Gilbert Law Summaries Legal Research, Writing and AnalysisLegal research, writing and analysis should be more practice-driven in the sense that real world scenarios are incorporated into these exercises. Incorporating aspects of law that practitioners are likely to have to face in their professional careers is something that legal research, writing and analysis should include. For example, focus on client preparation and counseling, mediation and negotiation, trail litigation, and appellate advocacy are all elements of the professional practice of law that should see some play when it comes to conducting legal research, writing and analysis (Honigsberg & Ho, 2014, p. 5). The more that emphasis is given to practicing real world exercises, the more prepared the student will be upon entering the actual profession.Law research should also incorporate contracts and torts, while analytical writing should incorporate various legal decisions achieved over the years so that a historical understanding of the evolution…...
mlaReferences
Honigsberg, P. & Ho, E. (2014). Gilber law summary on legal research, writing and analysis. West Academic Publishing.
The first step in doing proper legal research is to fully identify the legal issues. This involves determining what statutes are involved or what principles of common law might apply. This is where many researchers fall short and it is essential that the researcher fully identify the parameters of the case before beginning the research otherwise valuable time and effort will be wasted.
Once the legal issues have been identified the researcher is ready to begin the process of finding the cases that support the legal argument that he or she is attempting to formulate. This is where the value of the computer and internet comes into play. In today's legal environment this part of the process is greatly simplified and expedited. Unfortunately, amassing the necessary case law is only the first step and the only step where the computer is of any benefit.
After collecting the law that both supports and…...
mlaBibliography
Nolasco, C.A. (2010). Toward a New Methodogy for Legal Research in Criminal Justice. Journal of Criminal Justice Education, 1-23.
Turley, S.L. (2010). "To See Between": Interviewing as a Legal Research Tool. Journal of the Association of Legal Writing Directors, 283-209.
Legal Unit 2
This chapter is completed with further information on a legal analysis in chapter 12, which discusses the organization of the results of the research. The Honigsberg Grid is amply described as a useful instrument in such an organization.
Chapter 13 presents directions as to how a memorandum of law should be written, as well as some of its most important characteristics, notably the fact that this needs to be an objective piece of writing and has to follow a particular format. The chapter also provides a sample of such a memorandum. The notions presented in this chapter are completed in the subsequent chapter, which refers to writing a memorandum of points and authorities.
Finally, chapter 15 refers to how an opinion or client letter is written. The opinion letter is the formal way in which attorneys inform clients about certain legal aspects. As a formal instrument, such a letter has a…...
Legal esearch and Argument
To begin the research for this case and the argument that follows, one must first examine the case and determine what is essential. It is assumed that the engineer was negligent because he should have known about the circular which advised that further structural support would be required for the type of building he was constructing. It is not enough to rely upon 20 years-worth of experience in the field because situations change which may negate all of that experience. Thus, this does not seem to be a legitimate argument for the engineer. It could be argued that the engineer was not made aware of the circular and that this was not his negligence but the persons who filed the document before he had seen it. Unfortunately, this would seem to be immaterial because it is the engineer's responsibility to stay abreast of important changes within the…...
mlaReferences
Brickhill v Cooke (1984) 3 NSAWLR 396.
Carosella v Ginos & Gilbert Pty Ltd. (1981) 27 SASR 515.
Hadley v. Baxendale, (1854) 9 Exch. 341, 156 Eng. Rep. 145.
Lenz, C. (2012). Guide to identification of construction defects. Retrieved from 925f2aa1e28a17500c9c2cd4http://www.lenzmoreton.com.au/news.php?id=384&cat=general&lenz=41441761
Legal research as Putman and Albright (2014, p. 335) point out "is the part of legal analysis that involves finding the law that applies to the legal question raised by the facts of a client's case." As the authors further point out, there is no magic formula when it comes to the conduction of legal research. There is no 'one best way' of conducting legal research. It is with this in mind that I develop my own three step legal research strategy.
My Three (3) Step Legal esearch Process
Analysis and Planning
As far as legal research is concerned, Elias (2012, p. 69) is of the opinion that one ought to have a clear idea of that which he or she would want to accomplish. In this particular stage, I would concern myself with not only the identification of the case's key facts, but also the establishment of the various legal issues represented…...
mlaReferences
Elias, S. (2012). Legal Research: How to Find & Understand the Law (16th ed.). Berkeley, California: Nolo.
Putman, W. & Albright, J. (2014). Legal Research. Stamford, CT: Cengage Learning.
Yelin, A.B. & Samborn, H.V. (2008). The Legal Research and Writing Handbook: A Basic Approach for Paralegals (5th ed.). New York, NY: Aspen Publishers Online.
