Legal Element Identification

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Often, a more complex rule does not fit into any of these broad categories. Instead, the rule mixes conditions with exceptions. Their goal is to develop a method for establishing the rule that facilitates the identification of elements. For example, although no two legal research projects are the same, the order in which you want to search for different types of sources might look like this: Part 2: Break down the rule into elements that must be followed for the rule to be applied. 1 Model codes are an attempt by case law and the federal government to have uniform laws between different states. The state legislature may adopt the Model Code as the basis and then amend it to conform to the common law traditions of that state. By dividing the rule into elements, you can analyze it more easily under certain circumstances. This is a crucial step in organizing your analysis and schema. By dividing the rule into elements – that is, its artistic terms – you will be better able to easily scan your notes to understand the core of the principle when studying for an exam. Apply the law to your facts The most important part of the analysis. Don`t save money here! Discuss how the cited authority applies to your client and your facts. Discuss important similarities and differences. If you don`t make an effort to get the application, your legal letter will be weak and your lawyer won`t be impressed.

So if it`s primary law that you want, it makes sense to look over there first, right? Not so fast. While you need primary sources of law to support your case, in many cases it is much easier – and a more efficient use of your time – to start your research in secondary sources such as how-to guides, articles, and legal articles. As with any curriculum or any form of communication, if you repeat what someone else has said in your own words, make sure you understand the nuances of everything they have said. In a way, you are creating your own mini-reformulation of the law in the words of a 21st century lawyer. You can then compare what you have said with the case law to see if you have understood all the elements. ELEMENTS OF THE RULES I cannot tell you how much I wish someone had taught me, as a junior paralegal, how to divide the rules into elements. I had to learn it on the road! It`s not a difficult skill, but it does require discipline. Take the time to break down the laws into individual elements, and then apply each of them to the facts before you. This is a skill that all lawyers use. You should do the same! When it comes to online search, some people start with free legal search options, including search engines like Google or Bing. However, if you want to make sure your legal research is complete, consider using an online search service designed specifically for the law, such as Westlaw.

Online solutions like Westlaw not only have all the legal sources you need, but they also include artificial intelligence (AI) and other tools to help you do your legal research quickly. So use this technique. It`s a skill that, while easy to obtain, makes you a much better paralegal. Politics plays a key role in the analysis. Sometimes the particular facts of a case may satisfy the elements of the rule, but the result is not consistent with the underlying doctrine. It is likely that the court would then consider these special circumstances as an exception to the rule. By noting the policy, you include the policy in the rule as a condition that must be met. In general, a rule is true only if its policy is favored by the application of the rule. Now that you`ve gathered the facts and know your legal problem, the next step is to know what to look for. After all, you need legislation to support your legal argument, whether you`re giving advice to a client or writing an internal memo, brief, or other legal document. Whether you`re a student still in law school or a seasoned lawyer with years of experience, strong research skills are essential to making a winning argument. That`s why it`s so important to know how to conduct legal research, including where to start and what steps to take.

Regardless of the legal research project, you need to identify the relevant legal problem, as well as the desired outcome or facilitation. This information guides your research so you can stay focused and focused on the topic. You`ll never know what to look for if you don`t know what your legal problem is. Does your client need help recovering money from an insurance company after a car accident involving a negligent driver? What about criminal proceedings that exclude evidence found during an alleged illegal stay? In our example above, we need a definition of counterparty to fulfill the third element of an agreement.