12/1/ · Using doctrinal legal research methods and applying a normative, human rights framework, this paper concludes that while there are no out-right violations of fundamental rights and freedoms Author: Tom R. Tyler LEGAL RESEARCH AND WRITING Worksheet blogger.com Kayreen Stephenson • understanding qualities of a good essay • understanding how best to research and prepare for the essay The main difficulties include:• A lack of understanding of what is blogger.comted Reading Time: 8 mins 2/22/ · Identifying your intended contribution. Legal research paper blogger.com lexisnexis tools and resources to find and validate case law and statutes get up to speed in specific legal practice areas learn from leading practitioners through treatises and online communities stay current make sense of disconnected data points and pull it all together for smart strategic blogger.comted Reading Time: 5 mins
FREE 10+ Legal Research Form and Samples in PDF | MS Word
To browse Academia. edu and the wider internet faster and more securely, please take a few legal research paper sample pdf to upgrade your browser. Skip to main content. edu no longer supports Internet Explorer. Log In Sign Up. Download Free PDF. LEGAL RESEARCH AND WRITING Worksheet 2, legal research paper sample pdf.
Kayreen Stephenson. Download PDF. Download Full PDF Package This paper. A short summary of this paper. READ PAPER. This is explained at length in class, and students are urged to look at the Monash Law Review for examples of good legal writing. the conciseness and precision required for good legal writing. This can be a problem for some international students. For example, students might look at what happened in one specific case and automatically assume that the result will be the same in all other cases, without explaining the basis for that generalisation.
Some students may not be very familiar with the euthanasia debate e. international students from countries where this has not been an issue of public debate. But by reading, they would see arguments that discuss the slippery slope in euthanasia, or personal autonomy. Some international students handle the relevant issues very well, even though they may give them legal research paper sample pdf rather different perspective e. attaching less weight to personal autonomy than an Australian student.
We hope that as students go through law school legal research paper sample pdf won't simply learn what the law is, but they will be able to participate in law reform. They will actually be able to see how the law operates, explore what it is trying to achieve and how well it is achieving it -and so critically evaluate it.
Some students find it hard to recognise the difference between a High Distinction and a Distinction or Credit, legal research paper sample pdf. The problem is that most of them are doing a reasonably good job anyway. But to get higher marks, a student has to do an exceptionally good job, legal research paper sample pdf.
Sometimes the reasoning is not of a very penetrating quality: it is very much only a scratching of the surface. A student might only point out that there are these arguments for and against, and state which one they favour, but they do not really develop and argue their case.
There isn't any attempt to grapple with counter-arguments. Another problem is a tendency to gloss over arguments and come up with simplistic statements such as "euthanasia is bad because it involves killing people"! It is very important to engage with the issues and the arguments presented for or against.
What do I need to read? Summary: Use a range of secondary sources to identify relevant primary sources. Students are often unsure how much reading they need to do, and the type of texts they should be reading. In this first-year assignment, reading is obviously very important. The information students need cannot be obtained from the lectures or class notes.
Generally students would be expected to locate a range of secondary sources e. a minimum of six texts and then to follow up by actually finding, and referring to, the relevant primary materials i. What are the differences between legal writing and other kinds of writing?
It should be as clear and concise and as precise as possible. Good legal writing is reasonably formal but not archaic. For example, it is not acceptable to use contractions such as won't or isn't, or to write in a chatty style.
But at the same time, students should avoid using words such as aforementioned and heretofore, as well as avoiding the use of we instead of I. The tone should be measured rather than involving excessive use of hyperbole, for instance and the writing should be reasonably objective. Legal writing is often in the third person, legal research paper sample pdf. For example, instead of writing "I would argue that While students should develop their own views, they should also acknowledge and deal with any counter arguments.
Adherence to conventions of grammar, spelling, legal research paper sample pdf, etc. A misplaced comma can alter the meaning of a clause, and documents that do not comply with required formalities may be rejected by a court.
Legal writing is usually less discursive than writing in legal research paper sample pdf humanities subjects, and precision is more important than variety. Sentence structure should not be too complex; legal research paper sample pdf is usually unnecessary to make extensive use of adjectives or adverbs, and consistency of terms is often required.
For example, when describing a case, the plaintiff should always be referred to as "the plaintiff". X, and so on may cause confusion. the plaintiff, defendant, judge, or whoever.
