Legal Method: free practice, theory and problems

1. The sources of law

What is it about?

Legal method is the recipe lawyers use to find out what the law is: which sources may be used and how much each of them weighs. Knowing the method lets you solve problems even in areas you have never read about.

Key concepts and rules

• Sources of law: statutes (including the Constitution and regulations), preparatory works, case law, administrative practice, customary law, legal scholarship and policy considerations (what is a good and reasonable result).
• Preparatory works: official reports (NOU), the bill (Prop. L) and the committee recommendation. They show what the legislator intended.
• Precedent: a Supreme Court decision that other courts follow in similar cases. Plenary and grand chamber decisions weigh most.
• Hierarchy: the Constitution prevails over statutes, and statutes over regulations (lex superior).
• Other conflicts: the specific rule prevails over the general one (lex specialis), and the newer over the older (lex posterior).
• The principle of legality (Constitution Article 113): the authorities need a legal basis in statute to interfere with citizens.

Example

A regulation says an application must be sent within 1 week, while the statute says 3 weeks. The statute prevails because it ranks higher (lex superior).

Axle gives an introduction. Always check the current statutory text on Lovdata.

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2. Statutory interpretation

What is it about?

Statutes are written in words, and words can be understood in more than one way. Interpretation is working out what the rule actually says about the case in front of you.

Key concepts and rules

• The wording is the starting point: what do the words mean on a natural reading?
• Restrictive interpretation: the rule gets a narrower scope than the wording suggests.
• Extensive interpretation: the rule gets a wider scope than the wording suggests.
• Analogy: a rule is applied to a case it does not cover, because the cases are alike in all essential respects.
• A contrario reasoning: when the statute mentions something, the rule does not apply to what is not mentioned.
• Purpose: what is the rule meant to achieve? Preparatory works and case law help.
• In criminal law, extensive interpretation and analogy to the detriment of the accused are not allowed (the principle of legality).

Example

A sign says "dogs prohibited". Is a wolf prohibited? The wording says no, but the purpose (protection from dangerous animals) supports analogy. Is a guide dog prohibited? The wording says yes, but the purpose supports restrictive interpretation.

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3. The courts and the legal system

What is it about?

The courts settle disputes between people (civil cases) and decide whether someone should be punished (criminal cases). Norway has three levels, and a case can be appealed upwards.

Key concepts and rules

• The district court is the first instance. The court of appeal hears appeals. The Supreme Court is the highest instance.
• The Supreme Court only takes cases that matter beyond the case itself. The appeals selection committee decides which cases get in.
• In the Supreme Court most cases are decided by five justices. Important cases go to a grand chamber (eleven justices) or the plenary.
• In many civil cases you must first go to the conciliation board, which tries to get the parties to agree.
• Civil case: two parties with a dispute, for example about money. Criminal case: the prosecution against a defendant.
• Res judicata: a final judgment cannot be tried again.

Example

A consumer demands a refund for a broken sofa. The case starts at the conciliation board, can go on to the district court and be appealed to the court of appeal.

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