CategoriesArchives |
Back to Blog
Disclaimer: The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The material on this website may not reflect the most current legal developments. The content and interpretation of the law addressed herein is subject to revision. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel. Nothing in this website shall substitute proper legal advice.
Back to Blog
A guide to studying & exploring Law7/17/2023 by Michaela Ann Bayliss As a second-year law student, one may look back at how different the situation was in the first year of university in the law course. For instance, I was clueless about how and what to study from. By time, and over the first year of the course, one may be more confident as to how to adopt an approach how to study law as imposed in the programme of study. One may want to determine from which materials they would like to study and the technique they would like to adopt. The materials one should grasp when studying a particular field of law are vast, such as class notes, books, case law, law articles and journals, and most especially, the law itself. It is important to analyse different materials and sources of law, so that one may adopt a perspective on the given field of law or a particular topic at hand. Firstly, class notes are of utmost importance. Class notes aid the student in recalling what was covered by the lecturer. One would be told not to rely on past-down notes since the law is always evolving, and particular aspects of legislation may change. Thus, if one will in fact opt to refer to such past down notes, one should do so with caution and refer, and contrast with other materials such as the law itself. Class notes may not always be easy to formulate. The best method is to write the date of the lecture at its commencement and transcribe what the lecturer says during that particular session. If you do not type at the adequate pace, one may opt to record the lecture, if it is permitted, and write short notes. Moreover, the class notes may be kept according to the field of law or else according to the lecturer of that field. For example, if Mr. X and Ms. Y are teaching Constitutional law, one may either place both lecturer’s notes into one single document and indicate who presented the particular lecture, or else, Mr.X’s and Ms.Y’s notes may be placed into different documents as they may touch upon different strands of Constitutional Law. Secondly, the selection of books listed under the programme of study are not all essential, however, the more one reads, the better. The best books to read may not always be the latest editions. For instance, Maltese Constitutional Law has vast legal history which makes it what it is today and therefore, one may read the first edition of a volume of books that may not have the recent amendments as found in the current Constitution of Malta. In this way, one may see the gradual developments of the most important source of Maltese Law. Thirdly, alongside books, it is important to read law articles and law journals. Through these legal materials, one may adopt a perspective on the field of law at hand. Law articles and journals are assembled by legal jurists in the particular jurisdiction. In Malta there are many publications of Professors and lecturers at the University of Malta who give their perspective on the topic in question. These journals and articles may aid the student in researching what was cited in the same article or journal and will thus, enable a better understanding of the subject matter. Fourthly, and what is of fundamental importance, is the law. The law is the foundational starting point which must always be adhered to when researching in the law course. What is written in the law is always correct, in the sense, that what is written in the law must never be rejected. The law is always correct, but not necessarily right. This will be explored in greater detail when exploring philosophy and law. The law is divided into primary and secondary legislation. Primary legislation are the principal acts or chapters, whereas secondary legislation is the subsidiary legislation that adds to the primary acts of law. Both types of legislation must essentially be looked into. Additionally, parliamentary debates are paramount when studying law. Parliamentary debates will show the development of the particular provision or act of law as it evolved through the course of parliamentary proceedings. Moreover, amendments in the law must be observed as well. The law is not static, but it is a developing system of rules that must always be complied with. Probably one of the most important tools when studying law is case law. Case law is one of the most popular aspects which is over looked by students, but cases are of utmost importance. If you’re researching a particular topic, you don’t only need books, the law and articles, you also need to refer to cases to see how that particular law has been applied in practice. Once shouldn’t only look at cases of local courts and tribunals, but one should also look at cases of the Courts of Justice of the European Union (CJEU) and of the European Court of Human Rights (ECHR), the doctrines and interpretations of both these courts may be applied to our local scenario as well. Furthermore, there is no one technique that may be used to study the field of law. Many have adopted their own methods and these methods may change to their pleasing. What is important is to stay calm and focused during the stressful exam season which is usually during the months of February and June. It is advised not to study during the last few moments before an exam. A good technique that one may adopt during the year is to read material on the various subjects. Reading will enhance one’s knowledge on the subject, even though certain aspects may not have been covered in the lecture. The better understanding one has on the field of law, the better. Another method one may opt during the scholastic year is to arrange class notes and add on from books, pieces of legislation or else, law articles and journals. In doing so, one will be formulating personal notes on the matter and will have a compiled document of various materials ready before the exam, thus avoiding the hectic long nights trying to find a year’s worth of material needed to start studying. A student may adopt his/her own approach to studying law. It is not an easy subject; therefore, one must find a way to regulate his understanding of the extensive information he/she is about to learn and analyse. What is most crucial is to stay calm and start studying early to get a clearer understanding of what is to be revised for the demanding exam seasons. Disclaimer: The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The material on this website may not reflect the most current legal developments. The content and interpretation of the law addressed herein is subject to revision. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel. Nothing in this website shall substitute proper legal advice.
