Legal research analysis and writing answers in set

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Legal research analysis and writing answers in set

Perell Originally published in 2: Introduction It gives away no secret to observe that lawyers have their own unique discipline and approach to the resolution of legal problems. Not surprisingly, there are laws about determining the law. One of the most important of these laws is the law of precedent or stare decisis.

That doctrine and its significance in practical terms are the subject matters of this paper.


This paper is also about how a lawyer in everyday practice answers a legal question and how that lawyer evaluates and formulates legal arguments. The paper is only to a very limited extent concerned about the practical problems of how to find or look up the law; rather, the concern is how a lawyer should deal with the authorities that he or she finds.

Because different legal systems have different approaches to the proper way of deciding a legal point, the perspective will be Canadian and primarily that of Ontario. The doctrine of stare decisis What is the doctrine of precedent or of stare decisis?

Professor Gall described it in the following terms: The operation of the doctrine of stare decisis is best explained by reference to the English translation of the Latin phrase.

Basically, under the doctrine of stare decisis, the decision of a higher court within the same provincial jurisdiction acts as binding authority on a lower court within that same jurisdiction.

The decision of a court of another jurisdiction only acts as persuasive authority. The degree of persuasiveness is dependent upon various factors, including, first, the nature of the other jurisdiction.

Second, the degree of persuasiveness is dependent upon the level of court which decided the precedent case in the other jurisdiction. Other factors include the date of the precedent case, on the assumption that the more recent the case, the more reliable it will be as authority for a given proposition, although this is not necessarily so.

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What the doctrine of precedent declares is that cases must be decided the same way when their material facts are the same. Obviously it does not require that all the facts should be the same.

We know that in the flux of life all the facts of a case will never recur, but the legally material facts may recur and it is with these that the doctrine is concerned. The ratio decidendi [reason of deciding] of a case can be defined as the material facts of the case plus the decision thereon.

The same learned author 2 who advanced this definition went on to suggest a helpful formula. Suppose that in a certain case facts A, B and C exist, and suppose that the court finds that facts B and C are material and fact A immaterial, and then reaches conclusion X e. Then the doctrine of precedent enables us to say that in any future case in which facts B and C exist, or in which facts A and B and C exist the conclusion must be X.Learn more about our Ivy-League research paper writing service.

Frequently asked questions about custom term papers, essays, research papers, and projects are answered here. persuasive writing and oral argument.

legal research analysis and writing answers in set

Effective Legal Writing is an excellent basic legal writing source and includes chapters on case briefing, clear writing, basic legal analysis, and exam taking. The Little Book on Oral Argument is an easy-to-read book that covers the basics of . For a useful discussion of an introductory section, please see pp.

in Linda H. Edwards, Legal Writing and Analysis (Aspen ).

legal research analysis and writing answers in set

You should use "CRRACC" as a guide to constructing the discussion section. Articles for New Whither Innovation?: Why Open Systems Architecture May Deliver on the False Promise of Public-Private Partnerships.

🔥Citing and more! Add citations directly into your paper, Check for unintentional plagiarism and check for writing mistakes. Aviation Psychology.

The use of psychology in the field of aviation should be first set in context. The Federal Aviation Administration (FAA) has strict regulations about the health of pilots.

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