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Differences between primary and secondary source of Data
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The difference between a mediocre attorney and a great attorney, is their ability to do great research. Researching anything is a process; thus, legal research is the process of finding which primary law applies to a client’s problem. There are certain guidelines an attorney must follow when researching in the field of law; their goal to win their case in court with only the research they found. There are also different sources of law that require different approaches to research. There are primary and secondary sources of law. Primary sources are actual law that must be followed. Secondary sources help an attorney discover the primary sources and explain their meaning. Some examples of primary sources are constitutions, statutes, regulations, common law and case law. Secondary sources of law are treaties, restatements of law, model codes, and legal encyclopedias (Putman, 13). An attorney will first look in the index of a secondary source, to discover a case law, which would reference a case concerning the topic at hand. If a person has a problem, that needs to be addressed in a court venue, it is likely that person will
Competence comes with the ability, of an attorney, to know where to find the answers to their client’s problem. Legal research is an attorney process of finding the key facts of the case, and applying them to the cause of action. It is researching good case law and matching it to the elements in the case. The hope of an attorney is to create an argument - in court - that is indisputable. A current law school student would be wise to set up an effective research process at the beginning their law career. This will help to facilitate any and all research in the future. The difference between mediocre and exceptional is the method, an attorney practices to do their legal
Argument: This is where the attorney gives detail of the legal situations of the client, and relies on the primary and secondary authorities (Statsky, pg. 545).
The law is seen in two ways; as being fair, neutral and having an unbiased arbitrator,
The characteristics of a Scholar-Practitioner are as follows. They are scholars who “possess a deeper understanding of a subject matter.” At this level the scholar is able to apply knowledge gained in training, engage in a higher caliber of research, recognize evidence to test alternative explanations, provide competing hypothesis, and are able to view things from multiple perspectives. One must strive to become a Scholar-Practitioner, an expert in their
The 'Standard' of the 'Standard'. Duignan, Brian. A. District of Columbia v. Heller (Law Case)." Encyclopedia Britannica Online. Encyclopedia Britannica, n.d., pp. 113-117.
In this essay we will discuss the process of legal research, writing, and analysis. The subject matter will be presented in a clear, concise and objective manner. The textbook that we will be referencing is "Gilbert Law Summaries: Legal Research, Writing, and Analysis" 10th ed, BarBri Group, 2006.
of law that has been used to base his decision on. This is called the
and remedies applied by courts of law in civil proceedings giving the plaintiff or claimant relief
Although the legal profession is a single discourse community, it is made up of many smaller discourse communities. This is so because while all lawyers share the same broad goals of the legal profession and have a general knowledge and expertise in all areas of the law, most lawyers after graduating from law school and passing the bar exam specialize in a particular area of law. This specialization requires the lawyer to go beyond the broad concepts of law as a whole and to become knowledgeable and proficient in the sometimes minute details of a more specific area of law. Even then, some lawyers will go even further to focus on one aspect or another of that particular area of law. This results in most lawyers being members of many even smal...
A paralegal must possess people skills, legal research and writing skills, investigative skills and strong organizational skills to be successful in this profession. Cassandra Oliver, a senior paralegal at a large company states paralegals are organized, detailed, flexible and possess the ability to multitask (Hollingshead). As an investigator, I utilized many of the skills needed, and through classes, developed the legal research and writing skills. I will learn the ethical responsibilities that my internship has not taught me, in my ethics class this fall.
This is used to find out the intention of the legislature (such as the long title of the statute, headings to chapters and sections).3.Should these secondary aids to interpretation prove insufficient to ascertain the intention, the courts will have recourse to the so-called ‘tertiary aids’ to
Law is a system of rules that has been set up by the legislative branch of our government. It is a must that every person in that country follow these laws, or severe consequences will be held against that person. In every court house legal systems are held. There are two common types of legal systems used, common law and civil law. Common law is used by countries that are from the British colonies, as this type of system was originated from England, when King Henry II wanted to combine the laws and customs together. Whereas, the countries that use civil law are from the European colonies (Common Law vs Civil Law,2009). Even though, both laws are commonly used, they differ in terms of the constitution, the jury’s opinion, the role of the
...court, be honest, use current cases (shepardize), and always be honest with the court. Paralegals are not to sign the attorney’s name under any circumstances and are not to misrepresent their selves at any time. When in doubt of the research project, ask questions to further help completing the task, and never be afraid to others for help.
Crime is typically classified as either a property or personal crime. Personal crimes embody crimes of violence like murder and theft. With a private crime you'll have a offender and a victim. Property crimes area unit simply that, crimes against a bit of property wherever there's no use or threat of force against someone. the foremost common crime sorts area unit violent crimes, white collar and company crime, social group, and crime.
Presenting the Case Orally in Court: The Lawyer has to argue about his client’s case in front of the Judge in court.
Legal realism defines legal rights and duties as whatever the court says they are. Out of all the legal theories we have examined in class, I personally believe that this is the one that best exemplifies the purpose of law and would best suit and benefit society. The Dimensions of Law textbook defines legal realism as “the school of legal philosophy that examines law in a realistic rather than theoretical fashion; the belief that law is determined by what actually happens in court as judges interpret and apply law.”