Back to Blog
ECBA Spring Conference 20235/8/2023 By Dr.Veronica-Anne Spiteri On the 5th and 6th of May 2023, Dr.Veronica-Anne Spiteri attended the European Criminal Bar Associations Spring Conference, which took place in Warsaw, Poland. The main topics of discussion were the Rule of Law, the Independence of the Legal Profession, Human Rights and War Crimes, specifically in the context of Ukraine. The Rule of Law is not a simple legal concept to describe. Everyone, irrespective of who you are, is subject to the same laws and regulations. Before the eyes of the law, everyone is equal, and maintaining that equality, means that one is upholding the rule of law. Throughout this conference, one definitely realised that Rule of Law is a risk which many European Union countries suffer despite various efforts to uphold such concept. This hence brought us to the Independence of the Legal Profession, to the Independence of the Judiciary in various member states of the European Union. The Independence of the Legal Profession requires that people understand, that the role of the lawyer is to defend one's rights, irrespective of who that person is. It is our job, it is our duty, as criminal lawyers our duty is to protect the accused, to ensure that the accused is given his fundamental human rights throughout his trial, and to ensure the proceedings are conducted according to law. Such profession, that of a criminal lawyer, is not an easy one, especially when you have situations where the role of the lawyer is that of defending a particular person, who would been accused of a particular offence shunned upon by society. How do you explain to society that you're simply doing your job in accordance with human rights laws? It is essential that society does start to understand this. Such concept, goes exactly in conjunction with the notion of the Independence of the Judiciary. The importance to leave members of the Judiciary freely ensure that all judicial proceedings before them are conducted according to law, and that all human rights are being upheld and guaranteed. Lady Justice is blind, with a sword in one hand, and scales in another, and that is exactly how our judiciary should perform their duties. Irrespective of the person in front of them, they need to ensure that human rights and proper procedures are adhered to. Human Rights are the basis of all, they have to be upheld, they have to be ensured, they have to be guaranteed. Being convicted of a crime, and I understand that not many would agree with me on this one, but being convicted of a crime does not make you any less of a human, and hence you should freely have access to the exercise and guarantee of human rights, whatever the situation is. Which brings me to the final point, that although war crimes are considered to be absolutely atrocious, even in such situations human rights have to be adhered to, not only vis-a-vis the victims rights, but also with respect to the accused rights. They likewise have so be safeguarded, even in such a morally difficult situation. We as lawyers are duty bound to safeguard the rights of people accused of these war crimes. Here I show my solidarity with my colleagues in Ukraine, who are currently passing through a situation whereby Criminal Lawyers, just like myself, are being shunned upon, criticised and questioned simply because they are doing their job. It is with such spirit of solidarity that the said ECBA Spring Conference ended, where us members of the ECBA showed complete solidarity with our fellow Ukrainian colleagues. Such conference proved to be a very interesting and informative conference, as may be seen from the above brief discussion and over-view. *Disclaimer: This article is not to be construed as being legal advice, and is not to be acted on as such. Should you require further information or legal assistance, please do not hesitate to contact Dr.Veronica-Anne Spiteri at veronicaspiteri@gmail.com |