SAUE OF LIMIAIONS
LEGAL RESEARCH
INRODUCION
he legal phrase: "Statute of Limitations' is one used in legal terminology to refer to the length of time allowed by law to enter into the court for settlement of a matter or prosecution of a crime. his amount of time varies dependent upon the legal issue's specific details. his research has been guided by exploration and research into the statute of limitations or the time allowed to criminally prosecute or for civil action to be taken against these offenders. he research herein is based on the laws of the separate U.S. states and the collective opinions of those states. Considerations for this opinion include the fact that those committing such heinous crimes against children are not known to simply stop committing these offenses and require punishment, treatment and sadly, in many cases lifetime-monitoring is necessary. Whether or not these laws should be relaxed in the case…...
mlaThe legal phrase: "Statute of Limitations' is one used in legal terminology to refer to the length of time allowed by law to enter into the court for settlement of a matter or prosecution of a crime. This amount of time varies dependent upon the legal issue's specific details. This research has been guided by exploration and research into the statute of limitations or the time allowed to criminally prosecute or for civil action to be taken against these offenders. The research herein is based on the laws of the separate U.S. states and the collective opinions of those states. Considerations for this opinion include the fact that those committing such heinous crimes against children are not known to simply stop committing these offenses and require punishment, treatment and sadly, in many cases lifetime-monitoring is necessary. Whether or not these laws should be relaxed in the case of catholic priest offenders is looked at in this research as to the general opinion of whether they should be held liable in a civil court for the commission of these offenses.
CRIIMINAL PROSECUTION OF SEXUAL OFFENDERS
Differing opinions exist among the states of the U.S. As to the statute of limitations or the length of time after the commission of the crime of a sexual offense has occurred. For instance the state of Alabama state code states that no period of limitations exists for prosecuting this offense or in other words that there is no statute of limitation placed by rule of court as to how long the state has to seek prosecution against a sexual offender. [Kirby v. State, 500 So.2d 79 (1986); as cited by the NCSL, 2006] In comparison the state of Alaska states the statute of limitations to be a period of ten (10) years following this specific offense. (Alaska Statute 12.10.01) Differing again Kansas states a five (5) year statute of limitations in sexual assault cases. (KSA 21-3106) Virginia agrees with the former state that there is no statute of limitations on criminal prosecution of sexual offenses. The state of Delaware allows for prosecution of any class 'A' felony to be commenced "at any time." (NCSL, 2006) Just as in the state of Alabama the state of Connecticut has no 'statute' that limits the length of time allowed for seeking prosecution of this type of crime. (NCSL, 2006) Indiana, Kentucky and Louisiana all agree that there is no bar to seeking legal relief through the criminal court venue
Secondary research methods and outlets as well as support agencies are examined here. This part is also strengthened by consideration of online outlets for examination of the often fast-paced change in status of certain legal questions.
Somewhat of an anomaly is the placement hereafter of several chapters relating to how best to read and analyze sources and cases. It would seem more consistent with the pacing of this work to place these segments just prior to or after the case law section.
Returning to a sensible structure, the text turns thereafter to consideration of the legal writing field. Offering basic guidelines, tips on structural organization, discussion on point by point segments of legal writing and even discussion on such legal correspondences as opinions and client letters, the text ultimately serves as a rather thorough introduction to effective understanding and practice of legal writing.
orks Cited
Honigsberg, P.J. (2002). Gilbert Law Summaries: Legal Research,…...
mlaWorks Cited
Honigsberg, P.J. (2002). Gilbert Law Summaries: Legal Research, Writing & Analysis. Harcourt Legal & Professional Publications, 9th Edition.
Te NPC, importantly, controls bot legislative and judicial functions -- true to te consolidation of power in communism. Wen discussing te Cinese judiciary, one must understand tere are no juries, only judges; and earsay is admissible as evidence, unlike te civil tradition. However, in keeping wit civil tradition, evidence obtained from documents carries more weigt tan oral testimony. Te judge in a Cinese court is not interested in defending laws, teir interest is in defending te interests of te communist state and te socialist system.
Module 2 -- Legal Researc
Primary and secondary sources (2.11) and Keywords (2.1.2). Sources used in legal researc are primary and secondary: primary researc emerges directly from legal opinions, legislations, treaties or case law; secondary sources are commentaries about te decisions from journalists, lawyers, scolarly journals, and textbooks.
Tings to look for in conducting researc include te rigt keywords, witout wic searc engines are not pointed in…...
mlahttp://www.law.nyu.edu/library/research/foreign_intl/foreigndatabasesbyjurisdiction/index.htm .
Lexadin (world law guide): http://www.lexadin.nl/wlg/legis/nofr/legis.php .
Megalaw International Law sites: http://www.megalaw.com/international/index.php.
d.).