What are the best ways of using sources? Summary: Students must use primary sources as well as secondary sources. Students need to refer to primary sources statutes and common law judgments and not solely rely on secondary sources expert commentaries on the law. Even if the secondary source is accurate, it is possible the law has since changed.
How should students approach primary sources? But then they need to check the current state of the law. The module on legal research teaches students how to go about such research. This is especially important for students with very little or no background knowledge about an area of law and the policy or social or legal issues relating to it.
Students will need to engage in extensive research in order to complete the assignment satisfactorily. What are the features of legal argument? Many textbooks that discuss legal writing refer to the importance of such things as clarity, brevity, and conciseness, but these are important features of writing in other disciplines as well.
A most important part of a student essay is that they demonstrate that they understand the law. This usually involves students in identifying the current state of the law. However, they then need to discuss that law in terms of what is required by the task.
For instance, students might be asked to discuss whether the law in that area should be relaxed, or made more restrictive. They would need to summarise and evaluate reasons given for and against. Reasons may be of different sorts moral, social, a need to change the law to meet policy objectives, a need to change the law to create better consistency with other laws, and so on. These reasons would be evaluated, and a conclusion reached on which position seems most persuasive.
Students may be asked to compare the law in Australia with the law in another country. Sometimes international students make a comparison with their own country, legal research paper sample pdf, which can be very useful if it is done well, legal research paper sample pdf, but sometimes this is a problem because students do not have the legal resources to quote. But where it is done well, it can offer them quite a lot of insight. Although qualities such as clarity, conciseness, and the logical development of an argument are important in many forms of writing, they do seem to have a greater premium in legal writing.
Being a lawyer is very much about describing, analysing, and generally communicating clearly. The ability to use language well is therefore regarded as a more important quality than it might be in many other disciplines. In law, the actual words used perhaps have a greater significance than they do in many other disciplines. It is possible that in some other disciplines it is enough to demonstrate that you have grasped the concepts.
But in law the actual wording can be critical. This is perhaps obvious in the drafting of wills, or court documents, and other such legal documents, legal research paper sample pdf. It is very important to avoid ambiguity. People may easily lose confidence in a lawyer whose language is perceived as poor.
Time is at a premium for practising lawyers. But also important is the ability to get to the heart of a matter very quickly, to be able to recognise what is central and what is not. Therefore, discussion should be limited to only that which is necessary for the purpose at hand. This focus on clarity can also lead to some stylistic differences between legal writing and other forms of writing.
For example, as noted above, it is better to use one term consistently, such as "the plaintiff" when describing the person bringing a case. When a client comes to see you they really do want some fairly precise advice.
They want the legal research paper sample pdf explained to them in a way they can understand, but which eliminates the superfluous. A common problem in assignments is that students include all the things that could possibly be related. What is important is that the student sift through the legal material to determine what is relevant and irrelevant, and distils it down to its core element, legal research paper sample pdf, and then applies it to produce reasoned advice.
Reasoned advice includes identifying the arguments for and against, making clear the risks in proceeding with litigation or whatever.
Legal argument can be visualised in linear terms. You explain where you are coming from, develop your case step by step, and then come to your conclusion. You're trying to build legal research paper sample pdf a chain in a very structured, legal research paper sample pdf, straight-line fashion. Legal reasoning is sometimes compared to mathematical reasoning. There is a kind of linearity: you begin with step one, go to step two, three, etc.
How to Write the Background of the Study in Research (Part 1). See Links Below for Parts 2, 3, and 4
, time: 3:41Legal Research Examples - Law Search Guide - Subject guides at Charles Darwin University
legal research and must be included in all proposals. Literature review determines whether a research topic is a novel one or not. It determines whether a research will contribute to the literature in that area or not. In the same vein, PROFESSOR GASIOKWU82 said in his explanation of the term literature review LEGAL RESEARCH AND WRITING Worksheet blogger.com Kayreen Stephenson • understanding qualities of a good essay • understanding how best to research and prepare for the essay The main difficulties include:• A lack of understanding of what is blogger.comted Reading Time: 8 mins 10+ Legal Research Form Samples in PDF | DOC. The best way to prepare for any legal questions is by conducting legal research. But before you can do that, you need to have a legal research form. To give you more insight into what these are, here are a few samples you can check out. 1. Legal Research Project Form Sample
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