Lahore University of Management Sciences

Introduction to Legal Reasoning – LAW 101 Section 1

Spring 2018

Instructor Marva Khan
Room No. 1-10
Office Hours TBD
Email marva.khan@lums.edu.pk
Telephone 8066
Secretary/TA TBD
TA Office Hours TBD
Course URL (if any) -

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 BA/LLB
Elective Non-law students
Open for Student Open to All
Category

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Close for Student None
Category


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.

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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 Yes/No: Yes
Combine/Separate: Separate
Duration: Class duration
Preferred Date: Session 14
Exam Specifications: Objective and Subjective
Final Exam 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.

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Course Overview
Lecture Topics Recommended Readings Objectives/Application
1. Introduction to the None Familiarize the students with the aim and objectives of the
course course; the course requirements and policies; and grading
instruments.

2 & 3. Introduction to legal Fischer & Zehlne “Introduction to Law and
concepts 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”, Students will learn basic terminology crucial to reading
(pages 70-79); cases including case titles (including differences between
Lahore Bachao Tehreek v. Iqbal Chohan (Canal civil, criminal and constitutional cases). There shall also be
widening case). in-class reading of a Supreme Court judgment to go over
various commonly used jargons.

5. Case law and the Holland & Webb, “Learning Legal Rules”, This session focuses drawing a comparison between civil
concept of judicial (pages 128-135); law and common law jurisdictions. It shall entail
precedent “Case law and doctrine of precedent – A manual
explaining what is meant by, and the practical implication
for practitioners”, Chapter 1. case law, judicial precedent and its types (binding,
persuasive) in common law countries.
6 & 7. Ratio decidendi, Barry Friedman & John Goldberg, “Open Book” In pursuance of the discussion on binding and persuasive
Obiter dicta, and (page 25-34); precedents, students shall learn the difference between
introduction to Holland & Webb, “Learning Legal Rules”, ratio and obiter under the doctrine of stare decisis.

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 IRACs (pages 157-199). Students shall be introduced to the IRAC (Issue, Rule,
Further reading: Barry Friedman & John Application, Conclusion) framework of case law analysis.
Goldberg, “Open Book” (page 35-46, 52-56)
8. Statutory Holland & Webb, “Learning Legal Rules”, Students will learn about rules of statutory interpretation
Interpretation (pages 227-257). (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 65- 93.

12. Euthanasia Cruzan v. Dir., Mo Department of Health, 497

US 261 (1990)

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13. Extension of right to Shehla Zia v. WAPDA PLD 1994 SC 693
life to environment

14. Mid-Term Exam No Additional Readings

15. Gender Equality and US v. Commonwealth of Virginia 518 US 515

Discrimination - I (1996)

16. Gender Equality and Muhammad Aslam Khaki v. Federation of

Discrimination - II Pakistan – Constitution Petition No. 43 of 2009

17. Right to marry Abdul Waheed v. Asma Jahangir (Saima

without consent of Waheed Case), PLD 1997 Lahore 301
guardians

18. Right to privacy – I Berger v. New York 388 US 41.

19. Right to privacy – II Shehnaz Ilahi v. IG Police 2015 PLD 213

Lahore
20. Freedom of Speech New York Times v. Sullivan, 376 US 254 (1964)
–I

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21. Freedom of Speech - Masroor Ahsan v. Ardeshire Cowasjee PLD
II 1998 SC 823
22. Quiz No Additional Readings

23. Freedom of Religion Regina v. Chief Metropolitan Stipendiary,

and blasphemy - I [1991] 1 QB 429.

24. Freedom of Religion Zaheerudin v. The State1993 SCMR 1718

and blasphemy - II
25. Religious symbols Dogru v. France, and Kevanci v. France
and attire (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 513

28. 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.

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