The legal system serves many aims, but it does not correct every wrong. It aims to curb the worst wrongs and promotes civil and political freedoms.
Distinguish different philosophies of law—schools of legal thought—and understand their relevance. Know that law is a social phenomenon. Also, recognize the various sources of law and which laws have priority over others.
Definitions
Legal law includes a system of rules and procedures enforced by a controlling authority, typically through penalties. This is distinguished from the broader concept of “law” that encompasses social, moral, and ethical principles, such as the right to a fair trial and the duty to tell the truth. Legal law also encompasses the specific areas of criminal and civil justice, such as property rights, marriage dissolution, child custody, and criminal prosecution.
A legal proceeding is a legal action that is allowed by law and carried out in court to obtain a remedy or enforce a right. Procedural law consists of the specific methods and rules governing a case, such as discovery and hearings. Substantive law consists of the rights and duties that govern specific situations, such as contracts and torts. The terms rule, precept, regulation, statute, ordinance and canon suggest the nature of the law: rule implies imposition by an authority; precept suggests guidance not enforced by an authority; a law is something enacted by a legislative body; a regulation or ordinance is a rule governing some detail of conduct or procedure; and a canon is a principle guiding behavior that has been accepted as authoritative.
Scope
Legal law is a set of rules that governs relationships between people and governs the activities of government, businesses, individuals, and organizations. The law may be a written document, statute, or custom. Laws can regulate and limit behavior, for example, by imposing restrictions on advertising or requiring registration of certain types of vehicles. They can also regulate economic activity, such as through taxes, fees, licenses, and permits.
In general, the scope of a legal matter is the range of activities, deliverables, and responsibilities that are outlined in the terms of a contract. Scope provisions can help prevent misunderstandings and disputes by clearly outlining what is included and excluded from the agreement.
Scoping a legal matter accurately is a critical element of alternative fee arrangements (AFAs), but it can have tangible costs and organizational benefits even for non-AFA matters. This post explores how legal departments can effectively define the scope to garner these benefits.
To determine a legal matter’s scope, it is important to understand its background and context. Legal teams can use their experiences from similar matters to predict the variable factors that will impact this case, and then develop a plan for what to do next. This preparation will typically include analyzing the complaint and evaluating both its causes of action and potential defenses. It will also include identifying potential custodians and data types, sources, and formats, which can then be used to propose search keywords, scope limitations, and a timeline for production.
Methods
Legal research is the process of identifying and gathering information relevant to legal questions or issues. It involves researching statutes, regulations, case law, and secondary sources like legal commentaries or scholarly articles. This is an essential skill for anyone who works with the law.
To conduct legal research, you must first clearly define the issue or question you are trying to answer. This will help you find the right sources and focus your search. Once you have a clear understanding of the legal issue, you can begin searching for primary sources, which include statutes, regulations, and case law. Secondary sources, such as legal encyclopedias and practice guides, can be helpful because they provide an overview of the topic and often cite important statutes and cases.
Once you have located the primary sources you need, you must use a citator to verify that they are valid precedents. A citator is a catalog of case law and statutes that show their subsequent history and current precedential value. It can be found in most legal databases.
Finally, you must keep track of your research to ensure that you do not miss any relevant sources. This can be done by keeping a research log, which can be written on paper or kept electronically in a folder on your law library’s online platform.