A federal civil case entails a legal dispute between two or more parties. In order to start a civil lawsuit in federal court, the plaintiff will file a complaint with the court and serve a copy of the complaint to the defendant. The complaint will explain the plaintiff's injury, give details about how the defendant caused the injury, and ask the court to order relief. A plaintiff will often look for money in order to compensate for the injury, or may ask the court to order the defendant to stop the behavior that is causing the harm (Civil Cases, n.d.).
To put in order a case for trial, the litigants may perform discovery. During discovery, the litigants must give information to each other about the case, such as the identity of witnesses and copies of any papers associated with the case. The purpose of doing discovery is to prepare for trial…...
mlaReferences
Civil Cases. (n.d.). Retrieved August 15, 2010, from United States Courts Web site:
http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/HowCourtsWor
k/CivilCases.aspx
Mediation. (n.d.). Retrieved August 15, 2010, from U.S. Equal Employment Opportunity
Legal Immigration Is Good for the United States
With the United States opening its boarders to thousands of legal immigrants each year, immigration has become one of the most hotly debated issues in the country. However, what has largely fueled this debate has to do with the impact of both illegal and legal immigrants on the United States' economy, crime rates as well as education and environment. While some continue to advocate for the reduction of immigration within the U.S., others are of the opinion that legal immigration impacts positively on the U.S. In terms of diversity and economic gains amongst other unique benefits. It is important to note that when legal immigration is viewed from a critical perspective, the United States does benefit greatly from the same. This text will clearly and concisely highlight some of these benefits.
Immigration in the United States: An Overview
Considered a complex demographic issue, immigration to…...
mlaReferences
Arnold, K.R. (2011). Anti-Immigration in the United States: A Historical Encyclopedia. California: ABC-CLIO.
Estrom, P. (2007, June 7). Immigration: Google makes Its Case. Retrieved February 12th, 2012, from Business Week website: http://www.businessweek.com/bwdaily/dnflash/content/jun2007/db20070606_792054.htm
Geigenberger, J. (2008). The lasting Value of Legal Immigration for the United States of America. Norderstedt Germany: GRIN Verlag.
Griswold, D. (2009, July 21). As Immigrants Move in, Americans Move Up. Retrieved February 14th, 2012, from CATO Institute website: http://www.cato.org/pub_display.php?pub_id=10650
To the precedent of Paula's case, a prominent case, which exemplified the sometimes institutionalized presence of inappropriate sexuality in the workplace, came to light when "eight women and one man were fired from a North Mankato (MN) women's shelter because (allegedly) they refused to fit into the sexually charged atmosphere created by a few staff members." (Lang, 1) the clarity of motives for their collective dismissal aligned the decision directly with Title VII.
Still, the burden of proof, as is underlying in the constitutionality of our criminal and civil law systems, lay with the plaintiff. Thus, even if such incidences are said to have occurred, the judicial examination of any case would demand a prying deconstruction of the claim and the individual making said claim. Therefore, it will fall upon Paula to prove that Sam had made inappropriate and unwanted sexual advances toward her and further, that her refusal to…...
mlaWorks Cited:
Jessica, S.N. (2008). at-Will Employment Dismissal Law. EHOW. Online at http://www.ehow.com/about_5272311_atwill-employment-dismissal-law.html
Lang, G. (1994). Women's Shelter Sex Harassment. Men's Voices Magazine. Online at www.menweb.org
Brown, NS. (1994). Sexual Harassment -- Fact v. Myth. Men's Voices Magazine. Online at .
Partnerships demand that all partners (both general and limited partners) be on the same page financially and within the scope of the business operations. They require shared a goal and vision for the entity, and a mutual understanding of each owner's role and the parameters for exerting control. Perpetual lines of communication must be available for all parties in response to changing dynamics and the occurrence of unforeseen events. This is particular relevant in the restaurant industry, where consumers have many choices and often make them based on little substance
. The restaurant industry is fraught with sudden changes, which can require added attention, effort and capital in a short period of time. Therefore, a thorough understanding of the roles of each owner, be they a general or limited partner, is essential to a properly functioning partnership.
Additionally, effective partnerships require regular meetings and reviews of all business operations, and a careful…...
mlaReferences
Astrachan, J. (2003). Family Business' Contribution to the U.S. Economy: A Closer
Look. Family Business Review, vol. 17:3. p 211-219. (Retrieved from google scholar. Keywords: sole, proprietorship, owner, entrepreneurship)
Auty, S. (1992). Consumer Choice and Segmentation in the Restaurant Industry. The Service Industries Journal. vol. 12 (3). p 324-339. Retrieved from informaworld.com (Keywords: restaurant, corporation, consumer)
Baysinger, B. & Butler, H. (1985). Corporate Governance and the Board of Directors:
Legal Aspects of Professional Psychology
All psychologists are required to follow the ethical guidelines found in the 2002 Ethical Principles of Psychologists and Code of Conduct of the American Psychological Association (APA), commonly known as the Ethics Code. Other important ethical guidelines are found in the 2007 Competing Development Achievement Levels (DALs) of the National Council of Schools and Programs in Professional Psychology (NCSPP) and the Assessment of Competing Benchmarks Work Group of the APA. These ethics codes cover compliance, privacy and confidentiality, assessment, therapy, research and publications, and there are also special guidelines for dealing with children, minorities, culturally diverse populations, forensic psychology and gay and lesbian clients. Both the Ethics Code and state laws require psychologists to maintain the confidentiality of clients and their records, apart from legal requirements to report verified or suspected child abuse or clients who are a danger to others. Psychologists can only provide services…...
