
come from and what are its functions? What are statutes, where do they
come from and what are their functions? Finding statues on kenyalaw.org
3. c) Common law: Understanding Kenya’s legal system; what is common
law? How common law operates; Understanding how courts make law;
Understanding how to work with case law; Finding cases in law reports.
4. d) International Law: What is International Law? Where do we find
International Law? What role does International Law play in Kenya’s legal
system?
5. e) Academic and scholarly text: How does academic and scholarly work
contribute to the development of the law? Finding academic and scholarly
work on JSTOR and HeinOnline.

Readings

William Burnett Harvey, An Introduction to the Legal System in East Africa (East African
Literature Bureau 1975) 412-743
Tudor Jackson, The Laws of Kenya (3rd edn, Kenya Literature Bureau 1988) 4-22
Peter Mugambi, Introduction to Law (Law Africa 2012) Chapter 2

FACTUAL ANALYSIS AND ISSUES DETERMINATION

Understanding what factual analysis is

How to analyze facts; Gather and organize the facts; Identify the legally relevant
facts; Formulate the facts
Determining the legal issues arising out of a given set of facts
Determining the applicable areas of law- understand what law is generally;
understand the various areas of law that exist.

Readings

Maureen Fitzgerald, Legal Problem Solving: Reasoning, Research and Writing

(LexisNexis 2010)

APPLYING THE SOURCES OF LAW

Analyzing sources of law to determine how they apply to a given set of facts
General rules in applying sources of law:
Begin with the grund norm- the Constitution and determine which constitutional
provisions are relevant to the facts you are working with
Determine the statutes that apply to the given set of facts and analyse those
statutes in light of relevant constitutional provisions
Find cases that may be useful in interpreting the constitutional and statutory
provisions that you are working with
Find International Law provisions that are relevant to the facts you are working
with and that are also relevant in understanding the constitutional and statutory
law provisions that you are working with

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Readings
The Constitution of Kenya 2010
Judicature Act Cap 8 Laws of Kenya
Kadhis’ Courts Act Cap 11
Magistrates’ Courts Act Cap 10
Beatrice Wanjiku & Another v AG & Another [2012] Eklr
Re Zipporah Wambui Mathara BC No 19 of 2010
LSK v Centre for Human Rights and Democracy & 13 Others [2013] eKLR

PART C: LEGAL WRITING

ACADEMIC LANGUAGE DEVELOPMENT

Academic grammar, academic vocabulary, academic writing skills, academic

formality and style. Developing your argument, Expressing your argument •
understand how to develop and link ideas, within and between paragraphs •
analyse and use academic language for organisation (telling a story) in your
writing.

Presenting your argument, how to structure a paragraph, how to structure an

essay.
Answering the question • focus your response to a task • identify and define key
terms in an essay question
Being concise & precise: Using a clear, concise, detailed academic style •
analyse and use academic language to be concise and precise in your writing.
Characteristics of legal English i.e. · Phrasal verbs · The use of common words
with uncommon meanings · Double synonyms also known as tautologies · Loan
translations · The use of Old English words · French words not commonly used in
the English vocabulary · Terms of art · Jargon · Latin terms.

INTRODUCTION TO LEGAL WRITING

Various documents in legal writing: case briefs, legal opinions, reviews of

academic and scholarly work, essays and dissertations
Plain English for lawyers: Writing in simple English and effectively
communicating with your readers

Readings:

Richard C. Wydick, ‘Plain English for Lawyers’ (1978) 66(4) California Law Review
727.
Bryan A. Garner, Legal Writing in Plain English: A Text with Exercises (University of
Chicago Press 2013).
Terri LeClereq, Guide to Legal Writing Style (Aspen Law & Business 2000).
George D. Gopen, ‘The State of Legal Writing: Res Ipsa Loquitur’ (1987) 86(2)
Michigan Law Review 333.

CONSTRUCTING AND STRUCTURING PIECES IN LEGAL WRITING How to write:

Legal opinion Case brief

Case review
Reviews of academic/scholarly works Essays

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USING CITATIONS EFFECTIVELY

Referencing (OSCOLA is used to illustrate how referencing is done in legal

writing) Paraphrasing
Using direct quotations
Pin-pointing

Case citations
Bibliography
Readings:
OSCOLA 4th Edition.
OSCOLA Quick Reference Guide.

USEFUL RESOURCES

Using ZOTERO to organize, store and update your work

Storing and sharing your work on Dropbox
Using social media platforms to effectively communicate, carry out research and
develop academic work.

REVISION AND QUESTIONS

CORE READING LIST

  Bryan A. Garner, (2ed, 2013) Legal Writing in Plain English, The University
of Chicago Press, Chicago & London.
  Alice Oshima & Anne Hogue (3ed, 2007) Introduction to Academic Writing,
Pearson & Longman, New York.
  Wayne C. Booth, Gregory G. Colomb, Joseph M. Williams, Joseph Bizup
and William T. Fitzgerald, The Craft of Research, University of Chicago Press,
(4ed, 2016).
  Olson, K. C., & Cohen, M. L. (2018). Legal research in a nutshell. West
Academic Publishing.

RECOMMENDED READING

  Chris Turner, Rebecca Huxley-Binns, Leon Riley & Angela Donaldson

‘Unlocking Legal Learning’ (2ed Routledge, 2014)
  Emily Allbon, Sanmeet Kaur Dua ‘The Insider’s Guide to Legal Skills’
(Routledge, 2016)
  John McGarry ‘Acing The LLB’ (Routledge, 2016)
  Lisa Webley ‘Legal Writing’ (Routledge, 2016)
  Rupert Haigh ‘Legal English’ (5ed Routledge, 2018)

  Sharon Hanson ‘Learning Legal Skills and Reasoning’ (4ed Routledge, 2015)
  Sharon Hanson ‘Legal Method and Reasoning’ (Routledge-Cavendish, 2013)
  Fiona Boyle, Deveral Capps, A Practical Guide to Lawyering Skills, 4th
Edition, Routledge, 2018
  A. R. Codling, Thinking Critically About Law: A Student's Guide,
Routledge, 2018.

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  Dawn Watkins, Mandy Burton (eds), Research Methods in Law, 2nd

Edition, Routledge, 2017

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