mlaREFERENCES
Arnaut, G.L.Y. And D.A. Hill (2010), "Ethical and Legal Issues," in J.C. Thomas and M. Hersen (eds). Handbook of Clinical Psychology Competencies. Springer, pp. 73-94.
Corey, G. et al. (2011). Issues and Ethics in the Helping Professions, 8th Edition. Cengage Learning.
Wulach, James S. And David L. Shapiro (2005), "Ethical and Legal Considerations in Child Custody Evaluations," in Gunsberg and Hymowitz (Eds.), A Handbook of Divorce and Custody Forensic Development and Clinical Perspectives. New Jersey: The Analytic Press pp. 45-56.
Legal Ethical Environment
[Type the document title]
Over the last several years, the mining industry has faced similar challenges. Part of the reason for this is because of the increase in demand for a host of different raw materials. In the case of Rio Tinto and HP illiton, they are facing similar challenges from various safety issues. elow we will examine how both companies are addressing this underlying problem. (Goodman, 2004)
Identify two firms with similar problems but from different countries
Two firms that are facing similar challenges that are from different countries include: Rio Tinto (based out of the UK) and HP illiton (headquartered in Australia). Where, they are wrestling with how to improve mine safety, due to a series of accidents that have occurred.
Conduct a comparative analysis of the firms
The two firms are facing increasing pressure to improve mine safety standards because of a number of high profile accidents. In the case…...
mlaBibliography
Australian Mine Disaster. (1998). Mine Web. Retrieved from: http://www.mineweb.com/mineweb/view/mineweb/en/page67?oid=80326&sn=Detail
Goodman, P. (2004). Booming China Devouring Raw Materials. Washington Post. Retrieved from: http://www.washingtonpost.com/wp-dyn/articles/A43765-2004May20.html
Perrin, C. (2010). Rio Tinto Spends More. IB Times. Retrieved from: http://www.ibtimes.com/articles/85861/20101126/rio-tinto-spends-more-for-underground-mine-safety.htm
Stevens, M. (2007). African Deaths Highlight BHP Mine Safety Problems. The Australian. Retrieved from: http://www.theaustralian.com.au/news/african-deaths-highlight-bhps-safety-problems/story-e6frg77f-1111115202285
This collection comprises health-care and social service employees such as visiting nurses, psychiatric evaluators, and probation workers; community employees such as gas and water utility workers, phone and cable TV employees, and letter carriers; retail workers; and taxi drivers (OSHA Fact Sheet, 2002).
The best defense that companies can give is to institute a no tolerance rule in regards to workplace aggression against or by their workers. The company should set up a workplace aggression avoidance course or include the knowledge into an accessible disaster prevention course, employee manual, or handbook of standard operating measures. It is important to make sure that all workers are aware of the rules and recognize that all ascertains of workplace aggression will be examined and dealt with quickly. Additionally, companies can recommend additional shields like:
Providing security training for workers so they understand what behavior is not suitable and what they should do if they…...
mlaReferences
Davidson, Michael. (2010). Federal Workplace Violence Laws. Retrieved October 17, 2010,
from eHow Web site: http://www.ehow.com/list_6116986_federal-workplace-violence-laws.html
Heathfield, Susan M. (2010). Workplace Violence: Violence Can Happen Here. Retrieved October 17, 2010, from About Web site:
http://humanresources.about.com/od/healthsafetyandwellness/a/workviolence_3.htm
I. Introduction
A. Importance of technology in the courtroom
B. Historical evolution of courtroom technology
C. Thesis statement: Courtroom technology has revolutionized the legal system, improving efficiency, accuracy, and access to justice.
II. Efficiency Enhancements
A. Electronic Case Management Systems (ECMS)
1. Paperless filing and storage
2. Streamlined docket management
3. Automated reminders and notifications
B. Real-Time Transcription and Recording
1. Instantaneous transcription of proceedings
2. Increased accuracy and completeness of records
3. Time-saving and efficiency gains
C. Audiovisual Aids
1. Multimedia presentations and demonstrations
2. Enlarged exhibits and documents
3. Enhanced understanding and engagement of jurors
III. Improved Accuracy
A. Digital....
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